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.

[Berta]

YES!!!!!! hang in there K9MAL---I just added a great BVA decision to the last topic you were in.....NEVER GIVE UP!

[Berta]

They are looking for ratable medically documented residuals.

There are many claims like that at the BVA.

"While the record supports the Veteran's contention that he was injured by a tree branch in June 1985, there is no objective evidence in the service treatment records that this incident caused injury to his nose. Furthermore, and more importantly, there is no objective evidence showing current residuals of a broken nose or a nose-related disability. Private treatment records reflect no complaints, treatment, or diagnosis of residuals of a broken nose or a nose-related disability."

"Service connection for residuals of a broken nose is denied. "

http://www.va.gov/vetapp14/Files3/1423233.txt

This veteran, on remand, had chronic sinusitis and sleep apnea which might have been residuals of the broken nose and the remand was to determine that.
http://www.va.gov/vetapp13/Files5/1341640.txt

In this case the veteran had proven in the past that he incurred a deviated septum due to a SC broken nose.

His claim was for rating higher than 10%. (deviated septum as chronic residuals from broken nose)

An evaluation in excess of 10 percent for residuals of a
deviated nasal septum with obstruction is denied.

An April 5, 1996 rating decision denying service connection
for the residuals of a broken nose was not clearly and
unmistakably erroneous.
http://www.va.gov/vetapp97/files5/9741564.txt

[dswsrts]

i have had a denial for claim of adjustment disorder back in 2010 and was just informed today that the adjustment disorder diagnosios was not valid but havegeneralized anxeity disorder with borderline ptsd. would this fall under CUE??