ptsd Denied Bronchitis 2004 Approved Asthma 2012

[SigBnSoldier]

Two months ago I received my rating decision for PTSD and Asthma. Was awarded 70% PTSD/Bipolar and 30% Asthma, IU/P&T.

In October 2003 I submitted a 7 contention claim that included "bronchitis". The claim was denied one year later without ever having been called to any c&p exams. In the denial for "bronchitis" the reasons says there is no evidence in my service medical records or mention of bronchitis, that my symptoms are asthma and respiratory difficulties from flu like symptoms in my SMR's.

In April 2012 I submitted a claim for PTSD and Asthma, ordered a copy of my C-File for the first time, and there plain as day in my medical records are numerous treatments in service for bronchitis and asthma.

Had a C&P exam in April 2013 for asthma, the c&p doc scratched his head, it was a no brainer to him, the evidence was plain as day in my SMR's and I definitely had continuity evidence in my file as well as current diagnosis.

The ONLY new evidence I submitted with this claim was updated continuity evidence, as well as a single treatment record for an asthma attack at a German hospital which happened a year after I discharged. That being said, the VA treated this claim as a "reopen" claim and approved it easily, but under the diagnosis of Asthma.

My question-

Shouldn't the VA have re characterized the bronchitis claim as Asthma? Do I have grounds for an earlier effective date? The evidence was clear in my SMR's, which the VA did have at the time of the initial denial. Should I file for CUE?

And what will be the repercussions of filing such a CUE on my PTSD rating, will I be reevaluated and possibly lose my P&T even though I was just rated two months ago?

Thank you in advance, hope this post isn't too confusing.

[Berta]

At least it is moving and you certainly have your ducks in a row and they seem to be well armed---with evidence.

GOOD move as well to use both CUE and 38 CFR.3.156!!!!!

[SigBnSoldier]

Moved to Pending Decision Approval... pretty nervous as there's about 40k on the line here. More likely I'll join the long appeals process on this one though.

[SigBnSoldier]

Within 15 minutes it moved to Notification Phase so I think it's probably denied, this would have required more than one signature and I'm sure it would have stayed in the previous stage for longer had it been approved. Will update the outcome.

[SigBnSoldier]

Yes, it appears to be a denial. Went into start a new claim on ebenefits to check effective dates and the only thing that changed was the title of my disability. They changed it from "asthma" to "asthma previously claimed as bronchitis" and removed my non service connected condition of bronchitis from the list. The effective date still shows as 05/09/2012, not 11/2003. Oh well, on to the appeal I guess.

[SigBnSoldier]

Is it possible effective date didn't change because they awarded less than 30%? Or is the fact the removed "bronchitis" from my list of not service connected and then changed my asthma to "Asthma previously claimed as bronchitis", good reason to believe this CUE has been denied?

[saints13]

I have the same problem but with tinnitus. In 1998 it was denied saying no record of hearing loss or tinnitus. But my med board clearly stated bilateral hearing loss and tinnitus. In 2008 reapplied and denied again for tinnitus. Then reapplied again in 2014. This time it was granted and it clearly stated" we made a clear and mistake on your sc condition of 1998 decision." You are here by granted 10% tinnitus, 0% hearing loss as of 1/2014.

I submitted a Cue with denials of 1998, 2008 and award from 2014. Along with medical board evaluation stating I had bilateral hearing loss and tinnitus along with all my audiograms from entry to service to exit of service. Then respectfully requested they grant me eed of 1998 instead of 2014 since I had no other new evidence in any of the claims. I think 1998 decision was just over looked.

Then I followed up with a NOD a month later with same exact information as the CUE. This was in a topic Berta used at one time so I tried it. I still have not heard a word about either cue or nod and keep sending in IRIS requests. Wish I knew who I could contact besides the new secretary.

Also like you afraid to rock the boat because have a claim in that is not finished and afraid they may deny them as well or low ball me or something.