Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Cue Original Claim

Rate this question


Guest Dorothy Kansas

Question

Guest Dorothy Kansas

This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Guest Jim S.

Dorthy: I just re-read post #7. You stated, that you considered re-enlisting, did you have a re-enlistment physical? if you did, did you list any of the problems for which you are claiming a disability for? If you did, and it could be used to help your claim, any notation on the physical indicating your injuries and not noted on your enlistment physical, would endicate their occurance in service.

Good luck with your claim,

Jim S. :rolleyes:

Link to comment
Share on other sites

OOPS here,

"Otherwise, the claim may still be considered open for failure to properly assist you in proving your

claim and if they decided, they failed to give proper reason and basis for their decision."

The failure of the Duty to Assist can never be CUE.

However.

The failure of the VA to inform you of your rights and proper procedures can hold open a supposed

finalized claim as never being finalized.

It was noted in 1996 that the RO had never informed me of my rights.

A few years later they got around to it.

That little boo-boo keeps my claims open from day-1 in July, 1974.

My lawyer has another client for life.

Having judicial review in place has been a double edged sword.

We are given a higher authority to appeal to but, the higher authority has no power of enforcement.

The VA can hold off granting anything and everything while we go through the lengthy process of

appealing to the higher authority that has no power of enforcement.

The higher court remanded my claims back to the VA because the VA had not articulated the reasons

or evidence used to decide the claim decision that I was appealing.

Can it get any better than that?

sledge

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use