hypertension Is This A Cue Error On The Ro's Desision After Bva Appeal

[ztecman]

• I was assigned a 100% service connected rating on 09/02/80 effective date 04/08/1980 (LAW PROVIDES THAT SERVICE-CONNECTED AWARD PAYMENT IS RETROACTIVE DATE OF SEPARATION PROVIDED CLAIM IS FILED WITHIN ONE YEAR OF DATE OF SEPARATION)
  

a. My date of seperation from the USCG was "08/04/1979"

b. I have the "ORIGINAL COPY" of DISABILITY COMPENSATION AWARD "VA FORM 21-6782" in which

paragraph 1 states:

1. "This award has been made to you for the following SERVICE-CONNECTED award has been made to you for the following Service-Connected Condition(s) with a combined evaluation of 100%. This combined rating is not arrived at by adding the percentages of your disabilities but is computed in accordance with a combined rating table.

CONDITION

S/P Left orchiectomy and Retroperitoneal Lymph Node Dissection SECONDARY to Malignant Testicular Tumor 100%. You are entitled to a Special monthly compensation Benefit on account of Anatomcal loss of a Creative Organ effective 6-16-80."

2. I was notified on 2-12-82 that compensation was being reduced from 100% to 10% due to improvement in my Service-Connected Condition. I filed a Notice of Disagreement with and received no increase in compensation and no mention of my secondary condition caused by the Malignant Testicular tumor. Decision received from RO on Dec 23rd 1982 was continue the 10% evaluation for risiduals of Testicular Carcinoma again not mentioning THE SECONDARY CONDITION AS STATED IN ORIGINAL DISABILITY AWARD DATED 09/02/1980. VETERAN WAS FURNISHED WITH A "STATEMENT OF THE CASE". THE VETERAN THEN FILED AN APPEAL WITH THE VETERANS BOARD OF APPEALS IN WASHINGTON, DC HEARING WAS SET FOR SEPTEMBER 14^TH 1983 which I personally attended with an American Legion Rep. THE BVA REMANDED case to RO. The RO again failed to recognize or mention Secondary condition stated in Original Disablity Award of 09/02/1980 that was that was caused by Malignat Testicular Tumor. Was there (2) two CLEAR AND UNMISTAKEABLE ERROR'S (CUE) #1 being I was not paid back to my date of separation, and #2 being Failure to consider the Secondary Condition caused my Malignant Testicular Tumor by the RO?

Any thoughts or input on the above matter would be appreciated, I had another bout of Testicular Cancer in 1989 and have long term effects of the Chemotherpy I had in 1980 ie; hypertension, loss of teeth, feel fatigued all the time, and haven't held a job since 1996, trying to get by on the 40% SC rating I currently have.

Thanks,

ztecman

[jbasser]

§ 3.400 General.

top

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a))

(a) Unless specifically provided. On basis of facts found.

( Disability benefits —(1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose.

(i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran.

I hate this reg because it is not fair to veterans.

J

[poolguy11550]

What is your goal? Where are attempting go with this?

[carlie]

ztec,

I am sorry but I do not understand your post.

What is your question?

carlie

[john999]

zetcman

So the reduction from 100% to 10% became a final decision and you are wanting to know if you can file a CUE? Is that right?

[ztecman]

zetcman

So the reduction from 100% to 10% became a final decision and you are wanting to know if you can file a CUE? Is that right?

Hi John999,

Yes, being the secondary condition wasn't mentioned.

Thanks

ztecman