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Need Help With This Problem With Va

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Guest elizabeth

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Guest elizabeth

i have a question maybe someone can help my husband srrved in air force 46-49 he was in the hosiptal 5 months in 52-56 he was in the navy he was there the night they sunk the hobson in 1978 he tried to put in a claim for air force and navy va stated no records found in 1994 he tried to get a penson he was denied for penson but letter did state accoring to your rectors of 1948 proof va lied we got a copy of file to our surprised a ro had re opened his claim in 1993 va never told us he has compasation in 2001 va gave 100%we have a helpless child we would like to add on as a dependent va will noy let us i feel duty yo assis would apply because he got ssd for shoulder 100% in 1993 va denied the claim i feel lrtter in 1994 would back up letter in 1993 would back up 1978 -1978 would back up 1948 i want compensation at 100%+ VA SAYS no way we have all original paper work to prove our case i might also add they will not give him a insurance policy any information would help we will not let this go to bva we don't trust we are going to get a lawyer ELIZABETH

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I dont see how a lawyer can help you-

what is his current rating? 100% as of 2001?

Has he asked for higher rating?

What reason did they give that they will not add his dependent child as a dependent?

a helpless child per the VA " became before age 18, ""permanently incapable of self support".

38 CFR 3.315

This determination is made with medical evidence of current and past disability.

The child must remain unemployed, unmarried, and permananetly disabled.

I would imagine that a "helpless child" is eligible for SSA or SSI-

if they get these benefits that too is proof to VA of disability.

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Guest elizabeth

thank you for you support the 100%is for ptsd we did ask for a increase i am working with newark nj the worst ro in the nation they even made 60 mins. va will not accept ss records as proof my son is 42 years old now so medical records are gone to prove helpless child issue his ss started at age 20 however his slides were sent to air force path in washington air force made a mistake on slids additional slides were sent back but after age 18 va never wrote to doctors or air force path for proof va keeps saying we need medical records we can;t ger medical records doctors have died records are gone one doctor is still alive he is still my son;s doctor he wrote letter for my son va will no accept letter as proof because they claim they need medical records the doctor doesn.t keep records back that far but the hospital and air force would have them i gave them doctors and hospital to get needed information they failed to get anything i have a soc ssos in ssos i state cue duty to assis plus benifit of doubt this case goes back to 1948 we sent claim in 1978 my son was only 15 ys old our claim came back no records found in1994 we filed for penson va denied penson but stated from your records of 1948 so va had records in 1978 i have proof of what i say because i got records in 2000 i might add a ro told va in 1993 deny penson reopen claim sc for ear and other get records from air force navy and smr va never told us about this.here my husband was on compensation since 1993 however i pointed out to va letter from 1994 will back up 1978 because 1978 was for 1948 1993 will back up1978 and 1974 will prove everything i stated i might add my husband was on the uss wasp the night they sunk the hobson 173 men were killed any salior on that ship thst should get 100% no questions asker also my husband can;t get ins policy because ins stater you must be discharged after 1951 52-56 he was in navy i don;t see how we can win thank you ELIZABETH

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You stated:

"ssos in ssos i state cue duty to assis plus benifit of doubt this case goes back"

CUEs unfortunately are not dependent on violation of Duty to Assist or Benefit of Doubt errors.

If that were the case , practically everyone here could file CUE claims-

It depends on legal misapplication of VA regs at time of alleged CUE, that- had the errors not been made the outcome would have been different of the initial denial.

There certainly could be a CUE basis to your husband's initial claim-but still hard to determine-

In these old letters from the VA :

"however i pointed out to va letter from 1994 will back up 1978 because 1978 was for 1948 1993 will back up1978 and 1974 will prove everything i stated i might add my husband was on the uss wasp the night they"

if the VA made legal error in any denial that was not appealed- there is always possibility of CUE- but you must state the legal errors they made, the actual regulation they misapplied.

CUE claims can be searched and studied at the BVA web site-a good way to see what is and is not a CUE violation- and many are denied becuase the claimant failed to state the exact VA regulations that were broken,the entire basis for a CUE claim-

It appears you raised the issue of CUE already- and it is not too late-as far as I can tell for you to refine the alledged CUE and state to VA exactly what regulations they broke in the old denial decision.

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Guest elizabeth
i have a question maybe someone can help my husband srrved in air force 46-49 he was in the hosiptal 5 months in 52-56 he was in the navy he was there the night they sunk the hobson in 1978 he tried to put in a claim for air force and navy va stated no records found in 1994 he tried to get a penson he was denied for penson but letter did state accoring to your rectors of 1948 proof va lied we got a copy of file to our surprised a ro had re opened his claim in 1993 va never told us he has compasation in 2001 va gave 100%we have a helpless child we would like to add on as a dependent va will noy let us i feel duty yo assis would apply because he got ssd for shoulder 100% in 1993 va denied the claim i feel lrtter in 1994 would back up letter in 1993 would back up 1978 -1978 would back up 1948 i want compensation at 100%+ VA SAYS no way we have all original paper work to prove our case i might also add they will not give him a insurance policy any information would help we will not let this go to bva we don't trust we are going to get a lawyer ELIZABETH
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