Clear Unmistable Error Cfr 3.105a

[Mcafee]

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

[john999]

Mcafee

Try and get a lawyer to take your claim. Since you need to file your CUE at the BVA it is important to get the wording right and to get the fine legal points down pat. These CUE claims are hard enough to understand without the BVA throwing it out due to some "pleading error". If there is retro involved you should be able to get some legal eagle to take the case if it has any chance of being a winner. 80% of something is better than 100% of nothing. The lawyers charge 20% of the retro.

[Berta]

Title 10 won't help with this claim.

VA only cares about Title 38

every reg you need is here at hadit under a search-

38 USC aka Title 38 ----these are the regs and usually the dates of the regs)

also BVA decisions contain often the earliest dates the regs were developed.

38 CFR is the VA interpretation of those regs

and M21-1 is the VA handbook as to how to apply the regs.

Everything is right here at hadit-

also you can do what I used to have to do prior to the internet and access your closest law library where they have Title 38 and all of the supplements.

Unfortunately these law libraries charge for copies-

my closest law library would even limit me to 20 xeroxes.

I would get 20 copies, pay for them, leave the library ,go over to the local VAMC and BS with some vets for a while, and then return to the library a few hours later to get 20 more.

No one has to do that these days. Every single reg a vet needs is here at hadit and at the VA web site too.