New Question On Cue

[Rockhound]

Berta: You stated in a another posting,

"It might be a CUE in some cases-

CUE:1. final VA or BVA decision

2. legal error in that decision (not DTA error or medical disagreement etc)

3. manifested alter outcome but for CUE (meaning the CUE cost the vet some retro)"

My question is this: If I prove (1) & (2) of CUE and then show how the evidenc at the time demonstrated, that had it not been for the error, SC should have been awarded to at least 10%, then does that mean that number (3) requirement of CUE is met, showing that outcome would have been manifestly changed?

Rockhound Rider a.k.a. Jim ;)

[Angela]

Rockhound,

Found this recent CUE decision by the Federal Circuit that sounded very much like your situation. Decision states that the veteran was "entitled to service connection as a matter of law".

Hope it helps. Here's the link...

http://www.cafc.uscourts.gov/opinions/07-7241.pdf

Edited September 21, 2008 by Angela

[Rockhound]

Rockhound,

Found this recent CUE decision by the Federal Circuit that sounded very much like your situation. Decision states that the veteran was "entitled to service connection as a matter of law".

Hope it helps. Here's the link...

http://www.cafc.uscourts.gov/opinions/07-7241.pdf

I can see some similarities in this case, but without a current diagnosis of schizophrenia, it is going to be difficult for me to see how I can use this. However, Since the Acute Schizophrenic episode also included that I demonstrated moderate impairment for future social and industrial adaptability and that I have a current diagnosis of Adjustment disorder,I feel that this case does demonstrate the residual effects of the psychotic episode. Also, even thought a diagnosis of a personality disorder was opinioned at a later date and schizophrenia was mentioned, the diagnosis niether confirmed nor dinied the earliear diagnosis of an acute psychotic episode. not does it make mention or decision on the issue of social and industrial adaptability.

Rockhound Rider

[Angela]

Rockhound,

VA News Release - TBI Rules Change Sep 2008

Saw this press release and it made me think of you. Concerns new rules for TBI evaluations. Can't remember if your claim is reopened yet or not, but since they've acknowledged that TBI can result in mental, emotional, and behavioral problems maybe you'll get a fair hearing now than before. You can always ask for an EED later. Most important right now is to get SC.

Oh, and it seems that you said that the original decision didn't say how the VA's conclusion was reached or have any exam or even justification at all, just the raters opinion, right. In that case, since the rules changed and they can't use their own unsubstantiated medical opinions anymore, they won't be able to use the same argument to deny you again unless they can get a doctor to write it.

I'd reopen this immediately with new evidence (new exam or treatment records / medical articles / etc).

As always, I wish you the very Best of luck.

Edited September 26, 2008 by Angela

[Rockhound]

Rockhound,

VA News Release - TBI Rules Change Sep 2008

Saw this press release and it made me think of you. Concerns new rules for TBI evaluations. Can't remember if your claim is reopened yet or not, but since they've acknowledged that TBI can result in mental, emotional, and behavioral problems maybe you'll get a fair hearing now than before. You can always ask for an EED later. Most important right now is to get SC.

I also read the following VA release on the TBI rule changes that was in this same news release.

www.federalregister.gov/OFRUpload/OFRData/2008-22083_PI.pdf.

I found both quite informative and inlightening. I will study this some more and look at the new CFR rules and schedule for TBI's evaluations, once I can find where the changes have been posted.

Thanks Angela, I am glad their are more eyes out there looking and bringing information that would probably go unnoticed, had it been left to just one set of eyes. This is really good news and should be emincely helpfull to my TBI claim I have been planning to submit.

Rockhound Rider :P

[john999]

Rock

Were you ever able to get a current diagnosis of schizophrenia, residual type. That means you are not totally psychotic but still affected by the disease. That is good enough for a rating. You don't become schizophrenic and then just get cured. You are always schizoid but may be in partial remission. That is the diagnosis you should have gotten from VA but they were intent on not compensating you so the PD. The idea that schizophrenia would just disappear and be replaced by a PD is absurd.

[Rockhound]

Rock

Were you ever able to get a current diagnosis of schizophrenia, residual type. That means you are not totally psychotic but still affected by the disease. That is good enough for a rating. You don't become schizophrenic and then just get cured. You are always schizoid but may be in partial remission. That is the diagnosis you should have gotten from VA but they were intent on not compensating you so the PD. The idea that schizophrenia would just disappear and be replaced by a PD is absurd.

Schizophrenia, residual type. I don't believe any of my Psychiatrists have ever heard of the diagnosis. Is this diagnosis listed in the DSM IV? If it is, I'll have to check it out and maybe show it to my current psychiatrist. But it seems that the current VA idea on schizophrenia is, if your not psychotic, then your aren't schizophrenic or have schizophrenia. Of course I disagree, I can be mildly schizophrenic and still have a grasp on reality, but be so effected by it, that it poses other psychiatric problems in my life, such as Depression, impairment to social and industrial adaptability, anxiety disorder, Sleep disturbances, voices wanting me to do harm to others. Their are numerable problems I could associate as residual problems that all have their beginnings to my first major pschotic episode and have no relationship whatsoever to any known personality disorder, especially to the one and type they labled with with. I'm hoping that in the coming months, but more like the next couple of years, I will have enough evidence to support all this, to open a new claim or a claim for CUE. But first I going to try and get my TBI SC along with it's associated problems, hopefully getting the personality disorder found to have been caused by the TBI, rather it being a that was present prior to service and the reason and cause of my psychotic episode.

Getting agitated. I tend to get so, when talking about my pschotic episode and the personality disorder they said it was. So I've said how I feel, I only need to support it with a supportable opinion, to win my claim and the cost of such an opinion is my only road block at this time.

Rockhound Rider ;) :P ;)