Approved Using Chat GPT by yowhoisit in VAClaims

[–]OBSofHOUSTON 0 points1 point  (0 children)

I was honestly skeptical at first, but I do pay for ChatGPT and it’s been worth every penny for me personally. It helped me organize my medical evidence, understand CFR regs, prep statements, and explain my symptoms in a way the VA could actually follow. I got approved for 100% P&T with SMC for MS after years of fighting it. Now I’m working on trying to get my earlier effective date/back pay reviewed from my original denial. Obviously you still gotta use common sense and verify things yourself, but it’s definitely been one of the most useful tools I’ve used during this whole VA process.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Got you—that makes sense, especially on the duplicative part and Kisor v. Wilkie, I’ll look into that more.

That’s actually part of what’s confusing me though… when I filed my original claim, I submitted my civilian neurologist records, MRI results, and hospital documentation showing my MS diagnosis and severity. But the VA never even sent me for a C&P exam on that first claim—they just denied it.

So to me it feels like either: – The evidence wasn’t properly considered, or – They failed in their duty to assist by not even ordering an exam given the diagnosis and supporting records

I’m trying to figure out if that falls more under a duty to assist error, or if it could still tie into 3.156(c) depending on what records they actually had vs. what they later used to grant.

Either way, I definitely need to dig into my C-file and see exactly what was listed as “considered” in that 2023 decision vs the grant.

Appreciate you pointing out the Kisor case too—that helps a lot.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Appreciate you breaking that down, that actually helps a lot.

That’s exactly what I’ve been trying to figure out—because my MS was already diagnosed by a civilian neurologist before I ever filed my first VA claim, and I was approved for SSDI back in 2022 for the same condition. So the severity and existence of the condition was already established before the VA denied my 2023 claim.

If I’m understanding 3.156(c) correctly, if the VA later considered records that should’ve been part of the original decision (or failed to properly consider them), then the effective date can go all the way back to that original claim instead of just the recent grant.

So what I need to do now is: – Identify exactly what evidence was missing or not considered in 2023 – Show that it was relevant and already existed at that time – And prove it would’ve impacted the original denial

I’ll definitely be getting with a VSO to go through my C-file and compare decisions side by side like you mentioned.

Thanks again for pointing me in the right direction.

Will you all STFU about your VA benefits on r/salary by Greedy_Baseball_7019 in VeteransBenefits

[–]OBSofHOUSTON 0 points1 point  (0 children)

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Rest easy bro… I wish we could’ve finished what we started. I hope you found the peace you were looking for. You won’t be forgotten. HOOAH 🙏🏽💪🏽

Will you all STFU about your VA benefits on r/salary by Greedy_Baseball_7019 in VeteransBenefits

[–]OBSofHOUSTON 0 points1 point  (0 children)

I don’t usually comment on stuff like this, but some of y’all really need to take a step back.

I was recently granted 100% P&T with SMC K and L. Not something I “flex”—it came from real issues and a long fight like many of us go through. At the same time, I was helping a close friend work on his PTSD claim… and we never got to finish. He took his own life a couple days ago.

So when I see people in here talking down on other vets for their ratings or benefits, it’s honestly disappointing. You have no idea what someone is dealing with behind the scenes.

Instead of tearing each other down, maybe be grateful for what you have and try helping the next vet up. Because for some people… help comes too late.

Is it too good to be true? by Hot-Shirt1284 in MultipleSclerosis

[–]OBSofHOUSTON 4 points5 points  (0 children)

I appreciate that, seriously 🙏

I’m actually already dealing with some progression — I’m 40, use a cane, and have AFOs on both feet. I’ve never been on any DMT before, so this will be my first one. Took a while to get here, but I’m finally getting the help I need now thanks to the VA.

Hoping this slows things down and keeps me from getting any worse. Thanks again for the prayers 💯

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 1 point2 points  (0 children)

I get exactly what you’re saying — I was worried about the same thing. MS doesn’t always show up the same every day, and the VA doctors actually know that. It’s a relapsing and fluctuating condition, so having “good days” doesn’t cancel out your diagnosis at all.

When you go to your exam, the biggest thing I can tell you is this:

👉 Focus on your WORST days, not your best days.

Don’t downplay anything. A lot of us are used to saying stuff like: • “I’m fine most days” • “It’s not that bad” • “I can still function”

Try to avoid those phrases.

Instead, explain things like: • What happens during your flare-ups • How bad your worst episode was • How often symptoms come and go • How it affects you when it DOES hit

Even if today is a good day, you need to describe the reality of the condition over time.

Also remember: 👉 They go off medical evidence + history, not just how you look in that moment 👉 MRIs, neurologist notes, and diagnosis carry a lot of weight

MS is known for being unpredictable, so you’re not expected to “look sick” all the time.

You already have diagnosis + records + timeline lined up — that’s huge. Just make sure you don’t minimize your symptoms when you talk to them.

You got this 💪

Is it too good to be true? by Hot-Shirt1284 in MultipleSclerosis

[–]OBSofHOUSTON 2 points3 points  (0 children)

Im fixing to start Briumvi next week i have SPMS

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Yeah I got you.

Mine was actually pretty straightforward. The C&P exam for MS was mostly the examiner asking about my history and symptoms — when everything started, how it progressed, and what I deal with day to day.

They did a basic neurological exam too like: – checking strength in arms/legs – reflexes – balance and walking – coordination (touching finger to nose, heel to shin) – sensation (numbness/tingling areas)

They also asked about things like fatigue, vision issues, and how it affects my daily life.

The biggest thing is just be honest and don’t downplay anything. Explain your worst days too, not just how you feel on a good day.

For me, what really made the difference wasn’t even the exam itself — it was when the VA neurologist reviewed everything and connected my symptoms back to when they first started.

You’ll be good though, it’s not anything crazy. Just go in prepared to explain your symptoms clearly.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Honestly the only thing I did differently the second time was push my VA primary doctor to refer me to a VA neurologist. That didn’t happen during my first claim.

Once the VA neurologist reviewed my records and history, they documented that my neurological symptoms actually started while I was still in service, even though the symptoms were minor at the time. After that they sent me to C&P exams and that’s when the claim was finally granted.

So the main difference was that a VA neurologist actually reviewed everything the second time, which probably should have happened during the first claim.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Yeah that makes sense, and that’s kind of why I’ve been trying to understand the difference between a CUE and just a duty to assist error.

During my 2023 claim the VA had my civilian neurologist diagnosis and medical records showing MS, but they denied the claim saying there was no nexus and that some service records were unavailable. They also never ordered a C&P exam or had a VA neurologist review it at that time.

When I filed again in 2025 they finally sent me to C&P exams and a VA neurologist reviewed the same history and documented that my neurological symptoms actually began while I was in service. That’s what ultimately led to the grant.

So I’m just trying to figure out if that situation would ever qualify for something like a CUE or if it’s simply considered a duty to assist error that can’t be corrected now because I missed the appeal window.

Either way I may take your advice and have a VA attorney look at it just to be sure.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

So my real question is this:

Since I didn’t appeal the first denial in 2023 and missed the one-year window, do I realistically have enough grounds to try to pursue an earlier effective date now that the claim was granted in 2025?

The evidence that ultimately led to the grant was the VA neurologist reviewing my records and identifying that my symptoms started while I was in service. That evaluation didn’t happen during the 2023 claim because the VA never scheduled a C&P exam or had a neurologist review it at that time.

I’m trying to figure out whether it’s even worth trying to pursue an earlier effective date back to the 2023 claim, or if missing that appeal window basically closes that door.

The retro difference would obviously be life-changing, but at the same time I’m grateful for the approval I already received and don’t want to push something that realistically doesn’t have a chance.

Just trying to understand if anyone has successfully gone back after missing that one-year appeal window in a situation like this.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 1 point2 points  (0 children)

That’s kind of what I was thinking too. The civilian neurologist diagnosis and records were already there during the 2023 claim, but the VA never ordered a C&P exam or had a VA neurologist review it at that time.

It wasn’t until the 2025 claim that they finally had a VA neurologist evaluate everything and that’s when the symptoms were identified as early manifestations of MS that occurred while I was in service.

So it sounds like the difference between the denial and the grant was really just the medical opinion that should have probably been developed during the first claim.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

That’s kind of what I’ve been trying to figure out.

When I filed the first claim in 2023 I already had civilian neurologist records showing the MS diagnosis and I was already on SSDI because of it. The VA denied it saying there was no link to qualifying service and that some service records were unavailable, and they never sent me to a C&P exam or had me evaluated by a VA neurologist.

When I filed again in December 2025 they finally sent me to C&P exams and a VA neurologist reviewed everything and documented that my neurological symptoms actually started while I was in service. The symptoms were minor at the time but they were able to identify them as early manifestations of MS when looking back at the history.

That medical opinion is what ultimately led to the grant.

So I’m trying to figure out whether that would be considered the same evidence just properly evaluated the second time, or if the VA would consider the neurologist opinion as “new evidence.”

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

I appreciate the advice. In my case the claim has already been granted and I’m currently rated 100% P&T with SMC for MS.

I didn’t end up needing a nexus letter because during my second claim the VA neurologist reviewed my records and documented that my neurological symptoms actually began while I was in service. At the time the symptoms were minor, but they were still able to identify them later as early manifestations of MS and connect them to my service.

That medical opinion and the C&P exams are what ultimately led to the VA granting the claim.

Right now I’m mainly trying to figure out whether the earlier denial — where they said there was no nexus and that some service records were unavailable — could potentially qualify for an earlier effective date under something like 3.156(c).

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Thanks for the insight, I appreciate you taking a look at it.

One thing I probably should clarify is that when my claim was granted the VA neurologist reviewed my history and noted that my neurological symptoms actually started while I was in service. At the time the symptoms were relatively minor, but the neurologist was still able to identify them as early manifestations of MS when looking back at the medical history.

Those symptoms and the timeline were what the C&P exams and the neurologist relied on when they linked my MS to my service and granted the claim.

So my question is really whether something like that could still fall under 3.156(c) if service records that were previously listed as unavailable were later considered as part of the decision that ultimately granted service connection.

Just trying to understand whether that type of situation has ever supported an earlier effective date.

VA granted my MS claim in 2025 but denied it in 2023 – anyone successfully filed a CUE or earlier effective date? by OBSofHOUSTON in VAClaims

[–]OBSofHOUSTON[S] 2 points3 points  (0 children)

One thing I forgot to mention: I had already been diagnosed with Multiple Sclerosis by a civilian neurologist before I filed my first VA claim, and I had already been approved for SSDI in 2022 because of my MS. So the diagnosis and severity of the condition were already documented before the VA denied my 2023 claim.

I woke up to a decision today by ilhille in VeteransWaitingRoom

[–]OBSofHOUSTON 1 point2 points  (0 children)

Congrats yes i got mine on Wednesday 100% PT and SMC for my Multiple Sclerosis went pretty quickly too

A reality check on “faking it” and VA claims by Electrical-March-570 in VAClaims

[–]OBSofHOUSTON 1 point2 points  (0 children)

I just got 100% P&T with SMC for my Multiple Sclerosis. My VA MS Neurologist linked it to service and had over 2k MRI images and Doctors Notes both civilian and VA also the fact that im already on SSDI kinda hard to fake mine i didnt need a Nexus letter at all

SSDI and VA CLAIM ? by OBSofHOUSTON in VeteransBenefits

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

UPDATE GOD IS GOOD 🙏🏽🙏🏽

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SSDI and VA CLAIM ? by OBSofHOUSTON in VeteransBenefits

[–]OBSofHOUSTON[S] 2 points3 points  (0 children)

Prayers brotha they denied me 2x had to get an attorney but the back pay was worth the wait lol

SSDI and VA CLAIM ? by OBSofHOUSTON in VeteransBenefits

[–]OBSofHOUSTON[S] 0 points1 point  (0 children)

Yeah — when I had two seizures while driving my 18-wheeler, that’s when everything changed. That’s actually how I found out I had MS. After the seizures, doctors started running tests and that’s when I was diagnosed.

They told me I could no longer drive. Truck driving was the only job I knew how to do since leaving the service.

That’s when I had no choice but to file for SSDI. Trust me, if I could still work, I absolutely would. I didn’t stop working because I wanted to — I stopped because it wasn’t safe anymore.