ptsd What Is Va Doing?i Need Help

[Guest elizabeth]

I would like to run this by all as things are at a mess at va first my husband was in the air force 46-49 he was in the hospital 5 months in japan in52-56 he was in navy on uss wasp the night it sunk the hobson. in 1978 he put in a claim for hospital stay in 48 va stated no records found in 2000 we got his files all his records were there in 1994 found in records a so stated to re-open sc for ear and raidation va never informed him of this action i haved filed duty to assis on the fact no records found i also filer duty to assis for cue or 1993 in 1994 we filed for a penison we were denied but va did state from your records of 1948 so va had them in 1978 any way this is ehere we are now he got 100% for ptsd now we have medical records to prove unemployable ssd 1993 va dinied his claim they even deny his shoulder stated on ro in 1993 to re-oprn claim sc for ear the ptsd and shoulder are from navy we have a helpless child over 18 we would like to add him on as a dependent i have a letter granting my husband 100% for air force and navy have fax fron va to champ stating with hole effected date supend 30 days expires in 30 in 30 days i state all service time must be back to 1948 and 1952 at 100%- my son added on a time of birth also i might add in 1994 va gave he 100% for non service connection i have responed with duty to assis benifit and cue pppplus they wanted medical records of my son i gave them all doctors names tu contact va never wrote to any doctors will state thst. mind you all this came from va records va claimed did not have in 1978 now we are at ssoc we have duty to assis benifit of doubt cue i would like help from members you might know something i don.t i think my husband should get 100% for each service + back money due him our son added on to his birth myself added on at marriage va had this information kert back 58 years they always had the records that;s how we found out thank you Elizabeth

[Berta]

I have replied to you three times on this matter-twice on April 29th and also in my IM section-

I posted the Helpless child regs here in April and they can be found through a search-

"i think my husband should get 100% for each service + back money due him our son added on to his birth myself added on at marriage va had this information kert back 58 years they always had the records that;s how we found out thank you Elizabeth"

"now we are at ssoc we have duty to assis benifit of doubt cue i would like help from members you might know something i don.t i think my husband" etc----

A CUE claim is the only way to potentially recover an earlier effective date-

As I stated before a CUE claim- which you state you filed -does not depend on Duty to Assist or Benefit of the doubt regulations.

A CUE is only filed on a final decision- never appealed and must clearly state what regulations (in existence at time of alledged CUE) were broken.

"i also filer duty to assis for cue or 1993 in 1994 we filed for a penison we were denied but va did state from your "

The BVA at http://www.va.gov/vbs/bva/

has CUE claims that you should read carefully to see how the vet succeeded or why they didn't.

If the SSA award your husband got in 1993 was not considered in the pension denial in 1994-

that possibly could help the CUE claim.

also this reg might also help: 38 CFR 4.2

"In considering the severity of a disability it is essential

to trace the medical history of the veteran. 38 C.F.R.

§§ 4.1, 4.2, 4.41 (2005). Consideration of the whole

recorded history is necessary so that a rating may accurately

reflect the elements of disability present. 38 C.F.R. § 4.2;

Peyton v. Derwinski, 1 Vet. App. 282 (1991)."

from :http://www.va.gov/vetapp05/files5/0533007.txt

This is a CUE claim which was denied but contains much BVA rationale to show why it was denied.

I am thinking that the Pension was denied by VA in 1993-or 1994 due to the fact that your husband got SSA award which might have knocked out the amount of the pension.

If the reason for that denial however, was due to not finding service connection,yet the VA had SSA records that showed SC disability caused unemployment-that decision could be CUed using the reg above .

Peyton V West, http://webisys.vetapp.gov/isysquery/irlc371/1/doc, also might provide the regs that you need which were in existence at time of the unappealled 1994 decision.