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Guest rickb54

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Is it worth checking the '86 38 CFR regs to see if you can allege a CUE?

Probably an exercise in futility, but might not be.

Ralph

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Maybe this shouldn't be posted here, because I did not win my De Novo concerning hearing loss, and Tinnitus claim. I was looking for an earlier effective date back to my retirement in June 86 because that is when I filed the first claim for these problems, I filed two claims since then and on the third claim I was finally awarded service connect at 0% for hearing and 10% for tinnitus. I also was trying to preserve my dates in hopes that the va would be awarding 10% for each ear that has tinnitus.

When the courts decided not to review the tinnitus case I knew then that I was not going to win that part of the claim. I suspected that I would not get an earlier effective date just becaue the VA has a history of denying such claims.

The reason for the denial was that I did not appeal the first denial in 1986, so I am not entitled to an earlier effective date even though I was finally awarded service connection in Oct 2005.

I think that if I had requested independant medical opinions in 1986 I would have won the claims back then.

I sincerly hope that veterans take my loss and use it as a reminder to request an independant medical opinion even if you don't think you need one. I have seen a lot a claims come back approved on second and third attempts, and the only difference is the veteran finally received an independant medical opinion.

I am not going to continue this appeal because I do not think I can win,and even if I did win it will not put addition funds in my pocket, because of the 0% and 10% ratings. I initally persued it more as a matter of principle than anything else...

Chocking this one up to experience.

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