Cue

[nanaeris]

B) I found this case on the internet. Citation Nr: 9913396; Date: 05/17/99; Docket NO: 98-00 006

I think this is what I was looking for. It applies to the Presumption of Soundness, MEB, and PEB. This is something I have been trying to figure out and haven't been able to get the VA to clarify for me, if there is a difference between the MEB and PEB which one carries the most weight. In this case the MEB stated this individual developed a mental disorder in service and his entrance exam stated he was in good mental health. He was treated in a military hospital and he had made a statement that mental condition pre-existed military service. The PEB stated his mental condition pre-existed military service and was not aggravated by military service. The VA denied his claim as not service-connected. In short he later filed a C&UE claim. The BVA stated that the RO did not apply the Presumption of Soundness and the PEB did not address the MEB decision when he was discharged or his treatment record while in service and granted his C&UE. In my case I had three MEBs that stated my bilateral knee condition pre-existed service but was permantently aggravated by service. My PEB stated my condition was not aggravated by service. The VA on my initial decision denied my claim in 1976. When I reopen my claim in 1998 and won the appeal after 2 years. I have asked and tried to get the VA to say the presumption of soundness was not applied in their initial decision and the MEB was not considered in their decision. When I read this case, every thing that happen to this veteran happened to me and he won on C&UE. Can anyone give me some advice on how to proceed. Do I use this case to show the VA about their error or do I go and quote the C.F.R laws and stature? Any advice would be greatly appreciated.

Think everybody on this site.

nanaeris.

[john999]

I would get a lawyer do determine if you have a good CUE. You are going to end up at the BVA or even the Veterans Court. I say that because you may have a potential big retro. The VA will fight this like crazy. They will stall and do whatever to kill a big retro due to a CUE. I know this from my own experience. CUE claims revolve around legal issues. There is no benefit of doubt or judgement. It is a straight legalistic claim. If you raise some issue involving judgement your claim goes out the window. You are walking in a minefield. If you don't know how to file a CUE get a lawyer.

[Pete53]

If anything is pending or open can't file a CUE

[carlie]

JMO but I don't think a CUE for this will get very far.

Apparently some of the medical diagnosis you have had

and in your SMR's was poor medical information, yet

that is what the rater has to go by.

Even with the presumption of soundness argument,

I would get an attorney for this claim.

jmho,

carlie