CUE Possibility?

[Jimmer]

Hi Everyone,  I have gained a wealth of information from your comments, and I do appreciated.   I have a interesting situation.  I filed for disability SC for my eyes within a year of getting out of the service in April 1970.  I was denied.  I applied again in May 1978, and was again denied.  I didn't do anything until 2006, when talking with a Veteran's advocate and explained my story, he felt I had a good case, and to apply.   I was denied , a couple of times until I received a BVA hearing, and I was then giving SC for my eyes. This was in 2014.  I felt I was "lowballed" with a 10% rating, until I was given a eye exam at the VA in March 2015, and my rating was increased to 60%.  In November 2015, the VA "CUED" themselves and increased my rating to 80%. I  am "legally blind" in the left eye, and my right eye isn't much better.  Here is the interesting part.  I never introduced new information, all of the information is contained in my SMR about what had happened.  The VA continued to maintained that I was released from the Marines, because my eyesight exceeded the requirements necessary to be in the military.  They cited that I wore glasses and was nearsighted.  I received two eye exams upon induction into the service, and no mention was made of my nearsightedness.   I also have a statement  that  the "pain below my left eye was shooting thru my left eye socket, to the back of my skull" , but the VA continued to take the position, that I had prior eye problems (not true ) before coming into the Marines.  The only thing I did in filing in 2007 was provide a "nexus" letter, of the information that was already in my file.SMR   I do feel that I should have a claim for back payment going to 1970, when I originally filed the claim.  I was young and ignorant then, and really didn't know my rights.  As I stated the information was and is in my SMR. visits to the doctor, being sent to Balboa Naval Hospital, etc.  Any input would be most welcomed.

[broncovet]

If you want to "begin" your effective date study, you can start with these 67 pages, published by NVLSP, tho some of this is not current and may have changed:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

[Jimmer]

broncovet, Thanks for the information.   I understand that the VA will fight me "tooth and nail" to award any monies going back to 1970.  I will take your suggestion and contact/hire a NOVA attorney.  Any attorneys that you or hadit would recommend?  I feel this might be too big of a situation for me to handle by myself, and the stakes are too high for me to make a mistake that effects the outcome.

[Jimmer]

buck52, thanks for the information.  I definitely appreciate it.   

[Jimmer]

pete992, Thanks for the information.  Actually my eye doctor wrote a letter saying the information in my SMR supported by injury, and that the VA needed to take a more extensive look at the information.  He cited a couple of things that I had told the doctors on base, and at the medical hospital