Simple Claim For Vietnam Injury Now A Cue?

[NSA-Saigon-ET]

Edited June 8, 2011 by NSA-Saigon-ET

[NSA-Saigon-ET]

Edited June 8, 2011 by NSA-Saigon-ET

[NSA-Saigon-ET]

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Document for local hearing and DRO review.doc

Edited June 8, 2011 by NSA-Saigon-ET

[carlie]

NSA,

You posted,

"Conclusions

1. The veteran believes that the new and relevant information submitted verifies the claim of service connection for a right foot shrapnel wound. The rating decision of 2009 should be reversed to award service connected disability resulting from shrapnel wound to the right foot in 1969. The veteran is asking for a 20% rating.

2. The veteran believes also that the original rating decision of 1994 for shrapnel wound of right foot contains a CUE and that the effective date should be from the original filing date in 1994. From the analysis section of this document it is clear that all the documents of record during the 1994 decision were not included so that the decision would have been one of approval instead of denial had it not been for the error. The remedy for this error is to award the disability with an effective date from the original claim in 1994.

In regards to the 1994 CUE claim -

No information or medical evidence produced after the 1994 Rating Decision is to be considered in the claim for CUE.

Only the info/evidence of record (or supposed to be of record) at the time the CUE was made will be relevant.

(This of course,does not include anything from AD.)

In regards to the 2009 Rating Decision, I would point out the exact medical evidence of record that supports an evaluation of 20 %.

In my opinion you are making a big mistake by not having a formal, recorded hearing with the DRO.

Chance are you're going to have to wait 12 - 18 months for a hearing anyways.

JMHO.

[Philip Rogers]

DRO hearings are usually recorded. I see this as a probable winner, w/retro to 1994. jmo

pr

Hi all,

I finally finished with my research on this issue. I have checked with the local VSO using a draft of the document I will use for my local hearing coming up sometime. It will be at the Houston VARO and I will ask for a informal hearing at the DRO's office, rather than the more formal hearing which would be taped. I understand that the informal hearings are much more relaxed and the DRO may interact more freely since the hearing will not be taped. I feel that the appeal documents should cover everything and so they can be a great aid to the DRO in making his/her decisions.

Anyway, I have attached the document here.

I filed the NOD and am asking for an award for a foot injury diag. code 5284. I am also asking for the effective date to be set at the originasl claim due to CUE from original claim.

I believe I have this issue covered pretty well and so does the VSO. We will see soon enough.....

[Berta]

If I were you I would add this part of 38 SC 501 (3.156) as evidence and then bring a copy of it right from 38 USC to the DRO Hearing:

Has your rep considered this regulation as to service records which are newly discovered ?

[NSA-Saigon-ET]

xxx

Edited June 8, 2011 by NSA-Saigon-ET