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OldJoe

Confused (sort of) about DAV Unofficial Notification

Question

Got an unofficial notification from the DAV about my DRO appeal stating that they were giving me an earlier date for my tinnitus (that baffled me) and that they were granting me 40% for my back (degenerative arthritis).  My appeal was for secondary service connection for my knees, there was nothing about my knees in the "unofficial notification".

So I went to the closest regional off and was finally seen.  They looked up the "official" notification (SOC) from the VA and it stated nothing about my back but stated that they had denied me my secondary claim on my knees stating that the Dr couldn't find anything to connect my claim to either my back or the service (um, always thought knees went when back went, so secondary was almost a given, then again he did specialize in cardiology).

In someways I am not that surprised, but I am wondering about the "unofficial" notice both the "unofficial" and "official" where dated the same (July 5th) I cannot believe in a matter of a few moments the VA totally changed their decision.  So that has got me flummoxed.

What makes this unique is that if the 40% for my back was based on the one medical entry that they didn't use for my initial claim back in 95/96.  I was never able to get anybody to write me a nexus letter for this so I could "officially" reopen the case.  If the "unofficial" letter holds true and I am just waiting on other paperwork to be finalized then they have all but argued CUE and handed me a win without even trying (I know the VA will never give up that easily).  The entry stated scoliosis and that it was a recurring issue, their determination was based on an earlier entry and stated in black and white they could not find any other entries.  Can you say "gotchya"?

Getting a letter now for my knees should be easier since I have some indication that the VA does ("did") give some indication that they felt that my evidence did indicate connection to the service concerning my back.

Can anyone possibly clue me into what might be going on?  Did the DAV totally get it wrong?  Or, is this just part of the whole overall process and I am only seeing part of it?

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Still plan on getting that SOC posted (at least parts of it).  Love how life happens and gets busy when you could use a break.

Guess I am going to just knuckle down and make a few extra hours to squeeze this in.

 

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Some good(ish) news. 

Just got a deposit in checking for retro back to August 2015 (which means Actually calculated back to Sept?).

Unfortunately I don't know if this is it or if they are still processing it all the way back to 1995/96.  This includes vocational rehab (wish I had the receipts from all the way back then).

If this is it, then I guess this means I get to file the actual CUE paperwork.  The way I spelled it out in the DRO review by requesting retro all the way back (the DRO review has that fairy wand to fix it). 

Up until this point, I don't believe I could really call it a CUE without jumping through some extra hoops.  In part because I didn't know what a CUE was until after I had started this process.

Now, if I can find out if what they have paid is it, then I guess I get to take the kid gloves off.

Granting me 40% for my back now with the same evidence that was available back in 1995/96 without a nexus letter pretty much clinches it (that and what is in black and white from way back then in the original statement).

 

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You might have a 38 CFR 3.156 situation-

meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

o

 

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OK, just got off the line with DAV in St Louis.  Looks like what the VA gave me is all they want to fess up so far.

Now it looks like I take the next legal step in fighting this.

Anything I need to do before I can go and call a CUE a CUE?

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LOL, thanks Berta, we posted at the same time.

Just, scanned/skimmed the link...

ROTFLMAO, sounds almost exactly what has happened to me.  Can we write a better made for TV soap opera?

Will have to read through it thoroughly to be sure.

But it does seem (at first glance) to be an exact parallel of what I am going through.

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