Unadjudicated claim noted in new claim's denial, CUE?

[mrstephens11]

I was admin separated from the Corps because of bilateral petal femoral pain syndrome.  I filed a claim with in one year of my discharge.  The VA sat on it for almost a decade, until I submitted another claim, asked about the first one and filed for the exact same issues as the old claim.  The only mention of this claim has been in my awards/denial letter.  In the awards sections I was told that my effective date was the date of my discharge due to an unadjudicated claim that I submitted with in one year of my discharge.

My question about the CUE is that if they are working with that unadjudicated claim that was submitted with in one year of my discharge, isn't everything that I claimed supposed to be presumed to be service connected?  I was active for 2.5 years and honorable discharged, I meet all of the in service requirements that I know of.

So what do you think, do I have a CUE since they never adjudicated the claim that was within one year of my discharge?  The only thing that I think is going to hurt me is that the unadjudicated claim still isn't in my ebenefits site or c-file, so they might say that my claim date was the date I filed the new claim.  Which is funny because they mention the old claim as the reason for my effective date being my discharge date.  I still have the old claim and reference number they gave me.

I'm at 80%.  I count this as a win, but I still want to push forward.  It's been a long fight and I'm not ready to give up.  The items I was denied for should bump me to 90%.

Thank you for your help,

Stephens

 

EDIT:  Can someone move this to the CUE section?  Sorry, I didn't realize I was posting in the wrong section.

Edited October 18, 2017 by mrstephens11
Asking to move post to the CUE section.

[saxman]

Quote

 

 

mrstephens 11, I agree with brocvet because I have the same situation. when I was discharged from active duty I applied for two conditions but was only award for one. The other one they never adjudicated until I applied again for the same condition 20 years later and was awarded for it.  Now, the main thing is to get awarded for the unajudicated  condition and awarded benefits. that's the first step, now you do a NOD for EED back to when you first applied ( 20 years ago for me ).  of course the local regional office is going to deny because you're talking 10's of thousands of $$$ in my situation.  My claim is at the BVA and has just been placed on their docket.

Good luck!  

[Michael Gonzales]

Hello, I've been looking for a correct approach to resolve what I know is a solid claim. APril 2000 I was discharged and awarded 1 condition denied second condition. However, claim was " well grounded" and finalized within 1 year of VCAA November 2000, moreover, claim was never re-adjucicated  and is considered unadjuicated.  Can I " new and material effective date of all service conditions currently I'm awarded for since they all are manifested in service. For earliest effective date and can i add new conditions since claim is pending

[Berta]

Do I understand this right--- they gave you SC "0"? and not NSC "0" on th denied items?

Are you able to scan and attach here the CUEs your VSO wrote?

And also can you scan and attach the decision they cued- that includes any rating sheet and evidence list?

Cover your C file #, name, etc prior to scanning it.

To new member Michael Gonzales- it helps to open a new thread so your question does not get lost in this thread-

You said:

"Hello, I've been looking for a correct approach to resolve what I know is a solid claim. APril 2000 I was discharged and awarded 1 condition denied second condition. However, claim was " well grounded" and finalized within 1 year of VCAA November 2000, moreover, claim was never re-adjucicated  and is considered unadjuicated." 

Why do you say it was never adjudicated? A denial means they did adjudicate it.

"Can I " new and material effective date of all service conditions currently I'm awarded for since they all are manifested in service. For earliest effective date and can i add new conditions since claim is pending"

When was the first time you claimed those other service connected conditions?

What I mean is the VA cannot award a better EED for any claim that they have no record of.

For example- vets with PTSD from the Vietnam war get their PTSD eed back to the date they filed the specific claim.I worked at a vet center and was voted into the PTSD Rap group- my whole life changed 1983.

One vet insisted the VA should have paid him back to his Vietnam dates, that is when his stressors occurred.Then all the other Vietnam vets agreed until the team leader told them of the regulations that prohibit that.The fact is they all had PTSD when they left Vietnam. But they only claimed it when VA started to recognize it.

Maybe I am not understanding your question- others will chime in.