Is this a CUE

[Doc8482M8404]

I was reviewing my feet C&P exam and I was made and discharged 7/03/1991 with orthotics so I feel that that rating should’ve been effective date of discharge. The problem is I did not know that I was eligible for benefits until 2014 and that’s when I filed. 

Also I am service-connected for my lumbar,  on that same C&P exam it shows the CT exam I had bulging disc‘s L3 through S1 in service and then I had surgery in 1999 and that was the connecting factor to the service connection for the lumbar spine so I feel that that should’ve been service connected to date of back surgery if not date of discharge because the condition already existed.  

[broncovet]

It would take a thorough review of your file to know for sure, but, based on what you posted, probably not. 

If you did not apply for benefits until 2014, the earliest date you can get is the date you apply, with a few exceptions.  

However, there are many possible CUE's, so your best bet is to take your cfile to an attorney, and have him look it over to see if he thinks there is a CUE.  The retro potential from 1991 to 2014 is hundreds of thousands of dollars, if you are rated 100 percent.  Berta may chime in, but she will likely want to see a copy of this exam and any ro decisions you had.  

If you have been awarded benefits in the past year, a better way is to appeal, rather than file a cue.  You can appeal the effective date, disability percentage or denial of service connection.  

Chris Attig recently won a case where they failed to consider him for ptsd:

https://www.attigsteel.com/cases/bva-decision-major-depressive-disorder/

[Berta]

I agree= I don't see any CUE potential here.

." The problem is I did not know that I was eligible for benefits until 2014 and that’s when I filed. "

That means there is no decision to base a CUE claim on.

1 hour ago, Doc8482M8404 said:

I had surgery in 1999 and that was the connecting factor to the service connection for the lumbar spine so I feel that that should’ve been service connected to date of back surgery if not date of discharge because the condition already existed.  

I see no CUE there as well.

Claims with retro that are awarded back to the date of discharge are those claims that have been filed witin one year after discharge date.

A CUE , meaning a legal error in a decision- whether award or denial-

rests on established evidence in VA's possession at time of the decision.

 

 

[Doc8482M8404]

Here’s a page out of the exam

[Vync]

Was the 3/7/91 treatment record from while being in the military or part of a C&P exam (for another disability)?

[Doc8482M8404]

It was part of Navy records.  I seen it the records other day the actual navy podiatrist that made  my orthotics in service  at Naval Hospital Okinawa Japan 

 

[Buck52]

 

What if the VA Never Issued a Decision on My Original Application?

If the VA failed to issue a decision on your original application for benefits, and you later file a new application, the effective date may be the date of your original application. This will be true, however, only if the medical evidence shows that your disability had arisen by the date of the first application. Also, you must be able to prove you applied for benefits earlier and there must not have been any communication from the VA that could have been perceived as a denial letter. Other legal matters must also be considered that require consultation with a Attorney. or Accredited VA Claims Agent.