I have my DRO in person hearing in Buffalo on Friday.
Quickly, the topics are:
*Gain SC for my IVDS
*Get a full IVDS exam as spelled out in the VA Training Letter and C & P exam worksheet as opposed to just a ROM test.
*Increase my knee from 10% (mild) to 20% (moderate) disability
And now the tricky part...... I am going to request that my knee get rated at 10% back to my discharge in July 1994.
I am going to state that VA committed a CUE due to failing to notify me of a C&P exam in July 1994 (they gave me a 0% since there was evidence of a problem, but I was a no show. I have been 10% since 2007).
According to the VA my letter was undeliverable. They have the envelope that was returned (although they didn't include it in my free copy of my Cfile a few months ago!) in 1994 as undeliverable.
I have two envelopes, one my DD214 delivered to the same address 3 weeks before the C&P letter "couldn't" be delivered, the other an official college transcript delivered 2 weeks after the C&P letter.
I also have proof that I went to the VAMC for a Persian Gulf exam 10 days before the undeliverable letter.
There is no mention of a phone call to my apartment then, yet VA tried to contact me at that number 13 years later(!) to go to a C&P.
I also have read previously a case called Hyson vs. Brown from 1993 I believe (can't find the case again) that said that if a vet cannot be contacted and it is immediately after discharge, the VA should contact the vet's former unit and/ or next of kin to attempt to get in touch. (It also says the VA shouldn't be expected to move heaven and Earth to track down a vet, but must make an attempt).
I'm just wondering if I have a good case. The outcome of the CUE I would like to see is a 10% EED for the knee as there is more than enough evidence of a problem at the time of my discharge.
Any inoput and if anyone has any way to get the case of Hyson Vs. Brown (I think it was 1993) that would help!
Question
Quint7
I have my DRO in person hearing in Buffalo on Friday.
Quickly, the topics are:
*Gain SC for my IVDS
*Get a full IVDS exam as spelled out in the VA Training Letter and C & P exam worksheet as opposed to just a ROM test.
*Increase my knee from 10% (mild) to 20% (moderate) disability
And now the tricky part...... I am going to request that my knee get rated at 10% back to my discharge in July 1994.
I am going to state that VA committed a CUE due to failing to notify me of a C&P exam in July 1994 (they gave me a 0% since there was evidence of a problem, but I was a no show. I have been 10% since 2007).
According to the VA my letter was undeliverable. They have the envelope that was returned (although they didn't include it in my free copy of my Cfile a few months ago!) in 1994 as undeliverable.
I have two envelopes, one my DD214 delivered to the same address 3 weeks before the C&P letter "couldn't" be delivered, the other an official college transcript delivered 2 weeks after the C&P letter.
I also have proof that I went to the VAMC for a Persian Gulf exam 10 days before the undeliverable letter.
There is no mention of a phone call to my apartment then, yet VA tried to contact me at that number 13 years later(!) to go to a C&P.
I also have read previously a case called Hyson vs. Brown from 1993 I believe (can't find the case again) that said that if a vet cannot be contacted and it is immediately after discharge, the VA should contact the vet's former unit and/ or next of kin to attempt to get in touch. (It also says the VA shouldn't be expected to move heaven and Earth to track down a vet, but must make an attempt).
I'm just wondering if I have a good case. The outcome of the CUE I would like to see is a 10% EED for the knee as there is more than enough evidence of a problem at the time of my discharge.
Any inoput and if anyone has any way to get the case of Hyson Vs. Brown (I think it was 1993) that would help!
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