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CUE

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Jangs1963

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So I already have a CUE in the hands of the VA for one issue, I just would like to ask another question. If I was awarded 0% for an illness/disease say 2000 and never filed a NOD or appeal and it became final; then requested an increase in 2016 for that and was awarded 10%, after a C&P, can I file a CUE for the 0% in 1999 for failure to assist? I was not given a C&P in 1999 when I initially filed. The dates on the 2000 decision indicated only 2 dates the RO pointed to the illness/disease in my record. When in fact my record shows 4 dates. It does not look as though he pointed to the week of hospitalization. Granted, 2 dates were when I was in the reserve unit. But still at the time was considered on active duty for annual training and AIT. They only considered my active duty dates in 1986. Could this be CUE?

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You filed a CUE and asking if it is a CUE?  You went with the nuke option, instead of just filing a NOD with new medical evidence. No it is off the first time you originally filed. 

Not sure why so many want to go with a CUE every time? You're basically doing more harm to yourself and having the Red Alert sirens go off at the VA. Why are you so hell bent on pressing that nuke button? You have not exhausted all options according to 38 CFR.

In the simplest terms for all laymen to understand is this. Your facet leaks and instead of replacing it with a new one or adding dupont tape to the thread of the sprout, you bulldozed down the entire house, and you still have the leak!!

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I think you may have misunderstood. If I was awarded 0% and should have been awarded 10% according to VA regulation in effect at the time, and the time for nod and appeal have long passed, can I request an earlier effective date of the award?

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