Va Mistake

[nanaeris]

On my initial decision for knee disability the VA denied my claim for knee disability in 1976. They stated I had osgood schlatters disease before I entered the military and it was not aggravated by military service. I finally got hold of my military medical records. The first time I seen a doctor it was after a training exercise and playing basketball. The orthropedic doctor diagnosed my condition as patella tendonistis and chondromalacia. I had the same problem after combat training for Air Force Security Policeman, I was given a temporary profile change and I was fine. When I deployed overseas, I was assigned flightline security, and started having problems with my knees. One day I was assaulted and fell on my knees, the X-rays showed I had osgood shlatters disease. Somehow the doctors determined I had this before I entered the military. They did a MEB stating this pre-existing condition was permanment aggravated by military service. I was sent to a stateside hospital for evaluation. The orthropedic doctor stated I had osgood schlatters disease and chondromalacia. The MEB report stated osgood schlatters disease was permermant aggravated by military service. The Air Force PEB board stated I had a pre-existing condition that wasn't aggravated by military service and I should be discharged. The final MEB report stated it was aggravated by military service. When I filed a VA claim in 1976 they denied my claim. In 2001 I reopened the claim for service-connected disability being denied by a rating specialist and DRO and contacting the BVA my case was granted. This time included osgood shlatters disease, chondromalacia, and the surgery I had. Although I asked about the presumption of soundness as my induction physical was normal I can't get an answer. I looked at my induction physical and it states I was 5'10" and when the x-rays taken after I injured my knees did not show osgood schlatters disease. Now when the x-rays taken when I was stationed overseas stated I had osgood schlatter disease, I had been in the military over 2 years. The MEB physical given overseas stated I was 6'1/2" so I had grew 2-1/2". Now I know osgood schlatters occurs when kids are growing. I contend that my osgood schlatters disease occured while I was on activity duty and not before I entered the military as the military stated. Also the three MEB reports stated my condition was permanment aggravated by military service but the PEB does not. If their is doubt does it go to the veteran? Is this grounds for a CUE back to the original denial date?

[Philip Rogers]

The lastest one took 4.5 months. An earlier one, I assisted on, took 5-6 yrs and won an EED back to the mid '50's. The other one took about 12-15 months. I have one more but will be dropping it because the issue is moot, due to my current win. If you have a clear CUE they are easy to win but can take some time because of the way the VA mishandles them. Remember they are paid based on "work product," not actual work, properly completed. So the easiest route off their desk can be to mishandle the claim, which guarantees future work. jmo

pr

Congratulations on the CUE wins Phillip Rogers. How long did it take??? I have a strong, prior to late 1980's CUE, however I felt that it would take too long and would be too aggravating. So when I wrote in for a correction, the VA changed it to a new claim and then promptly denied it. LOL. I sometimes feel that I'm just adding to a VA employee's 401K, while they take up space.

[seal]

reading this topic, is very helpfull, I do have a c u e for final decision made by va,In 1994,as I had a qriginal claim ,that va failed to work,on this remained a opened non adjudicated pending claim,under va failed to sympatheticlly develop,this claim, Is a cue,when evidence applying to the claim,did have a evidence to prove eligible for compensation,not raised by the veteran is cue, cue Is very rear,and rarely successful, In my case of 1994,va made a final decision, I did not send in disagrement or appeal decision,arter a year, the final decision both va and the veteran are bound to this decision, my final decision was p&t total non-service connectioned conditions .I am 100% service connected,va Is bound to this final decision, as well,as the veteran,also this decision,made the pending claim In 1978,final,for once va made the decision,In 1994, 1978 lost the status,as pending,and became adjudicated under cue, Cue Is very rear,rarely successful,however It Is an enormously,beneficial remedy when propererly applied, Just what I think, never send a letter of disagrement, If the claim Is In, your favor or not what you want,If you do not send disagreemennt,the va and the veteran are bound to final decision,as stated,va now has a clear & Uunmistakable error,they are bound to,under the relvant regulations cue must prove 1,2,3, only a final decision can be cued, on va or bva, the word of final decision Is cue, never re-open a final decision,for new evidence Is required,and the cue claim ,clearly, states you cannot use new evidence,In cue, but you can use the claim pending under cue.va Is bound to my final decision,and will not challenge the final decision,the final decision Is over the 1 year requirment,and va Is bound to the decision I am non-service connectad conditions p&t final decision 1994 Is cue, SEAL

[lostinnd]

Have a question I just got a decision and they granted me three things on my claim, but they said since not on any meds for any of them rated at 0%. But the rater made a mistake I am on meds and have been on lots of meds for the things I was rated for. I got Hypertension and mitral valve and dialated cardiomyopthay they combined the last two and rated as 0% and I am on 4 heart meds, have needed two stents and I am on meds to slow down the heart lower blood pressure, all total I take 5 meds for it. What is someone to do I asked today and was told I have to appeal it. this is not fair as the rater did not even read my medical records it seems like?