41 Years Of Retro Under Cue

[Berta]

I found this by accident while searching the BVA today:

Better than a daisy CUE, this one is a beautiful Rose Garden

And, like my SMC CUE, it grew out of a Section 1151 issue.

very unusal to find 1151 CUE awards

"ORDER

The veteran's motion to revise a June 1959 Board decision on
the basis of clear and unmistakable error is granted. The
veteran's motion to revise an August 1998 Board decision on
the basis of clear and unmistakable error is denied as moot."

(It was a 1959 decision and BVA correctly denied the other moot CUE claim because they properly awarded this one, with 41 years retro!

http://www.va.gov/vetapp00/files1/0006555.txt

Also this goes to show what I say here from time to time ...

CUE is NOT a one shot deal.

[Berta]

Someone asked about CUE awards in very old decisions.

So I bumped this one up. There are more CUE awards here, available under a search.

 

[ADodge]

I hope I am not repeating someone else's question.  This is not at all easy to understand.  So I'll just ask.  I was discharged in 1984 from the Navy.  I had married an active duty Navy enlisted and so my health care was still at the same base I was discharged from.  After 3 months post discharge the Doctor that was handling my health care suggested I file a claim for Asthma service connected.  Because when I joined the Service in 1980 I did not have Asthma but when I was discharged I was being treated for Asthma.  So I filed the Claim in December if 1984.  I was discharged the last day of March 1984.  And my discharge was honorable so no problem there.  The initial claim was that I filed was for Bronchial Asthma service connected. and it was denied in 1985. I didn't appeal it because back then I didn't know anything about appealing the denial and just figured that was it.  The denial stated THE EVIDENCE DOES NOT ESTABLISH SERVICE CONNECTION FOR THE FOLLOWING BRONCHIAL ASTHMA DUE TO ALLERGY.  Bronchial Asthma denied. (Funny that is what causes Asthma Allergies.  but god knows I grew up on a farm and never had any problems with allergies at least not so much as to cause me a problem with breathing.  And I had never been diagnosed with any allergies either before entering the service.)  Anyway time passed and I forgot all about this claim.  in 1997 I began receiving SSDI and part of my disability was the Asthma and by then I also had COPD.  More time passed and in 2014 the VSO in the town I live in suggested I file a claim with the VA for service connected disability for asthma. So I did.  And after again submitting to PFTs done by the VA I was approved at 60%.  Now I would never have questioned anything after that except that when I filed for the COPD and a few other items I was told that my representative was the DAV.  And I asked why was the DAV my representative and who in the DAV was.  And I was told told that back in 1984 I picked the DAV to represent me.  And I said "  I did???  Why would I do that?  and that response was "because you filed a claim back then.  That was when I thought SHIT I need to get a copy of all my records.  SO I finally did and that is when I learned and remember filing that claim.    So Here is my question.  Since Nothing except the severity of the Asthma has changed since 1984.  Would that initial claim be a CUE?   Wouldn't it be right to file a CUE regarding that claim so that the effective date of the current claim would date back to 1984?   Currently I have a NOD filed regarding the effective date.  But I really feel it is a CUE.  Is that right or not?    And if someone does answer this could you answer like you are explain this shit to a two year old!!!! LMAO  because All of this is just so Damn confusing to me!!!   

Thanks a lot,    

[Berta]

" The denial stated THE EVIDENCE DOES NOT ESTABLISH SERVICE CONNECTION FOR THE FOLLOWING BRONCHIAL ASTHMA DUE TO ALLERGY.  Bronchial Asthma denied. (Funny that is what causes Asthma Allergies."

Did you or the rep specifically state "Due to Allergy" on the claim?

Do your SMRs reveal you did, in fact develop allergies in the military?

Can you scan and attach here their reasons and bases for the 1984 claim denial and the evidence they used?

Obviously, with the successful outcome of the 2014 claim for the asthma , the VA certainly considered your SMRs but it seems they missed something in the older denial....so maybe this would even by a 38 CFR 3.156 claim.

I know it is confusing but if we can see the older decision (and we might need the newer one too) we can determine whether there is cause for potentially more retro due to a better EED.

Did the 2014 claim state the asthma was 'due to' allergies?

Cover C file number, name, address, prior to scanning and attaching it here.

I focused on the 'due to ' part because statements like that can lock us in to one theory of entitlement when other theories could be 'due to exposure to chemicals, via your MOS etc etc.

 

 

 

[Berta]

I  do agree that allergies can cause Asthma..you are correct...but I wonder if the VA even considered your SMRs properly.

I will loose internet in seconds. I am in a large cloud.

I am putting this BVA decision here, so not to loose it...as it could have some relevance to your older denial:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files7/1453495.txt

[broncovet]

Dodge

    I would humbly ask you to start a new topic with your question where more people will read and respond.  Some poeple simply wont read and others wont answer a "hijacked" post.  A hijacked post is where you ask a question on your claim in someone elses post.  Its confusing whether someone is answering your question or the OP.  

    It also helps other Vets who may have a similar question..its too hard to find buried in someone elses post.  

   Of course, its not hijacking a post when someone asks the original poster a question, such as "What did your RO decision state, in the denial?"  You are staying on the topic raised by the OP, and you are trying to answer his or her question.  

   But when you start asking questions relative to your own claim, then you should begin a new topic.    Its perfectly fine to say..."Oh, yea, when that happened to me...I did xxyy, but I still dont know how to get all that documented."  

Edited May 3, 2016 by broncovet

[ADodge]

Broncovet I will post it under a new topic. Sorry you are absolutely right about it being seen.  Thanks for the advice.  And Berta I will scan and post what you suggested.  Thank you.  I'm just not sure about how to link the previous post so hopefully you will see it. Again Thank you so much for responding and also for that link.  I hadn't seen that Appeal and I have been reviewing appeal that I find with something simular to mine.  

 

Aileen