Earlier effective date question

[2NDMARDIVDOC]

I'll try to keep this short. Just looking for opinions and info. I currently have a claim in the pending decision phase. My VSO filed it as a CUE / reopen. That is exactly the wording on the claim application. The claim is for a condition that was denied back in 02. I NEVER DISPUTED the denial until 2 months ago. I submitted both new evidence as well as evidence that existed back then which I am arguing they didn't look at. So here is my question. In the event the CUE is denied, yet the condition gets service connected, is there a way to request the VA retro pays back to 2001 when I originally filed for the condition? 

 

[Gastone]

How about posting a redacted copy of the Denial and the Evidence supporting your CUE?

I take it that you obtained a copy of your C-File, post 02 Decision and found that the Supporting Evidence was right there for the Rater to see, right?

When exactly did you realize the error?

Semper Fi
 

[2NDMARDIVDOC]

I will do my best to try to scan and upload the denial decision. It's not online so I cannot just copy and paste. I only have the hard copy. In a nut shell this is what I believe happened.... I claimed the condition that started in service and was dx by a Urologist. and I was put on continuous meds to control the issue. On my discharge physical the separation physical which was performed by a different Dr listed it as a medical problem but then in little letters next to the listed condition the Dr wrote "ncd" I had no idea what that meant, I though it was the Dr's initials or something. It wasn't until a couple months ago that it meant "not considered disabling" To the best of my recollection, I was never given a C&P exam on that condition. When I read the denial a little closer a few months ago the rater said the denial was because the "Dr. considers the condition to not be disabling"  Meaning the separation physical Dr which again was NOT the Dr. that dx me with the condition. The dx'ing Dr. was a urologist and the separation exam Dr. was just general practice. I believe the VA made an error by not affording me a C&P exam on a claimed, confirmed condition because of the "ncd" on the discharge physical. I have struggled with this issue since discharge and I am still taking meds for it. It had been well documented in my VA records through the years.

Edited January 27, 2017 by 2NDMARDIVDOC

[pwrslm]

If they didnt give a reason and basis for not accepting the Urologists diagnosis, and if it was in fact in your C File or should have been, then it should be a valid CUE.  They can not randomly pick and chose what MD that want, if they have opposing opinions, they must give the reason why they chose 1 over the other.

[2NDMARDIVDOC]

Thanks. The only issue pwrslm is that I submitted that claim the day I officially discharged. The Urologist never gave an "opinion" I just submitted his records. It was the discharging doctor (general  practice) that said it wasn't debilitating. Does that make a difference?

[pwrslm]

If the records gave a diagnosis, then it should be given the weight of an opinion, short any question about SC seeing how it was w/in 1 year of discharge.  The minimum rating they can give you is 0%, and if you didn't get that, you should have based on the statement you made that they said it wasn't debilitating.  You also have to look at the condition, and the ratings.  If it is listed with a disability percentage, they have to have a reason and basis to deny it, this is the key to the diagnosis.  If the urologist gave you a diagnosis that required a rating above 0%, then it is a valid CUE.  If they gave you 0% and made other errors, and the 0% rating was valid based on the diagnosis in your records (from the urologist), then there is no CUE. It has to be significant enough to have made a difference in the rating they gave or denied you.

 

Unless you can show that the mistake happened in 02, in your original claim, then your effective date would be the newer claim date. 

 

Edited January 27, 2017 by pwrslm

[2NDMARDIVDOC]

pwrslm,

  Thank you! I will try and scan the denial letter for your review. I do remember that the rater did in fact mention in the write up as well as the "evidenced used" the urology records from the Urologist stating dates etc.. They also noted the diagnostic tests I underwent. They also mentioned that my primary care tested me for all conditions that could explain a over active bladder and could not find a primary cause. Since no other cause could be found, I was given a dx of a primary over active bladder which was a ratable condition back then and still is. The only clear reason for denial according to the letter was that my discharge physical said it wasn't debilitating and therefore service connection was denied.