Would This Be Considered A Cue?

[K9MAL]

I followed my VSO's advice in 2002 and didn't file a NOD, due to not wanting the VA to lower my ratings, as he suggested would happen. Fast forward to today and the 2 issues that were denied then were approved this last go around, 12 years later.

If both issues, tinnitus and left knee, are considered to be a CUE then it would bump my old rating of 60% to 70% and the backpay would be greater than $40k. So, I'm very interested in finding out if I should file for a CUE or if the issue is dead in the water.

This is the original decision letter for both issues.

[K9MAL]

Do you have your copy of the,

"Albuquerque VA Medical Center Examination dated November 6, 2001"?

Can you post the exact copy ?

If you mean the actual doctor's exam notes from the C&P, I don't have those, unfortunately.

I posted the actual decision letter and that's all I have. I just found out about requesting my C file and need to do that. Would the exam be in my C file? I don't think it would get here in time if I were going to go for a NOD.

[carlie]

If you mean the actual doctor's exam notes from the C&P, I don't have those, unfortunately.

I posted the actual decision letter and that's all I have. I just found out about requesting my C file and need to do that. Would the exam be in my C file? I don't think it would get here in time if I were going to go for a NOD.

Yes - the a copy of the actual exam itself and all of it.

What was discussed in your denial for Tinnitus was not exactly

and all of what was stated on that examination report.

Do you have a full and complete copy of your SMR's ?

If yes, any complaints of Tinnitus in there ?

You have to see and understand ALL of the evidence that was OR was not

factored into your original denial.

You can request an appointment to view your claims file at your VARO.

Find it in your file and ask them to make you a copy.

jmho

[K9MAL]

Yes - the a copy of the actual exam itself and all of it.

What was discussed in your denial for Tinnitus was not exactly

and all of what was stated on that examination report.

Do you have a full and complete copy of your SMR's ?

If yes, any complaints of Tinnitus in there ?

You have to see and understand ALL of the evidence that was OR was not

factored into your original denial.

You can request an appointment to view your claims file at your VARO.

Find it in your file and ask them to make you a copy.

jmho

I have most of the medical records, I believe. I don't believe there are complaints of tinnitus in my SMR but there are complaints of hearing loss. I just think it's odd they can service connect it now and they couldn't seem to do it then... Unfortunately I'm in Las Vegas and our VARO is in Reno so getting a copy in person isn't very feasible.

VA Fast Letter 10-35 was issued in 2010. My job is one of those listed for hearing exposure and tinnitus so that may have something to do with the latest decision.

[Berta]

It seems you are trying to get a better EED for the tinnitus (They gave you Sept 2013)

Did you claim tinnitus and Hearing loss in the original claim of 2001-2002?

[K9MAL]

It seems you are trying to get a better EED for the tinnitus (They gave you Sept 2013)

Did you claim tinnitus and Hearing loss in the original claim of 2001-2002?

Yes I am and I'm also trying for an earlier EED for the left knee as well.

I claimed both contentions in the original claim.

Edited November 3, 2014 by K9MAL

[saints13]

I had the same exact situation in my case. Denied in 1998, 2008 and then approved in 2014. Nothing was new except the c&p exam. So I took Mrs. Berta's advise as submitted a cue. Gave them 1998, 2008 and 2014 ratings. My 2014 rating explained in their own rating. We made a cue on their decision in 1998 so we are granting you 10% for tinnitus. That was about 2/months ago and haven't heard anything since. I keep calling, IRIS inquiries, complaints so this week sending in my NOD and if nothing then writing a comgress personel or someone an email for some assistance.