Cue On Original Claim

[saxman]

Hello everybody! I'm knew to this form so please bare with me if I am posting in the wrong form.

First some of the details on my CUE claim: I filed my original claim back in 1992 for Sarcoidosis and Ulnar nerve entrapment, I was awarded 30% for my Sarcoidosis but they never mention or adjudicated the Ulnar nerve entrapment. I took the 30% and never looked back until years later I started having problems with my wrist again. So I was told to file another claim and I did and this time they granted SC with a effective date of the second claim. After I was awarded for my wrist I filed a CUE for an effective date of the original claim.

Do I have a CUE for an effective date of the original claim?

Thanks,

saxman

[Berta]

"I was awarded 30% for my Sarcoidosis but they never mention or adjudicated the Ulnar nerve entrapment."

"I did and this time they granted SC with a effective date of the second claim."

Do you mean they did adjudicate and award the ulnar entrapment?

Of course you are thinking (and so am I) the EED should have been in 1992 as that older claim was still 'open'. Was the EED the date of the re-opened claim for the claim they never adjudicated in 1992?

"After I was awarded for my wrist I filed a CUE for an effective date of the original claim."

GOOD. As long as the ulnar entrapment was at a ratable level ( 10% or more) in 1992, you certainly have a very valid CUE.

There is plenty of info here in our CUE forum.

There are key issues to cover in filing a CUE.

You probably covered them all, citing the CUE reg citation, and referred and enclosed a copy of the 1992 decision.

This sounds good! What rating did they give you in the recent award?

Anytime a vet gets a SC rating for something VA denied in the past , they should consider CUE regarding the older denial.

It just makes sense. If VA SCs something directly due to service ,say in 2014...and had denied the same issue say in 1995, they most likely had committed a CUE in the older decision ,if the disability at that time was at least ratable at 10%.

Are you still in the appelate timeframe for the recent award?

[Berta]

One other question.....did you raise the point with them in the CUE that the 're-opened' claim was technically still an Open claim?

That fact alone, from what I understand here, should set you up for a better EED as well but I am glad you filed the CUE claim.,even if you didn't mention it.

Sounds great.... even 10% from 1992 to date of their award for the ulnar problem, is still a nice chunk of change that VA owes you, if this CUE succeeds.

Welcome here and thanks for doing some VA 101 homework. It is often what all of us have to do because even in awards, VA makes many errors.

[carlie]

Can you post exactly what your original claim listed for conditions

and exactly what was stated in the rating decision in either the narrative

or Reasons and Bases Section.

Omit your name, claim #, etc . . .

[saxman]

Thanks Berta and Carlie for your replies.

Beta they gave me a 10% rating and I filed the claim Aug 2013 and was awarded June 2014. I'm working with a DAV representative who filed the CUE and all other recent claims and VA paperwork. I don't know if my nerve entrapment was compensable or not back in 1992. Yes Berta the EED of the CUE claim was for the 1992 original claim. If my claim was noncompensable in 1992 and become compensable at a later date how would I know if they never adjudicated the claim?

Carlie the condition listed on my 1992 claim was Sarcoidosis and Ulnar Nerve Entrapment at left wrist. The claim was filed while i was still on active duty and just two months before I got out of the service. The award letter stated that " The evidence establishes the following service connected conditions: Sarcodosis"

The other thing with the claim is because I ran out of room on the form I stated my Ulnar Nerve Entrapment in the treatment section of the form as well as the Sarcoidosis.

Thanks

[saxman]

Oh Berta they did not adjudicate the nerve entrapment claim back in 1992. When we filed the CUE in June we did not mention re-open claim. Will this be a problem?

[carlie]

Oh Berta they did not adjudicate the nerve entrapment claim back in 1992. When we filed the CUE in June we did not mention re-open claim. Will this be a problem?

I'm not Berta - but heck no - if this issue has been left open without a denial or decision since 1992 -

I wouldn't even breathe the words "re-open", at least not for now.

Editing to add:

If the "nerve entrapment" issue has remained open without a decision since 1992 -

I personally do not see where you can submit an acceptable CUE on it as no

decision has ever been made and no decision on this issue has ever become a final decision.

Personally, I would just write the VBA - hey - I've been waiting on your decision for

SC of my nerve entrapment since 1992, I continue to have this medical condition

and feel SC and compensation is long past due.

I would look in Part 4 and see what evaluation my medical evidence supports, make a copy

to submit with it and tell them I feel SC at ___% is warranted by the evidence of record

with an effective date of XX/XX/1992. If this is done I would be in agreement that this

issue is completely satisfied.

My firm belief is that the decision makers do like to see the quickest way to

completely satisfy issues,as they know it won't come back as appeal leading to

someone reworking the issue and getting a number off the stats.

jmho