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Finally received my C file.

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Wanderer

Question

I've been awarded 100% via TDIU (70% bipolar & 30% asthma) and I seek back pay to 1997 when I submitted my first claim for bipolar disorder.

In my C file the C&P examiner states he found and lists symptoms of my mental disorder in a 1983 inpatient report of when I was hospitalized for two weeks in a psychiatric ward. Is that sufficient for a CUE claim for the start date of my disability pay?

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5 hours ago, Wanderer said:

I suppose reading the 1997 denial decision letter would also be helpful, unless that's what you mean.

(PS how do I get emailed when there is a forum reply?)

Wanderer,

Go to the top of the page and click on your screen name then go to settings  then go to notification settings a scroll  on down  you will see this

(Let this browser alert me when I receive a notification) ...click the little box

and it will check it and you will received notifications. from post you want   but its not an email.

you can also follow a post  if you want to know what's happening in that post ect,,,,ect,,,

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17 hours ago, Wanderer said:

I suppose reading the 1997 denial decision letter would also be helpful, unless that's what you mean.

Yes, the decisions that granted you the 70% service-connection compared to the decision that denied your claim for bipolar disorder or any mental health disorder.

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One point- a CUE can also be filed WITHIN the appellate period. Most of my personal CUEs were filed that way-and the CUE I prepared for my daughter- a CUE and a NOD in it-I raised the CUE issue first  and they reversed in 2 weeks.No need for a NOD.

We have the M21-1MR regulation change to that aspect of CUE.Kanenut posted it.

If we can see the 1997 decision, attached here , we can determine if there is a CUE in it.

But it does sound like a potential  38 CFR 3.156 claim as well...

Please cover your C file # and name prior to scanning it.

 

Edited by Berta
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On 12/2/2020 at 5:13 PM, Buck52 said:

Wanderer,

Go to the top of the page and click on your screen name then go to settings

Thank you very much.

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On 12/3/2020 at 12:20 PM, Berta said:

 

Please cover your C file # and name prior to scanning it.

 

Thank you I will. I'll be able to get to it soon, this week probably.

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