Cue Request, Goes Back To 1969

[dolin333]

Hi,

If I could get some of you folks that are familiar with CUEs to take a look at this, I would really appreciate any input. A couple of years ago I did my best to research the codes in use in the late sixties and there did not appear to be any changes in the verbage.

Thanks, Bill

2010_CUE_claim_pdf.txt

[Berta]

Yoweee Sounds a lttle like Myler V Derwinski- retro back to 1953.

Myler had a GSW clear through and through.

VA only rated him for one scar.Obviously a clear through and through gun shot would causes TWO scars -entry and exit -and also muscular damage.

Do you have copy of or know anyone who has a VBM by NVLSP?

They opine on Myler a lot.

One thing needs to be in the CUE claim- the exact regs must be cited.The ones that they broke.

Do you still have copy of the older decision ?

DO you have all SMRs, and all of your med recs?

There is plenty of CUE info in the CUE forum here.

A GSW can cause not only muscular damage but the scars must be rated properly.

Have you accessed the most recent regulations as to rating scars?

[Berta]

Here is some of our discussions here on Myler:

http://www.hadit.com/forums/index.php?show...amp;#entry18123

If you put Myler V Derwinski into the search thing up top of claims research-more will pop up.

[deltaj]

Hi,

If I could get some of you folks that are familiar with CUEs to take a look at this, I would really appreciate any input. A couple of years ago I did my best to research the codes in use in the late sixties and there did not appear to be any changes in the verbage.

Thanks, Bill

2010_CUE_claim_pdf.txt

Berta mentions Myler v. Derwinski and she is totally correct that this is a relevent case. I suggest you search online for the website of the U.S. Court of Appeal for Veterans Claims and then search there for case 90-1098 which is Bryan Myler v. Edward Derwinski. The abbreviation GSW in the case stands for gunshot wound. The retro on that case ran back to 1953. Your case sounds similar. I have read about several cases of CUE in DAV's magazine concerning V.A.'s failure to consider all the muscle groups injured in through and through gunshot wounds. I recommend you appoint DAV as your power of attorney and then have DAV represent you on the CUE claim. Were the wounds you had were through and through wounds?

[dolin333]

IMG_0001.pdf

Berta & Deltaj, Just wanted to thank you for the information, I'll definitely research it. To answer a couple of your questions, the right forearm was a through & through, the hip & thigh were entry only leaving 3 three inch plus scars with muscle damage and loss. I do have a copy of the rating decision (Which I've attached) and most of the med records which verify my request for a cue. I believe that the rater had all the info but he just used incorrect low ratings, if anyone thinks I'm wrong please let me know so I won't waste anybody's time

Thanks