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

[Philip Rogers]

Dear VA - On _______,1992, I filed a claim for ______ and to date I have not received a decision. Please review the evidence, for that claim, and render me a favorable decision, as the evidence shows. It's been over 22yrs and I think it's time to finish that claim. Sincerely, saxman

Keep a copy and send it certified mail, return receipt requested.

pr

[carlie]

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

pr,

I posted something similar to your a couple of days ago.

I think the OP is making it harder than it needs to be.

[saxman]

Thanks pr and carlie!

[Philip Rogers]

Sorry, I missed that, Carlie. I agree, he may be making it harder than it needs to be. I also like what you suggested about mentioning what his rating should be and the award date. I'd also add the line that he's seeking the maximum allowed by law. jmo

pr

[FormerMember]

If they awarded it in 2013, it became a Fenderson staged rating with a hitch, Always remember the "deemed denied" logic. If you do not object, complain, or file any motion seeking action on an unfinished claim, technically it must be assumed VA denied it at the time they made the other award in 1992. However, with the PEB/MEB info in the c-file, it most definitely becomes a horse of a different color. This is definitely not CUE. The doctrine of Laches keeps this one open forever until it is acted upon. The deemed denied theory most often applies when another claim filed simultaneously is denied. If VA doesn't mention it specifically, you are left to assume all of the claims were denied.

Here, you have the perfect vehicle to go "Back to the Future". You won, You file a NOD for the EED of 1992. VA digs their heels in and refuses to grant. You cite Fenderson and Manio and vociferously point out the claim is still open until it can be determined VA either approved or denied it. Absent anything in the c file to show it was denied, it's still viable. It's infinitely easier to go after this on a NOD than CUE-and far easier to win, I might add.

I got my 1994 EED on my Hep via a Fenderson interpretation and a long discussion about 38 CFR 19.29 and VAOGCPREC 9-97.

Clear prop

[saxman]

Thanks asknod! i didn't know anything about Fenderson and Manio. I have to research this.

saxman

Edited September 5, 2018 by saxman