Would This Be A Cue?

[hurryupnwait]

This is taken from a denial letter I received in April 1973 from the VARO.

"Available records do not show that you received treatment for this condition during service nor was it recorded in the report of your examination at discharge."

Three days after my back injury my civilian orthopedic surgeon sent a letter to the post commander describing my chief complaint, past history, physical findings and diagnosis with treatment. He also stated that I was unfit for military service.

On my discharge exam it clearly states several back problems and then states unfit for retention.

In November of 1973 the VA sent me for a physical exam. They never sent me any further correspondence about the claim or the results of the exam.

In 1992, I requested my medical records from the VA and found the exam results from November 1973 along with my discharge exam.

It appears that no one at VA may have looked at my discharge exam or any other records.

There were no records available to them because they never requested them.

Thanks again for your help

Paul

[hurryupnwait]

Do you have in your possession the sick bay records of the visit to the doctor, this would be the visit the day before your discharge? I have the pain prescription that the doctor gave me. A copy and other evidence is with the AMC waiting for a return to the ratings board

Josephine

Edited May 4, 2007 by hurryupnwait

[hurryupnwait]

I was in the Army Reserve called to active duty for 2 weeks, so afterwards I went home. That is why the military doctor told me to go see my own doctor.

I also injured my back while on active duty in 1971 but the VA says that they can not find the smr s to verify those injuries.

I do have other evidence to verify the injuries, which is with the AMC. It went to the ratings board in March but was sent back for more development. It s now collecting dust. I did send in the requested information they needed, so now I hurryupnwait.

I do have a favorble C&P exam from 10/06.

[hurryupnwait]

I am beginning to understand, you were either in the Reserves or National Guard? Army Reserve. Was there a line of duty investigation regarding the back injury? No

Who did your discharge physical? Phy Exam / Imm clinic

US Army Hospital Fort Mac Arthur, CA

[hurryupnwait]

Sorry for the VA lingo-

here is Myler V Derwinski:

http://www.warms.vba.va.gov/cova/decision/91dec/myler.doc

I sure would file a CUE-if I were you. Thank You! I m a puppy when it comes to some VA lingo or CFR

[hurryupnwait]

I found this information. Would this apply to my case?

CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN

§ A veteran’s claim was denied in 1969. The VA avers that a notice of decision was not sent to the veteran. In 1982, the veteran sought to reopen his claim. A September 1982 RO decision found the claim had been previously denied. The VA sent a letter only advising the veteran that his claim had previously been denied in 1969. The veteran did not appeal the decision. In 1998 the veteran, through counsel, indicated that he had never been notified of the 1969 denial and requested a formal decision on that claim. The VA’s 1998 response acknowledged failure to notify the veteran of the 1969 decision but found that the 1982 letter informing the veteran that his 1969 claim had been denied finalized the issue and that his appeal rights had expired.

In 1998 the veteran appealed to the Board. The Board denied the veteran’s claim concluding that the back condition had been denied in 1969, that the September 1982 RO decision confirmed and continued the 1969 decision denying the claim and that the notice of the 1982 decision notified the veteran of his continued denial of service connection and included appellate rights information.

On appeal, the Court found the 1982 notice inadequate because it did not provide a reason for the denial in 1969 as required at 38 C.F.R. § 3.103. Ruffin v. Principi, 16 Vet.App. 12, 15 (2002).

[Berta]

Paul- that is quite a FIND!

It seems to be the same situation yoy are in- you could attach that case and refer to it in your CUE.

Best not to even ask them for a decision at this point- on the 1973 claim-and just file the CUE claim-

The case you have there was not a CUE claim as I understood it but still it caused the Court to vacate the BVA decision so this vet had a big stick still in the fire-

wish we knew the outcome-he might have been awarded by the RO and we have no way to find that out.

I commend you on finding this very exciting case

that sure seems just like yours-

Excellent work!!!!!! And I bet there are vet guests here in hyperspace who will read it very carefully.

Edited May 4, 2007 by Berta