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Clear Unmistable Error Cfr 3.105a


Mcafee
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Hello all hope all is well. I am having a difficult time as to how to broach this claim. Do I file it with VARO or do I file it with BVA.This is an unappealed decision made by BVA back in 1980 for service connection and compensable.In other words BVA denied this when I filed for an increase or service conection and I never followed up or pursued it any further.Now the Question I have is, Knee surgery while in the military spent 50 days in the hospital and yet when I was discharged never received any compensation for this until 1982 is my award letter for 10% for musculolskelatel condition according to this award letter.However while in the service both knees were check for this injury and both knees went through rehab only one had surgery reason (Osteochondral fracture with dislocation to the patella) it took most of the fall during combat exercise at night.And in SMR this is well documented from Physical theraspist and Physician and yet VARO never honored the service connected injuries or condition? (VARO called it post operative residuals?)I do know of the USC Title 10 code for no soldier shall be discharged without a Compensation and pension in place or offered prior to discharge from Active Duty.But that pertains to the US ARMY LAW not VA LAW. Sorry for the long post and Thank You for Your help God Bless

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Mcafee,

Rating Decision dated XXX

Denail stated _________________________what?

Legal error made is ________________________what?

carlie

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McAffee -

1) Do you know when the USC Title 10 code law took effect? I certainly wasn't offered any exam when I got out of service 30 years ago and I was seeing a shrink on post weekly.

2) Can you post a link to it?

"I do know of the USC Title 10 code for no soldier shall be discharged without a Compensation and pension in place or offered prior to discharge from Active Duty."

Sorry I only have a question about your post and nothing to offer. Carlie and the others will be of great assistance, I'm sure.

Thanks,

TS Snave

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Thank You Carlie Lady GOD Love You ! this is correct link however this only pertains to US Army Law or Military LAW not VA LAW.I need to find VA LAW so The definetion is clear as for time date and place for what was not consider during the initial process for claim and service connection compensation and pension. Which i believe is CFR 3.105a inthe line of duty and others for CUE claim.VARO and BVA did not consider or apply Active Duty Hospitalization surgery all the diagnostic codes such as Scar 8 inches long along the knee,and so forth.I also was rated finally in 1982 for postoperative residuals10% what the heck is that all about?so this is what i do not understand that the VA and BVA made a decision in 1980 denying service connection for these conditions along with others that are in SMR.I have no Idea as to proceed?Other than attaching all the necessary codes for this.and file for service connection. Complicated to say the least. Thank you all.

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You would file the CUE to the BVA since they made the decision.

First you must pull the regulations that were in effect when the decision was made.

Then you must develop the CUE to justify your point as to what event was considered cue and it must show where the decision was flawed.

It has to be a situation where reasonable minds would not differ in opinion.

J

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J Basser (First you must pull the regulations that were in effect when the decision was made.

Then you must develop the CUE to justify your point as to what event was considered cue and it must show where the decision was flawed.)Thank You This is what I have been researching and can not find that specific Regulation for the indifference of not including all necessary SMR information.They also did not include Mental Health Evaluation for which during Hospitalization I had a break down and said I wanted out and the mental health physician concurred immediate seperation upon returning to unit.One of the reasons for seperation is Not conforming to Military Standards for retention,which is also in SMR but was never addressed upon initial claim for service connection conditions. I am stumped . I may not know the Regulations of the time but what i do know is this whole mess of a system only makes a bad situation worse when in fact all necessary information is written down and interpretation is clear as to what is presented now the difficult problem is attaching these regulations to them. Correct?Like a Dictionary? I would not know where to even look for these regulations of that time period 1978. Thank You

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