Is This A Cue

[BigRed]

Hello everyone and thanks in advance,

I filed a claim in May 2005. VA sent me to C&P exams for this claim and made a decision on Nov. 29, 2005. I was denied. I was frustrated and did not appeal within 1 year and the case was closed. Note: I also did notice that they had not listed my C&P results as evidence in the denial letter.

Fast forward to 2012. I received a letter from Va stating that they had re-opened my claim because in the Nov. 2005 decision they had not looked at/used my C&P results which they had received on November 15, 2005. Remember they denied me on Nov. 29th. I obtained a VSO who helped me prepare a NOD for DRO review. I have been treated for the same ailments since 2005 and the VSO stated that if the appeal is won then we should try and get retro back to the original claim date of May 2005 due to this CUE by VA.

I know that this is early in the game but if the appeal is won, would this be feasable?

BigRed

[OSC]

BigRed,

I am no CUE Expert and hope that Berta, Carlie and the rest jump in because they are.

With that said; the way I understand you is that the VA (just out of the blue) sent you a letter? It sounds like they are calling a CUE on themselves, and this is a good thing.

Yes, you could get your old claim reopened, won and paid back (big retro) to the original date in 2005.

I hope you read the fine print on the rules of posting here about the 10% contribution of retros….(LOL).

Good luck with your case.

OSC

[jbasser]

They may have called cue on themselves. Let a decision be made before you file a cue. They seem to be doing the right thing.

J

[Berta]

"Note: I also did notice that they had not listed my C&P results as evidence in the denial letter."

Yep...that is a CUE and I agree with OSC and jbasser that they are going to CUE themselves.

I dont get this:

"I obtained a VSO who helped me prepare a NOD for DRO review."

I cant imagine why the VSO did that

.I assume you mean due to the 2012 letter????? But the NOD was on the past unappealed denial?????

I personally would wait for VA to go CUE themselves and see if the new decision is correct and,if not, it is still appealble at that point.

[carlie]

Ditto on the other reply's.

Wait for your decision because with what you've posted I feel

you will get the 2005 effective date, if the claim is granted as SC'd.

[broncovet]

Big Red,

You posted:

....they had re-opened my claim because in the Nov. 2005 decision they had not looked at/used my C&P results which they had received on November 15, 2005.

This is precisely what 38 CFR 3.156 is for, which is reopening the claim due to new and material evidence. If your effective date turns out to be later than 2005, you should be able to successfully appeal based on 3.156, and not have to meet the the more difficult "Cue" standard of review.

[BigRed]

@OSC - you scared me with the 10% comment You got me, lol.

@ Berta, Carlie and broncovet - This is what the 2012 letter stated:

"We made a decision on your claim for service connected compensation based on a review of additional evidence in file received on Nov. 15, 2005.

They then go on to list the reasons for decision and the last paragraph for each symptom ends the same with:

No medical evidence was submitted or identified to warrant a change in our prior denial. The claim for service connection for ........ is considered reopened. Hoever, the evidence continues to show this condition was not incurred in or aggravated by military service. The VSO had me send in a NOD (requesting DRO Review) along with medical evidence. The claim is now in Administrative Review.

Did the VSO advise me correctly?

thanks,

BigRed