Asthma 40 Years Late

[slowhand197]

I was just awarded 30% for Asthma (COPD) in the decision it states “Service Medical Records from September 1, 1964 through September 6, 1968, note multiple treatment entries for recurrent respiratory infections with scattered inspiratory wheezes of the lungs noted on discharge examination dated September 3, 1968.I had a C&P this time that showed I should be rated at 30% for Asthma

I filed a claim in 9/18/1969 for a chest condition and it was denied reason stated ”not shown on last examination”. No C&P exam was ordered for this decision. I never appealed this decision as I felt if it was not shown on my exit exam I could not win

I have had problems from the day I left the service with my breathing but can not remember all the different doctors I have been treated by (never thought I would need there records). I have been treated at the VA many years ago for breathing problem.

This misstatement (exact wording from the dicisions) has really screwed me. If I knew then what I have learned form this board I would have corrected this problem 40 years ago. Could this be considered a clear and unmistakable error case for earlier effective date or do I just get screwed out of 40 years of compensation? anything I can DO

Sorry for the long post

[Hoppy]

slowhand,

From the info on your post it does not sound like a CUE. It is possible that the decison after your discharge was not made in error. They could have determined that at that time they were not sure that the condition would remain chronic. Asthma has multiple causes and some times people go for extended periods of time without any reoccurrance.

They never word denials in a manner to tip you off as to what you should be aware of. The statement they used was in fact worded to sound like you had no options and you intrepreteded just as they planned and you did not appeal. Nor, did you think that you should file at such time the condition was chronic.

Also, you did not appeal and allowed the claim to close. So a CUE would need to have some other type of problem. You could find the original denial and check to see if they missed any documents that would have been sufficient to have made a difference had they been reviewed at the time of the original denial. This situation used to be good for a CUE. The laws might have changed.

What does your SO say about the CUE issue. Also, ask him if there is any evidence they should have reviewed at the time of the original denial and if he could turn it into a CUE.

They did the same thing to me for a condition that was diagnosed three weeks before my discharge. Three weeks was not sufficient to show that I had a chronic condition. However, when considering the post service treatment and continued symptoms the condition became service connectable. Unfortunately, it took me 26 years to get a computer and find hadit. Had I been represented by a good attorney at the time of my discharge I would have been service connected in 1978. The attorney would have told me to file if and when the condition changed. I was service connected in 1998.

[slowhand197]

Hoppy,

Thanks for the response. My first problem documented in the service was in ITR (pneumonia) 1964 and there were a few problems every year I was in the service I would assume that would make it chronic. But what gets me is the flat out lied on my decision stating there were no lung problems when if fact this year the said there was on my exit exam. My so said it will be a thought one to win but I have been told that before and proved them wrong I hope I can do it again. I guess they realy do lie

Thanks again

[Hoppy]

Yep, there are liars everywhere in the system. Check out the last paragraph in my response to lamontino's post.