ptsd Ptsd Claim In 2008 Denied, 2011 Went Through And Rated 30%

[usmcman001]

I was denied for my claim in 2008 due to lack of evidence. In 2010 I opened a new claim and eventually was awarded 30% in 2011. I have a combat action ribbon that was in my record at time of denial. Wouldnt that have been enough to set me up for a c&p exam? Is there anyway to get back paid till the original date I put in for claim?

[JR Reihs]

You might be able to claim CUE..........not knowing why you dropped the original claim it's hard to say .

[usmcman001]

It was started in 06/08 and closed 09/08. Lack of evidence is what it stated if I remeber correctly. Will have to dig up letters tomorrow after work.

[Berta]

Yes-either A CUE (Clear and unmistakable error) or a 3.156 B 38 CFR situation.

I am leaning to the CUE because you saidthey DID have the DD214 with the CAR on it

or is this possible.......

My husband was combat Vietnam 65-66 USMC.

USMC at some early point in time did not award the CAR.

But cant tell when you served here.

Did you request it to be put on a DD 215 via a DD 149?

The VA ignored my husband's DD 215 a few times in the claims process. I dont even recall if they mentioned it on my recent AO IHD death award and will check.

"It was started in 06/08 and closed 09/08. Lack of evidence is what it stated if I remeber correctly. Will have to dig up letters tomorrow after work"

If you didnt get a VCAA letter, in the older 2008 denial, they sure committed an error in that respect. CUE goes beyond that however.

Are you able to scan the denial and attach here when you find it? Cover the personal identifying stuff first.

We need to see the Evidence list they sent you too.

And was the CAR acknowledged in the new decision?

Edited September 28, 2012 by Berta (see edit history)