Do I Appeal, NOD or CUE or just forget about

[bigbetty3id]

REDACTED Files:  I put a claim in for Asthma before I ETS from the Army got denied June 2004. Oct 2004 put claim for Asthma denied saying no diagnoses in STR for Asthma appealed it and I withdrew the appeal around 2005, 2006 with my VSO telling me to do so in order to get service connected for 2 other claims and I did not knowing he screwed me over. Fast forward got awarded for Asthma with COPD with Dyspnea Burn Pit Exsposure as of 2018. Is the effective date right in the uploads or should I appeal, NOD, or is it a Cue or just leave it alone. Any help will greatly appreciated.

[broncovet]

Appeal the effective date of asthma.  You could get compensation back to the original date you filed.  However, if your symptoms had increased, you may not necessarily get 30 percent back to 2004.  You see, the effective date is the later of the date of claim or "facts found".  If the doc indicated you had a recent worsening of symptoms, you could get less than 30 percent back to 2004.  You could appeal the disability percentage also, at the same time.  

[doc25]

1 hour ago, bigbetty3id said:

REDACTED Files:  I put a claim in for Asthma before I ETS from the Army got denied June 2004. Oct 2004 put claim for Asthma denied saying no diagnoses in STR for Asthma appealed it and I withdrew the appeal around 2005, 2006 with my VSO telling me to do so in order to get service connected for 2 other claims and I did not knowing he screwed me over. Fast forward got awarded for Asthma with COPD with Dyspnea Burn Pit Exsposure as of 2018. Is the effective date right in the uploads or should I appeal, NOD, or is it a Cue or just leave it alone. Any help will greatly appreciated.

It looks like you're going to receive a nice retropay back to 2015.

#1.You got the Asthma/ COPD issue service-connected, which is always awesome.

(Be advised if you've been having sleep issues pertaining to Obstructive Sleep Apnea? You may want to get a sleep study done. If in fact, the sleep study shows you have sleep apnea, be sure it says that a "medically necessary" CPAP or other breathing-assistance device is required in the sleep study impression or in the prescribing doctor's notes. You can claim OSA, as secondary to Asthma/COPD. Which will be rated seperately at 50%)

#2. If there is a CUE, you can appeal the effective date to 2004.

Congrats and best wishes if you decide to appeal. 

[bigbetty3id]

doc25 Is this what my neurologist did a DBQ for OSA secondary to my PTSD to submit for evidence to the VA.

[MrStryker]

On 1/2/2019 at 7:01 PM, bigbetty3id said:

doc25 Is this what my neurologist did a DBQ for OSA secondary to my PTSD to submit for evidence to the VA.

It list the symptoms but you still need the nexus.  It doesn't say it's at least or more likely than not connected to your service connected PTSD.  I think if that's all you're submitting it will get denied.