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Master Chief Petty Officer
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Vync last won the day on July 23

Vync had the most liked content!

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About Vync

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    E-9 Master Chief Petty Officer
  • Birthday October 15

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  • Military Rank
  • Location
    Ft.Living Room, AL
  • Interests
    Family, fishing, movies, video games, gardening, hot rods, computer programming, electronics, music

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  • Service Connected Disability
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  1. I appreciate you reading my draft. On the medical history, I checked problems with the nose. The entrance exam was typical, not special. They didn't do scans of my head. The only things noted by the doctor was eyeglasses/refractive error and acne. I checked the C&P exam and found this: I checked the award letter and found this: That's a big jump from showing my nose was normal when I joined to meeting the maximum 30% criteria when I got out.
  2. Financially, yes. The original combined rating was 40% (20/10/10/10). Any increase would boost me to 50% from 1995 to 2008, so retro potential is good.
  3. Hello everyone, I have been chewing on this one for quite a while and believe this final draft CUE is ready to be submitted to the VA. The decision maker failed to follow the laws in effect at the time. No judgement call factors. Please feel free to tear it apart and offer any suggestions. I wanted to keep it down to about two pages, explain the error, include excerpts from evidence, and include laws in effect at the time.
  4. @broncovet It sounds like we should setup our own non-profit and get free advertising from the VA
  5. Congratulations! I'm glad it worked out in the end!
  6. @GBArmy Yep, I would not put it past them. I'll be sure to include language in the request to ensure the original EED is maintained.
  7. @GBArmy I believe you are correct, but I'll be submitting it as a supplemental claim along with a statement explaining the error and a copy of the first exam. If they screw it up, I can then file a CUE to address the initial error plus their error by not addressing it correctly.
  8. @GBArmy This one could probably go either way (CUE or NME). It is one of those really odd situations.
  9. That might work. I just won't mention the Russell and Bell rulings
  10. I am looking for a copy of VA Form 21-8764 before Feb 2004, preferably the one which was in effect in March 2000. If anyone has a scanned copy of it, can you please post it?
  11. I'm expecting the VA to respond like that. Per Russell v. Principi and Bell v. Derwinski, documents generated by the VA prior to the decision date are considered to be part of the record, even if they are not in front of the AOJ when the decision is made. I am going to submit this as a supplemental claim, but it might end up becoming a CUE. Here's the catch. The same examiner performed both exams. In the second exam, he states clearly that the initial exam material was replaced, hence the second exam. How often does the VA admit in writing that they screwed up. I found the initial exam notes in my c-file. The second exam is also suspect because they failed to apply DeLuca. That alone could push the 10% to 20% even if they try to dismiss the initial exam.
  12. The situation involves two C&P exams for TMJ ROM ratings. The first was lost, but I was brought back a few weeks later and I was awarded 10%. 15 years later, the initial exam was found in my c-file and would have granted 30%. Anyone have any idea how they would determine which exam more nearly approximates the criteria for ROM ratings? There are no other dental exams within a year prior or after, so which one would they probably use?
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