CUE for back & neck

[VanillaXtract]

I believe I may be eligible for a CUE based on the decision maker overlooked material facts of record or the decision maker failed to follow a procedural directive that involved a substantive rule (a rule that regulates a right). I originally applied for benefits in 2008. However, fresh out of the Navy and into a new job, I did not have time off I could take. So I missed my appointment. I tried to call and reschedule but could not find the information to do that. The claim was denied and closed. In 2017 I tried again as my pain was getting worse and starting to affect me on a daily basis. They stated I missed my appointment in 2008, so they did not reschedule me and my claim was denied. Fast forward to 2021. I filed again, this time I hired Dr. Bash to help since I was not able to get anywhere on my own and my VSO was not returning my calls or helping me. I was finally awarded 100%.  Is it possible to use this as a basis for a CUE because I should have been able to attend C&P exams back in 2017 to show my injuries? In my record, it shows I complained of back and neck pain as well as a severe car accident (one of the nexus events).

EDIT: I do not see a way to attach files to the post.

[VanillaXtract]

20 hours ago, broncovet said:

Here is the deal:

   Cue is an onerous standard difficult to meet the requirements.  

   However, a "regular appeal" (timely filed) means the Veteran keeps the "benefit of the doubt".  

   So, unless you want "practice" filing CUE, then take the short cut, the easy route of filing an appeal, instead of deliberately making it harder on yourself.  

   I always suggest filing an appeal when you are within the appeal period (1 year for VARO decisions)

    File it on the applicable form, dispute the effective date, and go for it.  I advise to file direct to BVA (board of Veterans appeals) and not to waste time with a "higher level review" at the Regional office. 

    If you have evidence to support your position, such as a denial letter for the same condition, by all means submit it.  

    It sounds like you were actually in service, this probably means you applied within a year of exit from service, and are entitled to a presumption.  

   So, you got an exam before you got in service.  Then, within a year of getting out, you have some sort of malady.  The presumption here is you got it in service AND your effective date should be the date of exit from service.  Here is the regulation:

 

Source:  https://www.law.cornell.edu/uscode/text/38/5110

    Its not unusual to get the wrong effective date.  

Thank you all for the help. It turns out my claim isn't closed yet as I have a deferred for PTSD and a throat injury still being worked. Once it is closed I will file the NOD. I wish I had found this website a long time ago. I already have received so much help with this question and reading through other posts. I'm going to show my support and sign up for a membership. Thank you again.

[Vync]

@VanillaXtractSometimes the VA can make issue decisions on items which are ready and then defer the other items which are still pending. Sometimes the VA does this automatically if it might take a while to wrap things up. However, it could be a case where they are all tied together and could take longer.