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

[Berta]

Now I am wondering though-

what if you did ask them to decide this claim now and if they gave you some BS -you can raise this case you found as supporting your issue-

then again it is ripe for CUE-

if you asked them to decide this open claim you have-you would not have a final decision to CUE-

unless they give you the right decision with the right retro-

do you have a good service officer to help you?

I hope others have input here-

I honestly dont know what you should do-

and now I forget the initial matter-

have they decided the condition favorably in the subsequent claim?

do you still have time to NOD it? and ask for the proper retro back to 1973?

[hurryupnwait]

Now I am wondering though-

what if you did ask them to decide this claim now and if they gave you some BS -you can raise this case you found as supporting your issue-

then again it is ripe for CUE-

if you asked them to decide this open claim you have-you would not have a final decision to CUE-

unless they give you the right decision with the right retro-

do you have a good service officer to help you? He is swamped. He does return my calls but many days later.

I hope others have input here-

I honestly dont know what you should do-

and now I forget the initial matter-

have they decided the condition favorably in the subsequent claim? I have a favorable C&P exam which was done in Oct 2006.

do you still have time to NOD it? My case is with the AMC. It went to the ratings board in March and they sent back for further development. and ask for the proper retro back to 1973? Should I ask for a hearing date with the BVA and present everything to them.

The way I understand this ruling (see below) is that when the VA sent me to have a medical exam in November 1973 they basically kept my case open and then they did not send me the proper notice of decision.

Again Thanks for all your help

Edited May 4, 2007 by hurryupnwait

[hurryupnwait]

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.

Thanks Berta