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Earlier effective date question

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2NDMARDIVDOC

Question

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? 

 

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  • HadIt.com Elder

I can read it good, I was just letting everyone know to click on it it and it will increase the size  so  we can read it.

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Ok, well the letter is about tinea pedis.  However, your bladder condtion may also have been missing in your service records.  

As I may have mentioned, "lawyer up".  VA has 500 lawyers waiting to take your appeal.  You need one on your side.  

Oh, and by the way, I "lawyered up".  And I first applied in 2002, and have about 10 years answering vets questions..thousands of them.  The EAJA recently sent my lawyer $6000, so that will mean I wont have to pay a dime UNLESS my lawyer gets more than 30,000 in retro.  

I will gladly pay 20% of any retro over 30,000.  I hope I have to buy my attorney a new yacht.  

Edited by broncovet
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1 hour ago, broncovet said:

Ok, well the letter is about tinea pedis.  However, your bladder condtion may also have been missing in your service records. 

I'm reading a portion of a letter having to do with overactive bladder, not seeing flat feet. What you looking at Bronco?

Denial sounds like total BS to me, total. Rater admits in service event, wrote MD suggested a F/U and rater even admitted it wasn't done.

No idea what a CUE is or how it applies to this

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