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Dave1433

Cue For Earlier Effective Date

Question

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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Dave1433,

Unfortunately, I cannot shed a light as to why the VA did not sympathetically develop the entire range of your claims. I'm sure others will offer their thoughts. I will keep you in my prayers and hope your personal struggles have a happy ending.

I hope you can find comfort in knowing that many veterans are sick & tired of the games the VA plays in cases like yours. Some are disappointed in the services the major Veteran Service Organizations are offering and have found them unresponsive and incompetent in their representation of our claims with the VA.

Don't waste your hard-earned money. The VeteranWarrior group has arrived and are making their concerns known so effective changes can be made. THERE IS NO FEE TO JOIN.

I strongly you to visit this website and see what this courageous group is all about. Read the mission statement, make your own choice to get on board, or let the VA claims process exist as it has for several years.

http://veteranwarrio...m/about-us.html

Thanks Dave. Together we can turn this around for future veterans.

LC

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The why is because it would cost them more money. They should have decided something on your leg then, usually NSC because you didn't mention it in your claim. Check the original decision for mention of anything about your leg, probably on the last couple of pages or the blue sheet.

You could have a CUE and it may be worth pursuing. It may also be an "open claim" because they found something and didn't rate it. The VA is required to rate anything found during the C&P exam. They usually rate anything found but not claimed as NSC. The arm may be a separate issue. jmo

pr

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