Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?

[Lena]

Do I have CUE

[broncovet]

We cant tell from that.  However, did you (or can you) appeal the 2018 decision, and dispute the effective date?  Cue is mostly about effective dates, which it sounds like your issue.  

Also, did you submit new and relevent evidence, and, if so when?  

[Lena]

I don’t know if I can dispute earlier effective date.  After my NOD was granted, I received retro back to 2013.  But I was wondering if I can dispute earlier effective date back to 1986 when I was first diagnosed with left foot disability in MEB report.

And no I didn’t submit new and material evidence with my NOD.

 

[broncovet]

Yes, you can appeal the effective date, provided that, the decision awarding benefits was within the past 12 months.  

Other than a timely appeal, your choices are:

1.  To do nothing, and you will net 0 retro.  

2.   To file a Cue, but we would need more information to know if that would succeed.  However,  I think you can make a good case for cue, when they deny then award the same benefit sought, if they used the same evidence.  

3.  However, a reopening due to 38 cfr 3.156 is possible, if you submitted new and relevant evidence.  

So, those are your choices:  Nothing, appeal, file CUE, reopen under 3.156.  And, you have choices of which appeal route, (HLR or supplemental)  hearing or no hearing, laywer or no lawyer.  

Of these choices, my recommendation (but it would be better if I read your file):

1.  File a Nod if possible (within a year of decision).

2.  If its past a year, then your choices are 3.156 (reopen), file a supplemental claim, or CUE.  

If this is possible, I suggest professional representation (a lawyer).  

[Lena]

Ever since I got my NOD award decision, I’ve been researching and researching on what to do next.  A friend of mine told me to come to this site.  I’m glad I did....thank you so much for giving me some suggestions on how to proceed.  I don’t know which way I’m going to proceed, but at least, I have better insight...again thank you for your PROMPT response!!!

 

[Lena]

Another Question:

If I decide to go CUE route(they denied original claim and granted same benefit sought using same evidence)...what law and regulation would I use? And also, if I won...how would that give me more retro? 

I have already received retro when they denied me on my original claim and won my NOD on that same claim

 

 

[GeekySquid]

On 9/26/2019 at 4:02 PM, Lena said:

 But I was wondering if I can dispute earlier effective date back to 1986 when I was first diagnosed with left foot disability in MEB report.

any retro pay can only go back to when you first filed the claim not the date in service that you got the diagnosis.

For example if you were diagnosed in 1986 but did no file until 2000, 2000 is the earliest date you could possibly get retro too. The one caveat is if you filed within a year of getting discharged. those veterans can get retro to the day after their discharge date. I am not sure when that rule was implemented but based on my reading of your post it may not apply to your situation.

23 hours ago, Lena said:

If I decide to go CUE route(they denied original claim and granted same benefit sought using same evidence)...what law and regulation would I use? And also, if I won...how would that give me more retro? 

I have already received retro when they denied me on my original claim and won my NOD on that same claim

We would need to see ALL your decision awards and denials and the DBQ;s.

Redact them and post.

if you chose not to post, then no one here can really give you an on-point answer.

The reason is that a CUE, unlike a NOD, must be based on documented fact that is unarguable by a reasonable person. That means that the actual words matter. Not your opinion of them. Not the line you think is important but the entire document you are trying to attack.

We humans like to read things to our liking, and that does not fly with a CUE.