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 the new TBI rules posted here.

http://ecfr.gpoaccess.gov/

[Rockhound]

Rockhound,

Found the new TBI rules posted here.

http://ecfr.gpoaccess.gov/

Angela, THANK YOU VERY MUCH! I guess I either missed the revision or was looking in the wrong area. Non of my search criteria came up with anything like what you found for me and I am sure this will help others as well.

My problem is that they throw in a knuckle ball, in that to be re-evaluated under the new criteria, it appears you give up an EED earlier than the inactment date of this new criteria for TBI's or injuries due to head trauma or cerebral concussions, or any other type of head trauma that would otherwise be classified under the new criteria for TBI's

I was denied service connection for my TBI in 1973, when it clearly should have been, regardless that their were no residuals noted at the time. The mear nature of the injury should have been SC and given a 0% disability, just as my Nasal Fracture, which was SC and given a 0% rating at that time. I do not want to give up any possiblity of a EED if I can in any way prove that I should have been service connected back then and that the growing problems I have had since then show a history or worsening of residuals I present today. Ihope I am making some sence at what I am trying to comvey. It seems to get more and more difficult to do as time goes by, which is one of the problems I see is associated with problems caused by a TBI.

Thanks again for the info, now I can start developing my claim to have my minor cerebral concussion, revisited as a TBI and more likely than not, as secondary to the injury that resulted in my SC Nasal Fracture and deviated septum.

Rockhound Rider. :P ;)