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Clue Claim, Earlier Effective Date Claim
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nanaeris
I got a call from VARO Waco telling me my CUE claim for acute myocarditis in the presumptive period was denied. Their reasoning was although I was hospitalized during the presumptive period which would have risen to 10%. When I had a C&P exam about 6 to 8 months latter, my heart was back to normal with no residual effects. I argued I should have been given 0% service-connection and paid for the time I was incapicated. My claim for an earlier effectived date for osgood schlatters disease was also denied. Although the rater in the initial decision stated he did not have enough information to make the decision whether my pre-existing osgood schlatters was permermant aggraviated by military service the two MEB reports are not binding on the VA when it come to making a decision. Although the VA C&P examiner stated I had residual or old osgood schlatters, it did not affect me. In all the decisions not one rater address the presumption of soundness or presumption of aggrivation. I asked the person on the phone what evidence was used when I was granted service-connection for osgood schlatters disease in 2001, naturally I got the run around. In suggestion on how to handle this.
Thank you,
nana
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