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Cue Claim ?
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Charleese
Hi all,
Do you think this is a CUE and if so tell me why.
On Sept. 9, 1983 vet filed an application for Compensation. On Sept. 15, 1083 it was written on Application "3101 SENT SMR'S - DID NOT PRINT - RIBBON WAS OFF". It was written by someone with the initial of CB. On 2-21-1984 Rating Decision states "Service medical records concerning this veteran are not available." A report form Dr. XX indicates he treated the veteran in 1978 for a right knee condition diagnosed as degeneration of knee, right. X-rays showed two screws in the upper tibia just below the joint surface probably due to a plateau type fracture. It goes on to state: "The evidence of record is insufficient to establish incurrence or aggravation of a right knee disability in military service. 8. NSC (KC, PTE) Degeneration of Knee, Right.
Vet NODed this decision on 5-1-84 and attached a Statement In Support Of Claim to his NOD 21-4138. On that form VA wrote on 4-19-85: "Not recog. as NOD at this time as vet furn. SMR;s not furn. to us by NPRC. They reopen his claim in place of his NOD. 3 signatures were signed off on 1984 and 1985 decisions.
Because VA had this vet's SMR's but failed to put a ribbon in printer to print them out it caused them to rate him as NSC qne the fact that they wouldn't accept his SMR's from him and not accept his NOD that he got from NPRC which he ended up getting a 0% rating in 1985 wouldn't these be clear and unmistakable errors?
Your replies to this topic is greatly appreciated.
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