WOULD THIS BE A CUE CLAIM

[Mickey1964]

I'M 100% for ptsd, I have other conditions as well. I start receiving  my 100% rating the end of 2015, but I got out the Army 1990. My records were lost from discharge until 2005. I was assaulted and received a TBI, days before ETSing. Because of the TBI I spent 3 day in the hospital and then I was discharged. I still remember being in an out of consciousness. At the time of my ETS I exited with no rating. I did request a full physical but I was told I was fine because I had just gotten out the hospital. I believe I should have gotten a rating at discharge. Would this be a CUE claim?

 

[Buck52]

I am certainly not a CUE Expert  so other members can chime in .

If you never filed a claim (1990) at the time you were discharge for the TBI  what do you base the CUE Claim on?( Failure to assist does not apply in CUE Claims)

Remember CUE claims are the most difficult claims to win.

  Errors that constitute clear and unmistakable error. To warrant revision of a Board decision on the grounds of clear and unmistakable error, there must have been an error in the Board's adjudication of the appeal which, had it not been made, would have manifestly changed the outcome when it was made. If it is not absolutely clear that a different result would have ensued, the error complained of cannot be clear and unmistakable.

  Examples of situations that are not clear and unmistakable error—

  Changed diagnosis. A new medical diagnosis that "corrects" an earlier diagnosis considered in a Board decision.

  Duty to assist. The Secretary's failure to fulfill the duty to assist.

  Evaluation of evidence. A disagreement as to how the facts were weighed or evaluated.

Also VACC does not apply with CUE Claims.

However you may or maynot Have a CUE?

I Can't give you a forsure answer.) sorry

Elder Members with the most expert Advice for Veterans claims Ms berta or Alex Graham & broncovet, are the best here at Hadit  maybe they can chime in.

[Berta]

I agree- CUEs are based on a decision from the VARO, that stems from a formal claim.

If you have significant residuals from the TBI, then you could file a claim for the TBI,using the inservice hospitalization records to prove it occured and their is no other reason or etiology for the residuals but for the TBI.

But I wonder if the VA would lump some of your residuals in with the 100% award.

There is info here on TBI residuals via a hadit search.

You said you are 100% for PTSD but your rating is 80% in your profile.

Do you mean you get TDIU at the 100% rate?

Do you have a copy of your entire SMRs and Personnel file from the Military?

If not you can go to https://www.archives.gov/, click on the Veterans records thing there, and that will take you to where you file a SF 180 on line to obtain those records. They should include the hospitalization records and your discharge cerificate. You will need to print off a bar coded thing , and then sign it (keep copy for your records)and mail it to where they direct you to.(I always mail Everything VA and even NARA  via priority mail and get a tracking slip so that I can go to USPS web site and print off proof that they got it.

If you have any medical records -VA or private- that could be proof of the TBI residuals, that is a good reason to get copies of those records as well.