ptsd Dd-214 Omission As Basis For Cue?

[NJ_Devil_Dog]

Hello all,

I have a question regarding my claim and military awards.

I am currently appealing a denial of a 1995 claim for PTSD. I reopened the claim in 2003, and I sent the VA a copy of my DD-215. The reason being that I was awarded the Combat Action Ribbon for my service during the Gulf war. The award date was actually after I seperated in January of 1992, therefore the award didn't appear on my 214... (it actually wasn't an omission, it just hadn't been awarded yet) I received the 215 in after I returned from Afghanistan in 2003.

So here's my question.

Because the award is considered evidence of a combat stressor, would the 'constructive notice' ruling apply to the failure of the VA to consider this award as evidence? Therefore a CUE commited by the VA? There is a direct connection between my combat experiences and PTSD.

The other CUE I am persuing is because I believe, in the 1995 decision, the VA did not consider my outpatient records that include my diagnosis for PTSD.

I appreciate the feedback.

Gerald

[NJ_Devil_Dog]

Is it true that the majority of soldier in Iraq get the CAR. In Vietnam there was no such thing just CIB and some other very specific combat awards like Air Medals with V and brone star with V. Many soldiers were in combat but never got any combat awards. I am trying to get CIB since I was assinged that MOS while in Vietnam. It means nothing except my own pride. The assignment to 11b is right in my personnel records along with an evaluation.

John

John,

The CAR is specific to the Navy/Marine Corps, it has no associated award and was instituted in 1969, but to answer your question, every Marine I've ever met that served in Desert Storm received one, which isn't suprising because of the Marines being the smallest branch of the uniformed services. I doubt that they handed them out arbitrarily though, because I know for a fact that the people I've talked to all had some type of combat service there.

I would also add that it probably isn't as prestigious as the CIB, but like the CIB, the VA considers it to be evidence of a combat stressor. So maybe persuing your CIB may not be merely for your own pride, jmho.

As a matter of fact the Army has instituted two badges for non-infantry combat, one is the Combat Medics Badge, and the other is the Combat (something-or other badge); they include some very specific critierion for qualification as well. I mean I was in Afghanistan foe a year, experienced numerous rocket and mortar attacks on the base, but I don't qualify for it.

Gerald

Edited August 31, 2006 by NJ_Devil_Dog

[Guest jstacy]

I took this from the Directive. It stated changes in documentation. ( DD-214) applies. Effective dates.

I Think number 2 applies to you NJ Devil DOg.

(g) Correction of military records (38 U.S.C. 5110(i); Pub. L. 87–825). Where entitlement is established because of the correction, change or modification of a military record, or of a discharge or dismissal, by a Board established under 10 U.S.C. 1552 or 1553, or because of other corrective action by competent military naval, or air authority, the award will be effective from the latest of these dates:

(1) Date application for change, correction, or modification was filed with the service department, in either an original or a disallowed claim;

(2) Date of receipt of claim if claim was disallowed; or

(3) One year prior to date of reopening of disallowed claim.

[NJ_Devil_Dog]

Ok, I just verified this under 38 USC, Part IV, Chapter 51, Sub II, para (i), and it looks like it pretty much answers my question....

I'm pretty much entitled to one year retro from the re-open date of the disallowed claim because this is the latest date under the criterion. I guess the only chance to get anything earlier than that would be an issue of semantics..... specifically whether or not you could consider the DD-215 a "correction" of my miltary records or actually an "updated" version of my records because the award was granted after I seperated from the service. I realize that this is probably be a moot point, but if Bill Clinton could argue the definition of the word "the" who knows! I'm joking of course!

I guess one year retro is better than nothing, but at least I still may have the CUE on the VAMC outpatient records back to '95!

Thanks Jstacy and all,

Gerald