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

[FormerMember]

Zoomies helping Zoomies, sir. Remember the AF motto- Why march, paddle or wade through a swamp when you can fly there. That's why we invented airplanes. Regardless of the branch of service, we help one another get there by the shortest path. Leave no one behind...

Joe Fenderson's case taught us that once you win, you can begin a discussion of what the appropriate date of claim is-be it 1992 or 2012. You have one year to file a NOD to that effect. After that, you acquiesce to VA's decision as being correct. You can fight this for years and years but you have to take that important first step and put down your marker after you win.

When you ask for an increase in your rating, you can only go back a year before your claim to examine pertinent info that might prove you were entitled to it earlier (but not more than a year earlier). With an initial claim, once you win, the whole enchilada is opened up and a long-winded discussion (and adjudication) can ensue from it. At no other time will you be able to influence or change the effective date of entitlement other than by a CUE. Granted there is the 38 CFR 3.156© avenue, but that isn't pertinent to this discussion. You had what you needed to prevail in 1992. VA just had a brain fart and let it slip. Unfortunately, they will now try to cement it in 2012 and forbid revisiting 1992. Be very careful with suspense dates. Best of luck.

Clear prop. Clear six.

Edited September 9, 2014 by asknod

[Fat]

Good Information!!!!!!!!!!!!!!

[saxman]

Thanks again! I wasted no time filing a NOD for an earlier EED of 1992 once they awarded me on the claim that i filed last year. i know you have a year to file a NOD, but way wait? I filed one month after my decision.

saxman

Edited November 1, 2016 by saxman

[carlie]

Thanks again! I wasted not time filing a NOD for an earlier EED of 1992 once they awarded me on the claim that i filed last year. i know you have a year to file a NOD, but way wait? I filed one month after my decision.

saxman

You absolutely must get the VBA to see that - although they just SC'd and provided compensation for your (ulnar nerve - wrist)

on their decision dated XX/XX/XXXX - this issue has clearly been open awaiting a decision since XX/XX/1992.

It was claimed in 1992 (send them a copy of that submission) and NO DECISION WAS EVER MADE, until now.

[FormerMember]

Roger that, Carlie. I was assuming he inputted that contention into the NOD. If not, he needs to file an addendum to the NOD reiterating why he feels the ED is 1992 and why- listing each and every piece of evidence which was in constructive possession of the VA (PEB/MEB). Bell v. Derwinski was decided July 21, 1992 so the theorem of constructive possession doesn't attach before that day. I'm hoping his filing was during or after that timeframe.

a

[saxman]

Asknod, Yes I did mention on the NOD that my condition was on my 1992 claim and the VA never mention anything about it. I still have a copy of my original claim just in case they lost the original from 1992. My claim was filed late 1992, and was effective Jan 1993 the first day I was a civilian.

saxman

Edited November 1, 2016 by saxman