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 

[pacmanx1]

7 minutes ago, brokensoldier244th said:

You can, you just don't get the original filling date if you file the supplemental more than a year after the denial or rating. 

Can you please cite or give what regulation that support your statement? 

[brokensoldier244th]

[pacmanx1]

Thanks, still there is a little confusion in my head because I also was considering 38 U.S.C 5108 (A) 5108. Supplemental claims

(a)In General. If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall re-adjudicate the claim taking into consideration all of the evidence of record.

38 USC 5108 - Supplemental claims (govregs.com)

 

IMHO, I may be wrong, I don't think it is a catch all because the VA is requesting veterans to fill out supplemental claims based on CUE Claims and Claims Based on 38 CFR 3.156 which states that the VA has to consider all the evidence of record. There is also 38 CFR 3.2500 and 38 CFR 3.2501 which states: 

.2500 Review of decisions.

(a) Reviews available.

(1) Within one year from the date on which the agency of original jurisdiction issues a notice of a decision on a claim or issue as defined in § 3.151(c), except as otherwise provided in paragraphs (c), (e), and (f) of this section, a claimant may elect one of the following administrative review options by timely filing the appropriate form prescribed by the Secretary:

(i) A request for higher-level review under § 3.2601 or

(ii) An appeal to the Board under § 20.202 of this chapter.

*****(2) At any time after VA issues notice of a decision on an issue within a claim, a claimant may file a supplemental claim under § 3.2501.*****

eCFR :: 38 CFR 3.2500 -- Review of decisions.

3.2501 Supplemental claims.

Except as otherwise provided, a claimant or his or her authorized representative, if any, who disagrees with a prior VA decision may file a supplemental claim (see § 3.1(p)(2)) by submitting in writing or electronically a complete application (see § 3.160(a)) on a form prescribed by the Secretary any time after the agency of original jurisdiction issues notice of a decision, regardless of whether the claim is pending (see § 3.160(c)) or has become finally adjudicated (see § 3.160(d)). If new and relevant evidence is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record. If new and relevant evidence is not presented or secured, the agency of original jurisdiction will issue a decision finding that there was insufficient evidence to re-adjudicate the claim. In determining whether new and relevant evidence is presented or secured, VA will consider any VA treatment records reasonably identified by the claimant and any evidence received by VA after VA issued notice of a decision on the claim and while the evidentiary record was closed (see 3.103(c)).

*****(a) New and relevant evidence. The new and relevant standard will not impose a higher evidentiary threshold than the previous new and material evidence standard under § 3.156(a)*****

eCFR :: 38 CFR 3.2501 -- Supplemental claims.

 

Edited May 14, 2023 by pacmanx1

[brokensoldier244th]

They are all supplemental claims. The difference is in the recognition of the effective date. If you are alleging an EED or a CUE you are asking for that specifically and they have specific standards required, and specific things reviewed to determine if the effective date is correct.

If you just disagree with a decision, it's also a supplemental, but outside of a year after a decision the effective date is that of the newly filed supplemental not the original claim. 

[pacmanx1]

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.

[Mideis]

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