Would this be a CUE claim?

[Mideis]

I filed some intents on Nov 30,2021. On Nov 29th 2022 I filed my claims. They were on 

Supplement claim for tbi

migraines secondary to tbi

Supplement claim for lumbar discs

Allergic rhinitis

My tbi claim was combined with ptsd for an overall rating of 70%. Migraines granted at 30%. RH sciatica 10% and allergic rhinitis 0

my overall combined rating is 90% effective Jan 5 2023

On January the 2nd I mailed out my award for fers disability which I received in July 2012. I was retired over my back which was rated 10% then. I also received ssdi dated back to July 2012 which was only claimed as my service connected disabilities.  I sent that as well as about 10 years of evidence from private doctors. A nexus and supported questionare and statement from my civilian doctor stating I was unable to work due to my service connected disabilities. 

in March I received a letter from the va stating they received my evidence on January 6 2023 and that I needed to make a new claim based on that evidence   But that claim from November was closed fast. Less than 3 weeks after I saw the c&p doctors

So my question is that, why didn’t the va use the evidence they received 1 day after the claim was closed ?  Would this be a cue claim or something else. It’s still a month out before I see the dav service officer 

[brokensoldier244th]

5 hours ago, pacmanx1 said:

I can follow your point but using a cheat sheet can cause more problems for the veteran. IMHO, what you posted was a cheat sheet that does not really explain the regulation, and, in my case, I filed a claim for an EED (Earlier Effective Date), the VA reopened my claim as a claim for increase in rating percentage where I did not file because I was already maxed out in my rating and denied my claim even after the DBQs IMO listed the VAMC medical records and the examiner's medical opinion that I was diagnosed and treated at the VAMC years before my claim was granted. Now my appeal waits at the BVA.

If you wanted something more specific you could have asked. I was answering Rattlers general question. 

[brokensoldier244th]

8 hours ago, Mideis said:

I was just curious about this, I’m sure the dav officer will tell me to file the appeal. He told me to bring in the award letter as well as the letter dated from March with the evidence.  Sucks being disabled, I’d trade it all to be healthy and have my career back

Yup, and if you want to you can print off prior decision letters at VA.gov under your claims status, too. That way perhaps they could identify some other claim that may have not been rated correctly, or if evidence was submitted but not listed as evidence in the decision letter.

[pacmanx1]

10 hours ago, brokensoldier244th said:

If you wanted something more specific you could have asked. I was answering Rattlers general question. 

Yes, you are correct. I took issue with your post because I just won my second 1998 effective date from the BVA and it was based on 38 CFR 3.156 and a medical opinion dated after February 2019. The regulation can go both ways. The VA/BVA denied my claim for over two decades and I used the exact same regulation to get the BVA to correctly rate and grant my appeal. The VA does not always consider the correct evidence and the correct regulation and veterans has to show the VA their errors. It is very important for veterans to get very familiar with the regulation that pertains to their particular disability or disabilities and their symptoms.  

[brokensoldier244th]

I agree, they don't. I have to get into the weeds with Quality raters sometimes to justify actions that I take on the claims that I work.

3.156 addresses evidence that was previously submitted but not considered due to VA error, or subsequent evidence that clearly shows that the contention should have been rated X from Y date instead of whatever they decided originally, and since you were appealing for an EED the general rules do not apply. In the abstract, most veterans that file a claim after a decision closes that isn't based on something like EED, or 1151 (VA malpractice), or some special OIG review, will fall under the rule that the effective date is the date of the new claim since it was not a continued appeal. 

We all kinda got off the subject of the OP, though- he was asking why evidence submitted after the decision wasn't considered as part of the prior claim. Who said LandNav was easy, right? 

[Rattler]

So what the VA did when I filed a suplemsatel claim dating back to 1982 - 1983 on Jan. 8 of this year was close the claim and send me a letter telling me they wanted me to use form 21-526EZ. To my knowledge that would have killed my 1982 - 1983 EED. I raside all kind of hell with the RO and the WH hotline. They contacted the RO and the RO agreed with me that I was using the right form. I submitted it 4 more times up to Jan 30th and they did the same thing. I than filed a higher level review over the form issue. They never responded to the HLR but processes the supplemental. They ratted me on my right shoulder but denied me on my right wrist because I did not go for there C & P Exam and the Rater wanted a DBQ in the wrist. The problem is that I waived all C & P Exams because I used my own doc to do an independent medical exam. He addresses both the right shoulder and right wrist in his 14 page IMO. I originally thought that the wrist was enclouded in the arm and shoulder DBQ. I went back to the DOC and he did an exam  and the wrist DBQ.  paxmanx1 and I have been PM each other about this. I would be interested in seeing what you think about this. 

I am going to file another supplemental with a 1 or 2 CUE's. I am debating on asking for a HLR with the phone call as it will go faster and that is how I got the EED on my PSTD. 

I will upload the Letter hear so you all can review it and see the wrist denial when I get a min to redact it. 

When I get a min I am going to open a thread on my PTSD and another CUE on the EED. The VA claimed my PTSD started in 1977 at the time I got out. 

[Rattler]

13 hours ago, Mideis said:

I was just curious about this, I’m sure the dav officer will tell me to file the appeal. He told me to bring in the award letter as well as the letter dated from March with the evidence.  Sucks being disabled, I’d trade it all to be healthy and have my career back

I don't know you DVA officer but most this is way above some of the stuff most VRO know how to do. You may have a good one and I may be wrong.