Hello and thank you. Back in 2001 when I discharged I filed for several conditions and was awarded many of the ones I claimed. One I was turned down for was my overactive bladder which was diagnosed in the service and I was treated with medication. If I remember correctly the reason it was denied is because the VA said no evidence existed regarding that condition. I didn't contest it back then because of all the other stuff that did get granted. Long story short, I located a copy of my discharge physical on ebenefits and behold right there on the front page it said I had overactive bladder. I know the VA had that exam because they used it to grant the other conditions. So the question is, can I file 15 years later for a CUE since they had the evidence and didn't apply it? By the way, I still carry that diagnosis and still take medication provided by the VA so all records are current.
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2NDMARDIVDOC
Hello and thank you. Back in 2001 when I discharged I filed for several conditions and was awarded many of the ones I claimed. One I was turned down for was my overactive bladder which was diagnosed in the service and I was treated with medication. If I remember correctly the reason it was denied is because the VA said no evidence existed regarding that condition. I didn't contest it back then because of all the other stuff that did get granted. Long story short, I located a copy of my discharge physical on ebenefits and behold right there on the front page it said I had overactive bladder. I know the VA had that exam because they used it to grant the other conditions. So the question is, can I file 15 years later for a CUE since they had the evidence and didn't apply it? By the way, I still carry that diagnosis and still take medication provided by the VA so all records are current.
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Berta
I assume you did not re apply since, for this condition. If not, I suggest that you file for the condition,to obtain a SC rating and then refer to and enclose a CUE claim on the past denial...if,
Gastone
You need to concern yourself with the entire "Preponderance of Evidence" problem, a CUE Claim after this length of time, might be a stretch. You need to get the Medical Evidence supporting your DX to
paulcolrain
i agree totally. file the FDC then work backwards for EED BY USING CUE THOUGHTS.
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