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

[Berta]

Can you scan and attach here ( cover name, address, C file) the letter that said this:

"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"

[BigRed]

Berta,

Sorry for the delay, haven't been feeling good lately.

I may have paraphrased the letter a little too much in my haste. This letter did come out of the blue in November 2010 from the VA stating " 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."

I have attached the Decision deleting personal info.

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.

BigRed

CLUE.pdf

[BigRed]

Can you scan and attach here ( cover name, address, C file) the letter that said this:

"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"

Can you scan and attach here ( cover name, address, C file) the letter that said this:

"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"

Berta see response email that I sent.

BigRed

[BigRed]

Bertie,

Apologies for that, I got carried away with the black marker.

To recap:

In 2010 VA reopened my claim from 2005 for headaches, throat conditions, skin condition and nasal infections. They had my C&Ps at the time but did not use them for whatever reason when they decide my claim (it was denied). For headaches I was sent to a Neurologist who diagnosed me with PTSD caused by Desert Shield/Storm then referred me to a Psychologist who had the same diagnosis.

I put in a claim in 2010 for PTSD and CFS and was recently awarded rated 50% PTSD 50% Sinusitis with headaches (both effective July 2012).

I am thinking of submitting a NOD for an earlier effective date (2005 ) for both PTSD and Sinusitis (previously nasal conditions). Is this the logical thing to do?

BigRed

[Berta]

I am reading this as........ the 2005 claim was for four disabilities , but the 2010 claim was for 2 different disabilities.

Were the sinus headaches mentioned as the same etiology of the headaches claimed in the older claim?

In that respect you might have a bases for a CUE claim regarding the headaches.

What VA rationale did they state for the July 2012 EED?

Was that the date of the most recent C & P exams? Even so, that doesn't make sense.

[carlie]

BR,

That 2010 one page RD that states the denial is CC'd,

does not provide the info needed to help.

We need the exact wording from the Reasons and Bases Section.

How about scanning that in.

Thanks