I made an addition to my CUE motioin. I hope I interpit the law and the facts of my claim as being one of the same.
CUE Claim
INTORDUCTION
In 1977 I went into Fort Snelling VA and had psych test done. That MMPI showed the same language and psych disablity as the 1980 report which showed schizophrenia. In 1999 the BVA docket $ 97-07-510 found: "These records include March 27 1980 MMPI report whcih was conducted during the veterans hospitalization at a VA medical facility begining in March 1980. This report was not of the record at the time the previous board denial----This suggested diagnosis for the MMPI profile was of paranoid schizophrenia=== The evidence received since the decimber 1982 board decision includes medical records not previously associated wht the claims folder which dentd to show that a psychiatric disorder is related to active duty"
The below CFR regulation defines what constitutes a CUE.
38 CFR Sec 20.1403. "Generally either the correct facts as they were known at the time were not before the board or the statutory and regulatory provisions extent at the time were incorrectly appplied"
Please show me how the above BVA findings and the CFR dont compliment each other into a finding of CUE. This failure of the VA to obtain its own MMPI reports subjected me to 22 years of living basically on $400 a month. Upon which I spent from March 1980 to March 1989 in a VA hospital and veterans home for my service connected illlness. Even back in 1977 the Dr wrote. "July 1977 psycholigical report indicat4es that individuals with the veterans profile may develop schizophrenia"
That is the additions I made to my CUE claim. Is it clear how the CFR and the findings by the BVA makes this a CUE claim?
If any of you know how to re word this to me more clear. I am open for suggestions. thanks
Question
Guest fla_viking
Dear Fellow Veterans & Friends
I made an addition to my CUE motioin. I hope I interpit the law and the facts of my claim as being one of the same.
CUE Claim
INTORDUCTION
In 1977 I went into Fort Snelling VA and had psych test done. That MMPI showed the same language and psych disablity as the 1980 report which showed schizophrenia. In 1999 the BVA docket $ 97-07-510 found: "These records include March 27 1980 MMPI report whcih was conducted during the veterans hospitalization at a VA medical facility begining in March 1980. This report was not of the record at the time the previous board denial----This suggested diagnosis for the MMPI profile was of paranoid schizophrenia=== The evidence received since the decimber 1982 board decision includes medical records not previously associated wht the claims folder which dentd to show that a psychiatric disorder is related to active duty"
The below CFR regulation defines what constitutes a CUE.
38 CFR Sec 20.1403. "Generally either the correct facts as they were known at the time were not before the board or the statutory and regulatory provisions extent at the time were incorrectly appplied"
Please show me how the above BVA findings and the CFR dont compliment each other into a finding of CUE. This failure of the VA to obtain its own MMPI reports subjected me to 22 years of living basically on $400 a month. Upon which I spent from March 1980 to March 1989 in a VA hospital and veterans home for my service connected illlness. Even back in 1977 the Dr wrote. "July 1977 psycholigical report indicat4es that individuals with the veterans profile may develop schizophrenia"
That is the additions I made to my CUE claim. Is it clear how the CFR and the findings by the BVA makes this a CUE claim?
If any of you know how to re word this to me more clear. I am open for suggestions. thanks
Terry Higgins
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