Non Service connected 0% rating on initial claim at separation

[ROMAD]

When I discharged from active duty. I claimed shoulder pain in my 1st claim. The C&P Examiner stated I had arthralgia both shoulder on the exam. The rating decision said I was not service connected for shoulder pain. My question is if you have an examiner say you have bilateral arthralgia at 0% within 1 year of separating should that be service connected at 0%? Is this a CUE item or would I have to have a current diagnosis higher than 10% 

[GBArmy]

ROMAD 38cfr4.71 is what you have to navigate thru. Orthopedic conditions change over time, sometime for the good and  often they get worse. This happened 30 years ago. Do you have symptoms now, or have they improved so that you would not be rated now? Are you rated currently at 0%? Are you looking to get a comp rating for your current condition, or trying to eval your possibilities for a CUE only.? The exam showed you had arthralgia in both shoulders, but nothing indicates the severity of your conditions back then. You have to look at the law/regulations back in 1995 to understand that the minimum rating of 10% disability had the criteria for pain or whatever. One year look back may not have been in affect back then for instance. If there is no evidence in your med records for the minimum level, say pain, then the VA would argue that yes, you have the disability, but there is nothing to show what level it should be rated at, they only would give you the 0% at best anyway if it were s-c. If your first exam said not service-connected, you had a year to appeal the original decision. Now you have to supplement appeal with new evidence to get in connected. You might work on getting it s-c now if you have current symptoms, and look back after on any CUE potential, as there isn't any time limitations for that process. I wouldn't think CUE is obtainable, but we don't have much to go on from your posting, andI am not a lawyer either.

[Berta]

GBArmy is correct.

I assume they gave you a NSC "0"% - and did not service connect this disability.

CUE involves a legal error that manifested an altered outcome.....meaning if you could prove they were aware of at least a 10% potential rating for this disability,based on documented medical evidence in their possession at time of the decision, and they should have  service connected the Zero %, that would be basis for CUE.

I feel GBA is right on here to asvise you to file a new claim, if this disability has gotten worse and be prepared to prove that it has an inservice nexus ( a documented link to your service) .