Supplemental Claim Approved- HLR for Effective Date?

[Willy P]

Good Afternoon Team,

Short back story/timeline:

• Left Active Duty: August 2015
• Diagnosed with Sleep Apnea February 2016 (6 months later)
• Submitted claim in May 2016 with my evidence: 
  • Sleep study
  • DBQ
  • In service complaint of snoring exerpt from my medical record
  • Favorable C&P Exam opinion (at least as likely as not...)
• VA Denied my claim in August 2016
• I did nothing because I didn't think I could come up with any other evidence

Fast forward to last year.....

I scratched some pennies together and paid for an IMO, then submitted the letter via a supplemental claim.  I was awarded SC for sleep apnea at 50% within a month of the VA receiving my claim.  Success!  Here is the link to that process in the research forum: 

 

So here is my line of thought...

Can I use HLR to fight for an earlier effective date, or do I have to use CUE?  I mean, the VA had everything it needed to make the proper rating the first time (In-service event, nexus from the C&P doc, current diagnosis...).  I have a hard time with the fact that I had to pay an outside doctor just to agree with the C&P exam doctor.  Why would the rater place his/her opinion over the VA's own doctor?  Shouldn't the benefit of the doubt have gone to me?  From what I understand, I can't CUE the benefit of the doubt anyway.

Since I am within the appeals period of the supplemental claim, I'm thinking the easiest path may be to request HLR in order to ask them to CUE themselves on the 2016 decision.  Is that possible?  I'm just trying to avoid CUE if I can, since it's mainly a "last resort" type of measure.

[Willy P]

Update 7/8.

Money is in the bank!  Success!

[broncovet]

Congratulations!!!  Did you file an SCL??

[Willy P]

On 7/11/2020 at 9:04 PM, broncovet said:

Congratulations!!!  Did you file an SCL??

2016- Initial Compensation Claim (denied)

Dec 2019- Supplemental Claim adding IMO- Approved

February 2020- Higher Level Review for effective date- Approved.

 

I received the letter on Friday.  The senior rater claimed that the VA made a CUE in the 2016 decision.  This is exactly what I was hoping for.

[Berta]

Yippee and that is exactly what the HRL people are supposed to do- to seek CUE.!!!!

I believe every decision a vet or survivor gets ,should be sought for CUE- even award letters.

And as M21-1MR says, CUE can be raised in the appellate period by the VA and/or the claimant.

Kanenut posted the M21-1 MR link and I did as well... searchable here.

[Berta]

PS, do not expect any VSO, vet rep, accredited agent, or even a vet lawyer to go over your decisions to see if CUE occurred on VA's part.

Some will probably find one, if a CUE exists in the decision, but the regulations are here and any claimant should read over their decisions, awards, or denials.I think every CUE I personally filed was on award letters.

I was denied many times, over the years but succeeded anyhow with  awards, but the awards contained CUE to my detriment.