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Is This A Cue Claim?




First, I'll start with a little background.

A)2004 discharged from the Navy (Personality Disorder)(FMF Corpsman)

B)2007 officially diagnoised as having Chronic PTSD, Chronic BiPolar (private shrink)

C)2007 Awarded FULL SSD benefits (PTSD,Bipolar), 10% Service connected.(PTSD)

From 2007-2009, I was in severe depression, hardly left the house, and only went to my Shrink Appointments, because I did not have insurance, I could only see a Counselor, who was able to keep me on medication.

Feb 2009, I started to use the services of the VA for my mental health treatment. To my surprise the private shrink that I had been seeing before, now worked at the VA and would be my doctor. He was VERY upset that I was only rated 10%.

With my 2007 Diagnosis my shrink filled out a Medical Verification Form which stated that I was permanantly unable to work, which was submitted to the VA, He stressed that my condition was SEVERE, and that my disabilities were a DIRECT result of my military service.

March 2009 my shrink DEMANDED that I IMMEDIATELY file for an increase and resubmit the evidence that was submitted with the original claim. I did.

I received the VCAA notice in December 2009, and sent it back in.

I then sent the Medical Records, Shrink Evaluation, and Medical Verification Form certified, and received confirmation that they had been received at the VA.

I received a rating on March 4, 2010, with an increase to 30%, but the evidence submitted was not included in determining my claim, they went off VA records, and I got a copy, and my symptoms had been the same since day one, as documented by my shrink. The C&P examiner stated that my disability more closely equates to 30%

I called and told them my information was not included, and they said I needed to file a reconsideration claim, which I did on March 15, and REsubmitted the evidence. I contacted the American Legion and they said WITHOUT a DOUBT I should have been rated at 90-100%.

I also filed for a secondary service connection disability for BiPolar.

Would the rating of 10% be a CUE, because I was increased to 30%, and will hopefully be increased to 90-100% using the same information. I was very under-rated at 10%, my symptoms had always been severe, NEVER mild.

Edited by ollieee6
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