Cue?

[hurryupnwait]

Clear and unmistakable Error

To VARO,

I am filing a CUE on the basis that there was misapplication and misrepresentation of the regulations in regards to the decision made on April 24, 1973. I was medically discharged in December 1972. This claim was filed one month after discharge. The VA did make a decision and denied the claim. It was not appealed by me. The basis for this CUE is as follows:

This is taken from the denial letter I received in April 1973 from the VARO. (Copy enclosed)

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

On my discharge exam it clearly states several back problems and then states unfit for retention. This is a clear and unmistakable error. (Copy enclosed). Since the adjucator mentioned the discharge exam in his letter, then he must have read it. That means that this evidence was in front of the adjucator at the time the rating decision was made.. Therefore, Bell v Derwinski 1992 would not apply in this case.

This is the beginning of my CUE letter. I plan on scanning the discharge exam into the letter and highlight the main issues.

I will also enclose several treatment records during service, but I can not show that they were even looked at because the denial letter is not very apecific.

Any comments

[Pete53]

Nothing wrong with passion when you are arguing something that you believe in. So far even thought passionate it has not risen to a level that would call for doing anything.

If a poster or a thread starts to irritate you ignore it or the member.

I will make a comment though. I consider accusing someone who tells Vets to stand up for themselves as part of the problem is a lame response. I cannot speak for anyone else but me but I have found that the VA is a major part of the problem that Veterans have getting their earned benefits.

Now in regards to CUE claim it is generally a loser from the gitgo not for the reasons posted but the VA attacks them in swarms to stop them in their tracks. The VA does not want some CUE to become a precedent.

My favorite was Gardner who beat the VA in their own game and made it so that anyone injured by the VA had to be Service Connected for the injury. That was in the early 90's if I remember correctly.

Please keep this Civil and no one in this thread should be banned or warned either in my opinion.

God Bless those who fight for Veterans.