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CUE or not?


Lena
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Question

I filed claim 2013...was denied...appealed to BVA....won with retro back to 2013.  My question is BVA also awarded me an additional disability that I have never claimed.  While looking through my service records, I noticed that I was diagnosed with that same disability the BVA awarded me.    Can I ask for an earlier effective date back to in service just because it was in my record and now the BVA has awarded me that disability.  Any help would be greatly appreciated.  Thanks in advance.

 

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We would need to know more to give a great answer.  

Did you apply with a year of exit from service?  If so, then, yes, you should get an effective date back to your date of discharge.  

Other than this and a few other exceptions, you cant get an effective date earlier than the date you first applied. 

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"BVA also awarded me an additional disability that I have never claimed."

"Can I ask for an earlier effective date back to in service just because it was in my record and now the BVA has awarded me that disability."

I suggest that you file the claim. Use the new forms that are here under a search.

But I also suggest that you get a copy of your C file to see if in fact you did file a claim for this, or that possibly VA inferred it, due to the BVA decision, but then never adjudicated it.

I found a decision at the BVA the other day ( and think I posted it here somewhere) whereby the BVA found an unadjudicated claim the veteran had filed long ago  and  with the claim the BVA awarded , the case was remanded for a valid claim that could bring MEGA  retro to the veteran.

I do not foresee the VA awarding a better EED on a claim that was not formally filed. But seeing what the BVA stated might help more.

Can you give us your BVA Docket and Citation numbers?

 

 

Edited by Berta
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On ‎2‎/‎22‎/‎2020 at 7:02 AM, Berta said:

"BVA also awarded me an additional disability that I have never claimed."

"Can I ask for an earlier effective date back to in service just because it was in my record and now the BVA has awarded me that disability."

I suggest that you file the claim. Use the new forms that are here under a search.

But I also suggest that you get a copy of your C file to see if in fact you did file a claim for this, or that possibly VA inferred it, due to the BVA decision, but then never adjudicated it.

I found a decision at the BVA the other day ( and think I posted it here somewhere) whereby the BVA found an unadjudicated claim the veteran had filed long ago  and  with the claim the BVA awarded , the case was remanded for a valid claim that could bring MEGA  retro to the veteran.

I do not foresee the VA awarding a better EED on a claim that was not formally filed. But seeing what the BVA stated might help more.

Can you give us your BVA Docket and Citation numbers?

 

 

First of all, thank you to all who answered my question, especially you, Berta( I've read you are the "best of the best").

Why do I have to file the claim, the BVA already approved me for the disability that I never claimed and they have already rated me 40%.  Also they have paid me back to 2013.

Also, through your advice, I reviewed my C-file, but the only thing I see is a MEB report on the disability that the BVA awarded me.  The more I looked through my C-file, I was sure that I filed for that disability when I got out of the service in 1993.  I filed the claim on paper and not online.  I don't believe they had an online process then, and if they did, I was not aware of it.  Anyway, I could not find any paperwork on the claim that I know I filed.  What can I do about that?

Thank you for your answer in advance.  You and all the others are so helpful to all of us Veterans.

 

 

 

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If you don't have any pending claims request a copy of your C-File on CD, sometimes when VA copies your C-File you'll get duplicate copies and missed copies of it.  Carefully read and re-read you rating decision for any clues that you had filed a claim.  Also look for informal/inferred claim in the decision.

Edited by pete992
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