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nanaeris
I have been reading some of the replies to question. My question is what is the difference between CUE and Earlier Effective Date. When I filed a claim for bilaterial knee condition back in 1976 I was denied. When I re-open my clair in 1998 I won on appeal. When they denied me in 1976 the VA stated I had Osgood Schlatter Disease that pre-existed Military Service and wasn't aggavated by military service. I have asked over the years what evidence they had to come to the conclusion I had Osgood Schlatters Disease before I enlisted in the military. The only thing I can see in my military medical records is a statement by a doctor that said I stated I had pain below my knees when playing basketball when I was sixteen. I look at my Induction Physical and I was 5'10". When the doctor stated I had Osgood Schlatters Disease, I had been in the military over 2 years and grew to 6'1/2". Since Osgood Schlatter Disease usually happen when your are growing, I think it happened while I was in the military. I don't see where the VA applied the Presumption of Soundness law in their initial denial notice. When I reopen my case in 1998 I pointed out to the VA this fact and I also all the other bilaterial knee problems I had been diagnosed with while in the military. I had had two surgeries on my knees since leaving the military and both were related back to the military. I had asked the VA to evaluate these other conditions when they sent me to a C&P exam. Naturally they ignored me and had me evaluated again for Osgood Schlatters disease only. The doctor that evaluated me stated that more likely than not military service had aggravated my knee condition. The VA still denied me. This time I appealed. I took all my military medical records to the VA Regional Office in LA and know one would answer my question why all these other conditions where not included in the C&P exam. I could not get an answer. So I sent an e-mail to Washington DC and was suprised I got a call back and three days later my disability was granted. My question is since non of the other knee conditions was included in the initial C&P exam and denial and was included in the 1998 appeal decision, is this a CUE or eariler effective date to ask for. It is easy to prove I didn't have Osgood Schlatter Disease before I entered the military and all the other knee problems I had is part of my military medical records. I can't see in any of the VA records where they stated what information they had that I had Osgood Schlatter Disease before I entered the military and if they do they won't tell me. Can someone in this forum give some advice wheater I have a case or not.
Thank you,
nanaeris.
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