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Cue For Earlier Effective Date
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Dave1433
I have read all the recent cases HADIT pointed me to on CUE issues like Moody, Robinson, and Richardson and searched all the topics but I cannot find a topic on point with my issue.
My service rep and I did not specifically file formal claims for my left arm and left leg injuries (due to multiple sclerosis) in 2003 when I filed my initial claim for blindness in one eye (due to MS) and cognative problems (also due to MS). In 2004 I attended a C&P for my multiple sclerosis and the 10 page C&P report had medical jargon buried in it that appears to indicate that my MS was causing some problems with my left arm and left leg back in 2004. The exact medical wording the C&P neurologist used: "he has Babinski in the left" (which I see now after searching the internet means I have a reflex in my left leg that indicates nerve damage) and "left DTRs are hyperactive +2 to 3" (which I now know means I have nerve damage in my left arm). In July 2007 I filed formal claims for the left arm and left leg injuries and was awarded 30% for my arm and 20% for my leg effective July 2007. My service rep and I did not appeal the effective date of this 2008 decison on my left arm and left leg injury so it is final.
I was wondering why the VA did not sympathetically develop the entire range of my available claims back in 2004 to include my left leg and left arm injuries. Do I have a good chance at getting the effective date of these two injuries back to 2004 using CUE?
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