ArNG11, I work for a very small agency and there are no other positions that pay at my current rate. And even if there were, I couldn't perform them successfully. The Agency has admitted this. I heard that OPM is taking 10 months to complete disability retirement applications, I was hoping to hear that isn't true.
Berta, this was submitted as a fully developed claim. With the C&P examiners agreeing with my condition has during service I think once I'm officially rated for 7020, I would look at doing a CUE. What are your thoughts?
Here is some old pics off you-tube where I was station in Vietnam
Long Bien Post 1969
Commander was Gen William Westmorland
Actually it might be OK as it is....I went back to my 2004 heart disease CUE and basically all I stated was:
"This is a claim of Clear and Unmistakable Error under auspices of 38 USC 5109A
The veteran’s undiagnosed and untreated heart disease had been established in multiple VA medical records as well as at VA Office of General Counsel , for my FTCA case, and at VA Central Office and their findings were sent to the Buffalo VARO by me, via priority mail ,prior to this decision and were ignored.
The legal error to my detriment as the surviving spouse was that no rating or acknowledgement whatsoever for made on the 1998 rating sheet for Rod’s heart disease.,yet the award letter clearly states it was one of “multiple deviations from a usual standard of care and all of these deviations hastened the veteran’s death.”"
But they (Buffalo VARO) denied it right away so I rebutted with this: (I had filed a few months after the change date)---I sent them the exact excerpt from M21-1MR Part IV. Paragraph 309
This claim was due to CUE they had made in 1998, 4 years after my husband's death, but he had claims pending in his lifetime to include 1151 heart disease that I continued after his death.
I forgot all about this M21 statement below . It clearly says even if the condition was Not formally claimed,that any 'chronic disabilities found in the service records, "Even if they were not claimed", for consideration when they prepare the rating decision.
This might help you a lot to support the CUE you filed.As far as I know this has not been changed since 2004 but it pays to double check anything one uses from M21-1MR,which is googable and also I believe a link is here to a recent version.
"M21-1, Part VI March 19, 2004
Rescission: Changes 106 and 108.
a. General. Clearly state all issues of entitlement identified by the claimant, or those which can be reasonably inferred from the facts or circumstances of the claim. If there is more than one issue, list the issues by number. In RBA, the issues appear under the identifier “ISSUE.” In RBA 2000, the issues appear under the identifier “DECISION.”
b. Compensation Ratings. Consider all claimed disabilities in the rating decision. Also consider all chronic disabilities found in the service records even if they were not claimed. This is to be done on the original rating, or subsequently in cases where additional service medical records are received following an initial rating decision. Do not consider any of the following conditions unless specifically claimed:
(1) Acute and transitory disorders without residual disability;
(2) Noncompensable residual disability from venereal disease;
(3) Disabilities noted only on an induction examination, or disorders recorded by history only;
(4) Disabilities found by authorization not to have been incurred "in line of duty" (see pt. IV, par. 11.03); and
(5) Clinical findings such as cholesterol or blood sugar levels that are not generally recognized as "disabilities" or subject to service connection. "
I hope others here however, will opine on this situation you have.
Most of us advocates here are up to speed on CUE I think...or should be,....