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?
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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
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