Would this fly as a CUE Claim

[JKWilliamsSr]

In 2002 my back claim was denied by the VA.  The reason for the denial was that even though I was seen for back complaints (9 times)  There is no diagnosis of a chronic disability.  

Here is why I think this could very well be a CUE Claim.  The determination of no diagnosis of a chronic disability was may by someone unqualified (VARO or Reviewer) to make that determination.  There is no documentation from a single medical professional in relation to this claim concerning my medical history.   I have seen some case law on this such as Sokowski v. Derwinski that states "Remand was required of the veteran’s claim for service connection for actinic keratoses given that medical evidence contrary to the veteran’s medical evidence was lacking in the record and the BVA merely relied on its own unsubstantiated medical conclusions in denying the claim."  or Moore v. Derwinski that says "BVA may not reject medical evidence on the basis of its own unsubstantiated medical conclusions."

There actually is a good bit of case law on unsubstantiated medical opinions by the VA and I wondered is my situation could apply. 

[JKWilliamsSr]

The fight is almost over.  I got an email this morning from my attorney.  VBMS shows me as 100% P&T with an effective date of 9/16/2019 so that is a huge win for me.   The BVA granted most of my claims and remanded claims for my knees. I had the exam on Jan 6th.  Ebenefits has not been updated so I probably will not see anything there for the next few days since today is a holiday so the increase probably happened at some point near the end of last week.

The only thing left for me now is to appeal the EED.  

[pacmanx1]

Congratulations! 

[Berta]

GREAT News!!!!! Congrats and by all means appeal the EED if you feel it is wrong.