bigred1

May 3, 2014

Does anyone know where the records from this hospital would have been archieved? I can't find anything online.

Also, any thoughts on this: I am helping a Veteran friend with an old claim. When he came home from Vietnam, within the week, his parents took him to the Naval Hospital b/c he was having issues (He thinks this was the start of his PTSD actually but didn't realize it). He must have made a claim (he thinks it was autogenerated) for earaches, and a skin rash. We have the rating denial from his CFile. But of course there is no record of his hospital stay at the Navy hospital. It was denied back in early 1969 stating "service clinicals are negative for any treatment to the above claimed condition". And also states "left ear infection, skin condition of chest claimed by veteran no shown by the evidence of record."

Since it was within 1 year of service, wouldn't it automatically be assumed to be service connected?

Would this be CUE?

Or do we need those Navy hospital records?

He then also made a claim a few years later in 1974 when he had a break down for nervous condition. That was also denied while he was still in the hospital (he was there for 2 months). We are currently appealing this claim. We just got a SSOC denying this based on no service connection was found back in 1974. It was of course very brief, with no analysis of his 2 month hospital stay (we asked them to examine, explain and anaylze the records in our NOD).

With regard to that claim, any thoughts or advice on how to prove service connection? There is a health record in his file that he complained of nausea, which I argues in our NOD that this was evidence of symptoms of nervous condition/PTSD, but of course they didn't even address it.

We are appealing to the next level, but trying to get as much info as I can.

Thanks for any help!

May 3, 2014

Also on his record of assignments it states his principal duty as both casual and cook.

Does anyone know what casual means?

May 3, 2014

Hello, I am helping a veteran w/ his claim for EED and am reviewing his service records. Does anyone know what those titles mean?

Also, I am having trouble interepreting some of his medical records/service records. Is there a good site to reference. For ex: I am looking at a 514 C document that has a stamp that says under Report: "VDRL NR" on it and also 71 EVAC HOSP stamped under name of medical facility. Checked off is Ambulatory. So it seems like he was at the 71st Evac hospital on this day in Vietnam, but I can't tell what for.

Any ideas?

May 2, 2014

Hey Troop, have you heard yet? just came across this post and wondering. 4 years is insane. What state are you in?

June 14, 2013

The lawyers at CAVC said that before 1992 the VA did not have to list all the evidence they had so you cannot prove they did not consider every bit of evidence before them or even know what was before them. Also, when you can produce evidence the VA did not consider that was in their possession for you to win a CUE there must be no evidence in VA's decision that could make a different decision debatable. Like in my case where the VA has some shreds of notes and hospital records vs a complete medical report from my doctor on their own VA form that completely discusses my disability, its origins, the impact on my employability, dx, prognosis, nexus etc and social and occupational adjustment. The VA says it is still debatable that I got a 10% rating while excluding my doctor's report that said I was 100% disabled and had total impairment in social and occupational adjustment due to psychosis. The VA said I had slight impairment and my doctor says I have complete impairment in all areas. The VA says it is not undebatable that 10% was correct rating. I never got appeal rights and all that jazz back in 1973. They throw it in my face that I could have appealed this decision if I did not like it. I did not even know that I could and I was pretty much living on skid row and don't even remember events until I looked in my C-File and got that sinking feeling of hate that I feel for the way the VA treated me back in the day.

Geez that is terrible John! Do you still have an appeal going? I"m so sorry all that happened to you! Re: the evidence, well apparently they did not even receive the 2 hospital discharge summaries until 5 months later after the decision was made. Basically, the veteran was hospitalized, he filled out an application for benefits, the AO got the app, sent a request form to the hosptial for the records, made a decision 20 days later (the veteran was still in the hospital), 5 months later the 2 hospital summaries were received. They never did anything with those records. They didn't reopen the claim, they didn't notify the veteran, they just put it in his cfile and then ignored it. When he went in 2011 to get his 1st c&P exam, they ignored it in the evidence, didn't even mention or list them even though it was in the cfile and the doctor talked about it in his report.

I just got a letter today saying they are woking on his appeal for eed and for us to send any additional evidence. So I will be sending out my letter back this week along with all the evidence we gathered and I will formulate my arguments. Thanks for all the input! If there is anything anyone wants to add, please let me know.

June 14, 2013

BigRed stated:

“We just found a form that the adjudication officer sent to the VA hospital that he was at requesting his records. 20 days later they denied the claim....clearly not enough time for the VA hosptial to send the records. They sent them about 5 months later after it was already denied. They never informed the veteran of that. “

They probably denied saying the claim was “not well grounded.”...the previous VCAA mantra that VA used to deny many claims in those days.

The opinion says no service connection found and there is no evidence of the condition.

That could certainly be the basis for a regular CUE claim, citing 38 CFR 4.6, filed against that older decision.

How do you know VA got the records 5 months later?

It's time stamped 5 months later, after they denied the claim already. I had the VA even confirm the date b/c it was difficult to even read.

I had a similiar situation regarding my recent CUE Yourself Request.

It involved my husband's SSA records and in my Nehmer decision I was quite shocked to learn that VA received those records until about 6 weeks before my husband died although they had the authorization forms for over a year by then.

Is it possible that this veteran was hospitalized while still AD in the Military in the 1970s?

What does AD mean? In his service records I do see two doctors notes that state he was complaining about nausea, and I also see a notation (if I am deciphering it correctly) of chronic GI. He also told me he went to the infermary on base for earaches/infections but the SMR don't seem to contain anything about that. I am not sure if we have his complete SMR, how can we make sure of that? We have his cfile and I have the SMRs that were in his Cfile.

Odd question I know but possible......

Does he have his complete SMRs?

I don't know, again, the SMRs were in his Cfile. Knowing the VA, probably not though.

I commend you on what you found, as to the fact that the VA did not have the hospital records when they denied the older claim.

It is amazing what value having a C file copy can be and then carefully going over everything in the C file.

Actually it wasn't in his Cfile. It was in his medical records that were in Missouri.The VA never obtained them. He was the one who called over there and got someone to look for him and sent it to us. Crazy right?

Did the VA, when they awarded the 30% for PTSD ( called a nervous condition in those earlier days) indicate anything at all in that decision or the subsequent 70% decisions as to the older hospital records?

No I keep saying that to the appeals coach and the director (he is assisting us in locating records, etc) They never addressed in any decision those 2 hospital summaries. His first medical C&P referred to them, but the rating officer did not.

Has the veteran, since, obtained those older VA med recs?

Yes, they are not all there, but we have some records, about 10 pages. He was in the hospital for 2 months so there were definitely more but that's all they have. We just found them in Neosho, MO.

When they awarded the 70% did they consider him for TDIU or was he employed ?

Yes they did, he did not know they were rating him on that when he went to the exam. He was not working he retired a few months before. He retired under stress though and stated that to the medical doctor at his C&P exam but they used other things against him and didn't mention any of his statments about how he was stressed and having crying episodes right before he retired.

Can you scan and attach the 70% decision, with the vet's permission here? If so , cover all identifying stuff.

The recent decision might not have a CUE basis but that older 1970s decision, if it makes no reference to the VA hospitalization records, in my opinion, does.

I agree, I think so too.

In the NOD for the recent decision, if I were you, I would NOD the EDD with the same argument you raised here as to VA not having the older med recs.

The Veteran did NOD but didn't go into specifics. I only recently starting helping him, I am going to send a more detailed letter this week with all our evidence and arguments.

You could make a CUE yourself request too on the same basis, to see what VA says on that.

Obviously he had a proven stressor for the SC awards, but I wonder if the stressor was, in fact, those older hospital records, indicating maybe VA has them but never acknowledged them to the veteran. ( hoping he would not challenge the EED)

When I had little NOD time left on my last CUE yourself request,I did file a NOD, asking the VA to address the CUE request first.

I also found the regs for a NOD extension time frame and even asked for the extension for good cause, and if not granted, then VA should consider the NOD as timely filed.

My point was two fold..... the NOD extension reg isnt challenged or used much and it has no definition of what VA considers good cause.

Good point, thank you!

I dont expect the extension and told VA I dont need it if they properly resolve the CUE request.

I did this to see how VA handles these NOD extension requests, and the other reason is that I set this up for a possible BVA decision on the initial request that they CUE the decision.

Although the regulations are the same at the BVA and the VAROs, BVA lawyers have far more expertise then the VAROs in proper interpretations of those regs.

A BVA denial I got many many years ago (I had just won that claim at the RO under a different basis so that claim was moot anyhow) contained a caveat specific to my situation.

I used a copy of the BVA caveat in 2009 to get VA to pay me my FTCA offset.

I sent as well the specific regulations that in my case award the refund of the offset.I know there is no other documented situation like mine was, but still I felt the actual regulations as well as the BVA decision, with the caveat hghlighted, would promptly bring the refund.

I was wrong and had to get the OGC to send the VARO the same regs and BVA statement before they would pay me.

After OGC ordered the refund, the offset refund came ,but that was at least 8 months after the award.

My point is the BVA (and of course the OGC) clearly understood the regulations that applied to my claim and ,since they are lawyers, they are willing and quite able at the BVA, to properly interpret 38 CFR far better, in many cases, then a VARO rater is.

I sure would fight for a better EED for this vet.

Thank you for helping him!

I have been happy to help!! He's a great guy and the more I find out, the VA really is just so messed up it's such an injustice. I really feel for the Veterans that have severe PTSD, like the homeless. They really have no one helping them, it's so sad. Thank you so much for your input!!!

June 14, 2013

If the VA failed to apply the basic concepts and evidentary requirements of 38 USC, Chapter One, Part 4, Subpart A, under 4.6 et al, thus:
“Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “

as within:38 CFR 4.3,4.6

http://cfr.vlex.com/...idence-19774393

by totalling ignoring probative and compelling evidence , the VA has committed a CUE.

I regret I didnt use this tactic on most of the initial decisions I got over the past 15 or 16 years.

What I mean by probative and compelling evidence is

1.having proof you sent the VA a properly prepared independent medical opinions that support the claim with a full medical rationale, done by a doctor with expertise in the filed of the disability. AND VA totally ignored the IMO.

ignoring SSA records that fully support a TDIU claim because they are based sole on the same SC the veteran has.

Ignoring an autopsy

Parcing a C & P exam results...this can be a major problem.....VA left out the actual ending words from a C & P doctor's report once for my original 1151 claim.I raised hell with the doctor and then he read the actual C & P report to me over the phone, and mailed it to me, and his final words ,if VA had not conveniently forgot to put them into the decision....would have led to an award. And eventually did

Years later when I reopened I called him (we had made up) and he agreed with my DMII AO claim but said since I knocked his C & Ps down twice ,there was no way he would be asked to opine on my DMII claim.

Any private medical records that you know the VA has because they asked you to sign an authorization form 21-22 I think the form is, to get them.Yet they did not list as Evidence or consider in the decision.

6 If the VA awarded 70% SC and the veteran is not employed and the VA knew that, but did not mention or consider TDIU, that is usually a CUE they have made.

If the medical evidence warrants a SMC consideration and the VA fails to consider SMC, that is a CUE .the VA has made by violating the Mandatory statute of the SMC regulations.

I recently read a widow's case at the CAVC. The VA upon her reopen for DIC had found her to be an ineligible spouse and denied her claim on that basis They were dead wrong. They had made a CUE in that decision.

9 If the VA sends the wrong amount of retro, along with an audit statement (they are difficult to figure out sometimes), and the manifested outcome meant you got less then you should have in retro they have made a CUE.

I believe, with the enormous pressure on the ROs these days to get the backlog moving, more and more mistakes in initials decision will be made. Mistakes that could raise to the level of asking VA to CUE itself and expecting them to do that.

I think many here disagree with this tactic and if used, the NOD deadline must be met if VA has not properly addressed this type of request within the crucial first year after the decision, but this has worked for me many times and I cant wait to use it again if I have to.

VAROs often dont even read a NOD until a year has passed. Someone at my VARO told me NODs are color coordinated for that year at the VARO to pass...dont know if that is true.

The enemy of VA claimants is not the VA...it is Time.

If a CUE request produces faster results, with no need at all for a NOD within that first year after the date of the decision, in my opinion, the veterans has staved off the long NOD, SOC, DRO, BVA, Remand to VARO 'hamster wheel' ordeal.

Hello, I am wondering if I can get your thoughts. I think I have a good CUE case I am assiting with. I have a vietnam vet that I am helping that applied for benefits in the mid 1970s for nervous condition after a suicide attempt. While in the hospital they had him fill out the form for a claim. He was there for 2 months approximatly. We just found a form that the adjudication officer sent to the VA hospital that he was at requesting his records. 20 days later they denied the claim....clearly not enough time for the VA hosptial to send the records. They sent them about 5 months later after it was already denied. They never informed the veteran of that.

Fast forward to 2011 he makes another claim, gets rated at 30% for ptsd, he files NOD, he gets rated again earlier this year and goes up to 70%. We want to go after for EED. Any thought on whether we should ask them to CUE themselves (i'm thinking yes, but would like to hear what you think since you've been through this.

Thanks so much for any advice!

June 14, 2013

I'm 39 YOA. SC 80%, 70% for PTSD alone. I too receive SSDI and Federal Disability Retirement. I was approved for both based on PTSD, depression, and anxiety. My employer even let me go for same. The last two years. I've received group therapy @ my local VAMC. I've taken all prescribed medication and received individual therapy @ the VetCenter. I continue to go to "small group therapy" @ the VAMC. Hoping to feel some type of improvement. However, I feel it's static at best. The social worker @ the Vetcenter submitted two nexus letters w/ GAF scores @ 45 & 41. I've failed not once, but twice to successfully transition through VR&E. The second VR&E rep. supposedly stated unemployability via the computer. My SOC states otherwise. I can no longer return to my previous occupation in law enforcement. Law enforcement also happens to be what my four years of education covered. A year of that law enforcement experience came at the same VAMC. I had to travel to my VARO for my initial C&P exam. According, to the VA. It's a conflict of interest. Yet, the second C&P exam was conducted at my local VAMC. She stated I showed improvement and that I would be moderately impacted by my PTSD. She gave a GAF score @ 55. I've become so disappointment with my treatment at the VA. I've resorted to treatment through a private psychologist. The VA has no knowledge of it. I guess John is right deny, deny, deny!!!

Have you applied for TDIU yet? I'm unclear as to where you are in the process. You are 70% so you can apply for it by filling out a 21-8940. I would definitely submit that and also get as many statements you can from old coworkers and employers. Also get the records from your private psychologist and get a report from him or her that states you are unable to find gainful employment due to your ptsd. When you go into your C&P exams, you have to answer the questions as though you are answering on your worst days with ptsd. I would suggest writing down specific instances of your ptsd before you go in so you know what you want to convey to the dr. Yes, they will deny you, you have to keep going back. If you are persistent though and keep submitting evidence you should eventually get what you deserve. I know it's a ridiculous process, it's designed to get a certain percentage of people to give up. So keep going and hang in there!

June 13, 2013

it depends on your evidence. You need to be your own advocate as John above states and you need to have evidence to support your claim. What evidence do you have? Can you get statements from old bosses and coworkers to support your claim that you had problems on the job and that caused your termination? Or statements from your spouse or other family members about your condition? Gather as much information/evidence that you can to support your claim and give it to them. They will not just rate you tdiu based on your word, you need other evidence to support that as well because as John said above they really want to deny your claim.

Good luck!

June 13, 2013

Is the VA supposed to tell you that you are being evaluated for a TDIU claim if you did not apply for it but they are inferring it? A family member was denied TDIU but he did not know he was being evaluated for it. He was rated at 30% went for an increase, got 70% and in that decision they denied him TDIU. Does anyone know if they should have given him notice, sent him the Form 21-8940 or anything like that?

On the topic, I found this:

1) 38 CFR 3.155 – Informal claims provides:

(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution.

And I also found this:

The Department of Veterans Affairs Reference Material, M21-1MR, Part IV, Section F states the following:

A decision concerning entitlement to an IU evaluation is based on a review of all available evidence, which should be sufficient to evaluate both the Veteran’s

•current degree of disability, and

• employment status.

Forward a VA Form 21-8940, Veteran’s Application for Increased Compensation based on Unemployability, to the Veteran if a request for IU is

• expressly raised by the Veteran, or

• reasonably raised by the evidence of record.

There is a note that states the following:

Note: Although a VA Form 21-8940 can be an important development tool, it is not required to render a decision in an IU claim.

However, I would argue this:

the intent of that note was for the situation that refers to the specific instance in which a claimant was sent the form, but failed to return it. In the instant matter, claimant was never sent the form to make him aware that there was a viable unemployability claim and that a decision was being rendered for that claim.

Any thoughts?

Much thanks!

June 6, 2013

I'm not sure if he has ssdi. He retireed, but he retired under stress. He stated that at his c&p exams, but of course when the write the opinion they ignored all the stuff that he said re: that he retired b/c he was stressed and his condition was getting worse. They wrote the stuff he said to support their decision of denying unemployability.

June 6, 2013

His hospitalization could be treated as an informal claim for benefits. I wonder if the VA did not commit some kind of CUE when they denied his orginal claim. I think you should hire a lawyer and let him review his entire C-File and medical records. Because their is some kind of chance at a earlier effective date, and TDIU, the lawyer might want to take the case since he gets 20% of any retro money. Phil and AskNod have both said it is a long road. It will be even longer without expert help. I have a CUE going back to my discharge rating and that was 1971. I have a lawyer working on it because it has been very frustrating as you can imagine. The VA broke every rule in the book on my original claim, but what did I know? As far as TDIU if he can't work due to SC condition that is definition of TDIU. Has he applied for SSDI?

John

he actually made a claim while he was in the hosptial. We have the application from the cfile. But they denied it saying it wasn't service connected. I do think they committed CUE, we are appealing, just trying to get all the regs together to formulate the best arguments. I know it is very difficult to prove and they talk in circles in their opinions.

thanks so much & good luck to you!!

June 6, 2013

Regs from then are kept in public federal depositories located throught the nation. Your local library should be able to assist you in locating that info. I think you would have a better chance of winning if he has a current diagnosis of PTSD or something similiar. Back in the '70's they weren't required to explain their decisions the way they are now. Most law libraries would probably have them also.

pr

he is 70% right now ptsd. he was 30 then got 70 earlier this year. We are trying to get tdiu, he has another appointment coming up. I think it will go up then. After that I want to go after for earlier effective date. Just trying to understand it as much as I can so we can have the strongest case possible. Finding the regs from the 1970s has been a bit confusing. Thanks for your help!

June 6, 2013

Just to clairfy, they are notes from when he was in vietnam, he must have went to the infermery or to see the doctor there on camp.

June 6, 2013

The breakdown was about 5 years after his return home. He tried to committ suicide and was taken to the VA, was there for 2 months. While there he submitted a claim for nervous condition, but was denied stating "the service medical records are negative for anything referable to the currently claimed disabilities." and also states "veteran has submitted no medical evidence referable to either of the claimed conditions." and "Nervous and earache conditions--claimed by veteran not shown by the evidence of the record"

We just found additionaly records obtained by his persistence, not by the VA, from st. Louis. Found a form 10 7131 from the adjutication officer requesting a few things, like hospital summary and special report (not exactly sure what that is yet) I put a request into the VA for an explanation. But 20 days later, they denied his claim....clearly not enough time to receive the records from the VA Hospital. In the cfile there were 2 discharge summaries it looks like they got it about 5 or 6 months after they denied him. They didn't do anything to reopen the claim or to inform him of it or anything.

He did apply again in 1985 but he failed to show up to the medical exam (can that hurt us?)

He applied again in 2011, rated 30% for ptsd

Applied for increase, got 70% earlier this year.

We are trying to get TDIU (I think we will succeed on this soon) and Earlier effective date. Which I know is really difficult, but we are prepared to fight it.

Thanks for any insight or advice!

June 6, 2013

"He was rated at 30% about 2 years ago, applied for increase and is now at 70%"

Is the rating for the same disability he applied for in 1974?

If so does he have his complete C file?

I agree with Carlie and he would have had to have had medical evidence in 1974 of the same condition that was at least at 10% ratable for this to be a CUE.

Maybe his C file would reveal the rating sheet they used for the older denial and that might contain what a CUE could be filed on.

This however:

"He was in the hospital and stated that he was depressed since Vietnam. Of course they don't have all of his records from his 2 month stay in the hospital. They just found a few more pages that we received the past few days."

This could help set up a claim under 3.156.

The regs they denied with might well be attached to the copy of that old decision, and still in his C file.

Yes, we have his C file. The rating sheet from 1974 is very basic. It states:

Supplemental claim

SC for nervous condition and earaches

Rating decision of date (1969) denied s SC for left ear infection as not shown by the evidence of the record

Veteran now claims SC for nervous condition and earaches.

The service medical records are negative for anything referable to the currently claimed disabilities.

Veteran has submitted no medical evidence referable to eitehr of the claimed conditions

NERVOUS AND EARACHE CONDITIONS--claimed by veteran not shown by the evidence

Interesting that we just found a VA form 10-7131 from records in St. Louis, which is an internal form from the adjuticating officer to the VA hospital, dated 20 days before they denied his claim for nervous condition, requesting the hospital summary, special form and another form, I can't read b/c there is writing over it. He was still in the hosptial when they denied the claim. He was there for 2 months.

June 6, 2013

His c file should show the reason and how they adjudicated it. I had a claim in 84 that was denied for hearing loss and my letter only denied not service related. When I got my c file it had all the stuff they had used to deny including the audio test and the reason why i was denied.

Check the c file there should be something there!

Stillhere

I have and it is basically b/c there is nothing in there to support nervous condition or depression, which was his original claim he submitted about 5 years after he left vietnam.

However, I just rereviewed it, the handwritten doctor's notes are difficult to decipher. But there is treatment notes in there for "chronic gi" and "nausea". I can't read everything, but I do see those words. I am wondering if that can be used as evidence for service connected nervous condidition to get an earlier effective date?

Any thoughts as to that?

June 6, 2013

The only way for an EED for him would be by

CUE or 3.156.

Right and they are the two arguments we are preparing to make. I am trying to find more specific regulations that were in effect in the 1970s that they violated when they received the claim in the 1970s.

When I talk to the VA, they keep saying that there was no evidence of service connection. That back then, they were only required to look at his service records. And that the service records did not show anything for depression or nervous disorder. He didn't seek treatment until his hospitalization 5 years after he left vietnam. We think they are wrong. He was in the hospital and stated that he was depressed since Vietnam. Of course they don't have all of his records from his 2 month stay in the hospital. They just found a few more pages that we received the past few days. He was there for 2 months, there are statements in the hosptial records connecting it to Vietnam. So what should they have done back in 1974 with that is my question.

They just flat out denied him stating " the service medical records are negative for anything referable to the currently claimed disabilities". And "Veteran has submitted no medical evidence referable to either of the claimed conditions" the last line states " nervous and earache conditions--claimed by veteran not shown by evidence of the record".

I definitely see CUE here with regard to the correct facts were no before the adjudicator (although we are not postive whether the rating officer actually had the records in their possession and just straight up ignored the evidece or if the VA hosp didn't send them), I am also looking for specific regulations they violated that were in effect at that time to make our argument even stronger.

Any help is greatly appreciated!!

Thanks so much!

June 6, 2013

Rebelranger, any update on this?

June 6, 2013

hi! i am helping a family member with his ptsd claim/appeal. He initially filed a claim back in mid 1970s after about 4-5 years returning from Vietnam. He attempted suicide and was sent to the va hospital for about 2 months. There is paperwork in his cfile that he filled out for a claim for depression. He was denied based on service connection. They requested his service records from his time in Vietnam and there was no evidence of that in his records. However, there is a summary from the VA hospital stating that he had experienced depression dating back to his time in Vietnam.

We are now appealing this decision, trying to get an earlier effective date (I know this is difficult to do).

I am trying to find out what the VA was required to do back then. Should they have reviewed the hosptial records? Should they have done more other than request his service records from Vietnam?

He was rated at 30% about 2 years ago, applied for increase and is now at 70%.

Any insight?

Thanks so much & good luck to you all!

June 6, 2013

I am looking for the regulations on how the VA was supposed to handle a claim for benefits in the 1970s. I have a family member who I am helping with his appeal. He submitted a claim after he was hospitalized in the mid 1970s after an attempted suicide for depression. He was denied based on lack of service connection. The hospitalization was about 5 years after his 2 year tour in Vietnam. The hospital records in the cfile state a sentence from the doctor that he was experiencing depression since his time in Vietnam.

Where can I find regs of how they should have handled his claim back then?

Should they have considered that statement?

He was in the hospital for about 2 months for depression.

Thank you for any advice!

May 17, 2013

And also I am not really sure if it's new and material evidence or rather it was evidence they just ignored. He was hospitalized first then filed a claim while in the hospital (he thinks the doctor or someone at the va did it for him actually). The two discharge summaries are in his cfile, but they never addressed it. Not in 1974, the rating decision is very short and basic stating what I quoted above. In the 2011 decision, it doesn't even refer to the hospital summaries in the evidence. Neither does the most recent decision earlier this year. It seems to me that they are just ignoring the evidence.

Any other thoughts?

Thanks so much!!!

May 17, 2013

Thanks for the replies. That reg refers to service records. Are medical records from the VA considered service records? I wasn't sure about that.

Any more insight on what regs they violated back in 1974?

May 16, 2013

I am assiting a relative with his appeal. What do you think of this for CUE?

In Vietnam from 1966 to 1968

Attempted suicide in 1974, sent to the VA for 3 months. The only records in the cfile and that we can find are two one page summaries. One states that patient experienced feelings of depression since Vietnam in 1968. Diagnosed with depressive neurosis on discharge.

A claim was filed while he was in the hospital in 1974 for nevous condition.

It was denied stating "the service medical records are negative for anything refeable to the currently claimed disabilities." Also states "Veteran has submitted no medical evidence referable to either of the claimed conditions."

1985, he filed another claim, it was denied, he didn't show up for a medical exam.

2011 he files again, goes to his exam rated at 30%.

2012 files for increase, rated at 70% earlier this year.

We are currently appealing based on earlier effective date and also for TDIU.

My question is with regard to the earlier effective date, do you think we can file for CUE on the basis that they had his medical records from his VA stay for a suicide attempt?

Where can I find the regulations for how the evaluated claims back then? I know I have to find error with the law they applied back then, but I am having trouble trying to figure that out.

Thanks so much for any insight and guidance!!

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