Reopened Previously Denied PTSD due to MST claim

[Healingfor777]

Has anyone been successful in receiving retroactive back pay in a granted PTSD claim due to MST that was previously denied prior to 2011 based on the VA requesting you to resubmit your claim for re-evaluation due to almost half of the MST claims submitted prior to 2011 being denied in error?  If so, is that a CUE type of claim?  I also didn't complete the appeals process.  I filed a NOD, but didn't fight through the appeals process.  I refiled when a VSO told me of the changes to the law and VA OIG report.

Edited July 21, 2019 by Healingfor777

[Berta]

I think I just answered some of this in another topic here-

Many veterans have won more retro based on filing CUE claims.

Even widows like me have had successful CUEs.

However, we need to see the decisions,as I mentioned ,in your other post.

Also we have MST vets here, male and female, and one had a very long ordeal with VA, but he did succeed.

[broncovet]

As Berta said, the best advice would be after reading your file..including both decisions..

While Berta has done a fantastic job winning Cue claims, most of the rest of us are not as skilled as she is in finding and filing valid cue claims.  

Just because Tiger Woods can get away with a 7 iron, does not mean its the best for you if you have a lower skill set than him.  You may be better off with a 9 iron.  

Remember, you can file a cue at any time, but you always give up benefit of the doubt  (BOD) with CUE, no matter when you file it.  

I "hang on" to my BOD for dear life, because many many claimants get their benefits and, in the reasons and bases, it says something like the claim is in equipose and the Vet gets BOD.  You see those in both VARO and BVA cases.  (Equipose, BOD, etc).  

So, if you filed a 3.156b (this assumes your most recent decision is within a year) then you get to keep BOD.  

But if you file a cue, you hand over your BOD to VA.  

You can always file a cue, but appeals and 3.156 b need to be done within a year.  

Exception:  3.156c can be done anytime if your service records were lost then found again.  

For the reasons above, if I have a good alternative to Cue, I take that path.  Only if cue is the only way to get the effective date I want do I consider a cue.  

You need to understand that cue is all about effective dates..it wont get you benefits to which you are not entilted because Va forgot to dot an i, or if they forgot to do DTA.  

Failure of va to do DTA is not cue.  The error must be outcome determinative.