hypertension What Do You Think.....do I Have A Shot

[vitaloca94]

in 2000, i left active duty and filed a va claim. in apr 2001 i join a reserve unit. in oct 01, va denies my claim for depression, allergies, tmj and hypertension because they say i was in possession of my medical records. it wasn't true because i assume that my unit had them or was trying to get them. being young ,dumb and uninformed i let it go. fast forward to jun 03, after completing 6 months of being mobilized with my unit and being diagnosed with adjustment disorder, anaphalyxis to cats(allergies on a deadly scale) and asthma. lo and behold my medical records that were missing and that i was in control of just happen to pop up at my reserve unit who send them to va. i file and was denied. after talking to a friend, i file an appeal and and va rates me at 30% for adjustment disorder and 0% for tmj and hypertension, non service connection for allergies and asthma (although it was enough to force me to reclassify MOS and ultimely getting out the reserves). i didn't know i could reopen my claim for the depression so i did. after a lengthy appeal, i finally got rated at 70%. not including depression and ptsd.

so my question is did va make a CUE or does this get chalked to sucks to be you and glad it didn't happen to me. and is there a chance that my claim will be reopened?

any guidance and help will be appriaciated and just so you know two cents adds up

[Pete53]

VidaLoca:

Welcome to Hadit. I really do not know the answer to your question but there not having your Service Medical Reords is troubling.

I would like to tell you one thing though. If you are 70% and not working you should file for TDIU.

Good Luck

[SLEDGE]

I'm in full agreement with Pete53.

You have to get your records so you can tell where you stand.

sledge

[Ricky]

Based upon what you posted below I do not see a CUE. Could you be a little more specific as to what you are claiming CUE on. Remember - it has to be a question of law/legal reason. The fact that VA did not have your records, or the fact they denied you PTSD etc.... can be chalked up to reasons other than their violation of a law, regulation etc... Cue is an exteremly high standard and must be based upon the evidence on hand at the time.

[vitaloca94]

well it's worth a try. i'll just see where it ends up.

[Vike17]

vitaloca94,

I don't want to get your hopes up or anything, but I remember reading something about CUE's and VA not obtaining records from the resevres and National Gaurd. Here is a portion of a post by a diabled veteran who also works as a RVSR or "rating specialist" for the VA on another board;

"I have seen instances, especially recently with returning National Guard and Reserve soldiers, where we receive additional service records after discharge but have not reopened the claim for review. This was a clear error on our part...but a CUE rating would not be necessary since any benefits established could still go back to the earliest date possible based on the latent receipt of records in government possession"

Let me check into this for you and I'll try to get back to you on this thread within the next week or so.

Vike 17

[Ricky]

Vike may be on to something here. When in 2000 did you leave active duty? During your out processing what location did you tell them you were returning to? Although I do not know if what Vike is looking at applies to you because you were active duty - no records found; then you joined reserves - tour overseas then records appeared. The cases refered to below stem from those in the NG or reserves who were called to active duty, became disabled, filed their claim, was rated/denied then their unit sent in additional records which either increased their rating or provided evidence of Service Connection. Anyway just listen to Vike and he will steer you correctly.