Jim,

I Have a Couple Of Questions. First You Guys Have A Great Web Site And It Is Very Informative .When I Got Out Of Service I Put In A Claim For A Scar Painful Scar I Got In The Service,But When IGot It Back It was Denied Because The Said That It Was'nt In My Medical Record.Well I Was Like What The ? So I Was Like I Know It's There,So I Got A Copy Of My Dental Chart And It Was In There .So I Refile My Claim And It Was CUE Involved And After I Submitted That Record They Gave Me A C&P Exam And They Gave Me A10% Rating. Now Since It Was CUE Involved I Thought That They Were Supposed To Go Back To The Orignal Date That I Filed The Claim.

Reply:

You're correct. If VA discovers their own CUE during your appeal, they should then award the claim with an effective date that is consistent with the date the claim was received. It sounds as if they have made your effective date retroactive to the date of their discovery of their CUE. In other words, they have CUE'd again.

You should now proceed to write the Regional Office a letter and point out to them that it appears that they have made an error with the effective date of your award. I urge that you write a letter and that you don't use the telephone, a fax or email. A certified letter with return receipt requested is the most effective way to communicate with your VA. Once you've sent the letter, be patient as they sort out the final dates of your award.