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Claiming secondaries while primary is in appeal


Mylife0220

Question

I recently joined the ramp for my ptsd and scars in May 2018. I previously filed appeal 2015 for my scars and 2016 for my ptsd . I was granted 100% 11/2018  on my ptsd.My scars never was answered . When I appealed my scars I had c&p in 2017 which I nevered received a SOC . So I didn’t think much about  it due to joining the ramp 5/2018. In 6/2018 i filed secondaries on my scars and infection I developed due to old appendectomy that caused serious infection. I did not know that I could not file on secondaries while primary is in appeal nor did the regional office notify me and say we are rescinding this claim. On Jan 23rd 2019 I had another exam of my scars. So I recently seen update on ebenefits showing the same as before with my scars 0 % from 2012 and 30% from my secondaries in 6/2018. I realize the DRO did nothing because the va granted 30% on secondaries which includes my infection and scars.  Can I claim CUE with the BVA. Please advise.

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If you are asking is it cue for the BVA not to inform you of stuff, no, that isnt cue.  

However, failure to receive a SOC "could be" cue.  

Its also not cue for the BVA to decline to adjuticate all your issues.  Yes, its a violation of 38 cfr 3.103, but the CAVC has ruled that a claim can be "deemed denied" in at least some circumstances.  

Since you have apparently been awarded this benefit, it sounds like you are seeking an EEd.  Cue is one way to get an eed, but it requires more from you, and is almost always not the easiest way.  Most Vet advocates only recommend CUE when nothing else will work.  (Examples:  file an appeal, reopen due to N and relevant evidece, etc).  

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