To Our Cue Affectionados

[Berta]

This is quite a decision, and not the first time a paranoid schizophrenic veteran was able to turn the tide-

WOW -EED back to 1982.CUE granted.

THANK YOU Delta!!!!

[Berta]

to add -this vet received an admin discharge due to antisocial personality disorder-

VA in 1982 denied the claim stating their was no evidence in the service records of treatment for any neuropsychiatric condition.

In 2000 Mr Groves filed a CUE on that final unappealed decision.

The BVA did acknowledge there had been a inservice diagnosis of schizophrenia,but somehow concluded there was no nexus between that and the veteran's service. (say what?)

The CUe was denied by the BVA and the veteran motioned the BVA for reconsideration, was denied again and then appealed and won his CUE at the CAVC.

I know paranoid schizophrenic vets personally. Not one of them is without intellect and common sense.

It makes me sick to think that VA can perhaps try to put something over on any mentally disabled vet as it appears they tried to do here.

Mr Groves raised some good arguments in his appeal.

This case also shows how legal error is defined and occurs within medical evidence.

I dont know what the vets SC rating is but he was awarded retro from 1982.

One must NEVER give UP.

Edited January 4, 2009 by Berta

[gp747]

to add -this vet received an admin discharge due to antisocial personality disorder-

VA in 1982 denied the claim stating their was no evidence in the service records of treatment for any neuropsychiatric condition.

In 2000 Mr Groves filed a CUE on that final unappealed decision.

The BVA did acknowledge there had been a inservice diagnosis of schizophrenia,but somehow concluded there was no nexus between that and the veteran's service. (say what?)

The CUe was denied by the BVA and the veteran motioned the BVA for reconsideration, was denied again and then appealed and won his CUE at the CAVC.

I know paranoid schizophrenic vets personally. Not one of them is without intellect and common sense.

It makes me sick to think that VA can perhaps try to put something over on any mentally disabled vet as it appears they tried to do here.

Mr Groves raised some good arguments in his appeal.

This case also shows how legal error is defined and occurs within medical evidence.

I dont know what the vets SC rating is but he was awarded retro from 1982.

One must NEVER give UP.

i noticed where paranoid schizo was considered a psychosis and psychosis is

from my understanding presumptive , that should have applied to my 1971 claim

am i right?

[john999]

I just wonder how the Court of Veteran Appeals could have said their was no CUE "because resonable minds could have believed that he was discharged for being an anti-social personality rather than his being discharged for being a paranoid schizophrenic." The record did not show any indication of anti-social personality. All it takes is a command that wants to not pay a disability pension, and a couple of doctors who want to please their command for this to happen to any of us. It happened to me, but somehow the VA service connected me within one year of discharge. Someone must have slipped up rather than screwing me all the way down the line like they did the guy in the court case.

[Berta]

It could possibly apply to your claim Skunk-

The Fed Circuit decision here ( I got this confused- the Fed Circuit reversed the CAVC on this one)

spells out the presumptive regs and also how "subsequent manifestations" of the same chronic disease played into their decision under the interpretation of 38 CFR 3.303 (on page 5)

A doc had even ruled out the PD diagnosis anyhow- and it is beyond my comprehension how this claim took so long to be properly resolved.

Chronicity and continuity play into the presumptive chronic disability regs expanded on in page 5 and 6 of this decision.

This vet had medical treatment records showing his schizophrenia was chronic and continuous from service.