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

[Lena]

Do I have CUE

[Lena]

2 hours ago, GeekySquid said:

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.

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.

First off, let me just say thank you for answering my questions so promptly.

i just thought by me going through the MEB(Medical Evaluation Board) process in 1986 , that was considered an informal claim for my disability.  I was rated suitable for duty, but with a permanent disability rating on my left foot.  Anyway, thanks so much for explaining things.

 

[Oceanbound]

Have you considered using that retro to get a IME+O. With the zero information you gave us, you need to give us more. The zero information you gave us, you do not have a CUE. 

 

[BrendaAnderson]

Yes, do that.