Possible Cue?

[caubulldog]

I was discharged as one of the members of the personality disorder that is infamous with the service. On my separation physical it clearly notes treatment for depression with notes to follow up with private care. I filed my original service claim within one year of discharge and the rating decision has no mention of the depression that is clearly marked on my physical. Since then I was inpatient once and am on outpatient long term treatment for depression. Is this a possible cue since it is clearly documented on my military paperwork? I have not filed for initial service connection yet on this.

[Wings]

An incurred disability may have been directly caused by service (e.g., a combat wound); or it

may be the remote result of some incident of service (e.g., cancer due to asbestos exposure); or it

may have simply begun coincident with service (e.g., diabetes). It is not required that the condition

be diagnosed during service or even be shown in the service records, only that the evidence

taken as a whole shows that the condition must have begun during service, or was the result of

service or some incident thereof, 38 CFR § 3.303(a).

A pre-existing disability which becomes permanently worse during service will be held to have

been aggravated by service, unless there is a specific finding that the increased severity is the result

of the condition’s natural progress. Generally, there is a presumption of aggravation when a

pre-existing condition increases in severity during service, 38 CFR § 3.306.

For conditions which first appear after entering service, the veteran is presumed to have been in

sound condition at the time of entry into service except for those conditions actually noted on the

entrance examination (this does not include conditions recorded by history only). This presumption

of soundness may be rebutted by clear and convincing evidence that the particular condition

existed before the veteran entered service and was not aggravated by service,

38 CFR § 3.304(b).

Service connection based on either incurrence or aggravation during service is called direct

service connection. Direct service connection may only be established for a chronic or permanent

disability. This can be established in any of several ways:

(1) The conditions listed in 38 CFR § 3.309(a) are chronic by definition, as a matter of law—if

one of these conditions is properly diagnosed in service, then it does not matter how long

after service the veteran first claims service connection or how long after service the

condition again becomes manifest; it is considered to be the same condition as was shown

in service, unless the present condition is clearly shown to be of intercurrent origin, 38 CFR § 3.303(b).

(2) Some disabilities are by their very nature permanent, such as amputations or scars resulting

from burns, combat wounds or surgical procedures.

(3) Continuity and chronicity may be factually established, by repeated episodes or recurrences

of the condition during and/or after service, 38 CFR § 3.303(b). The longer the interval

between service and the time the veteran claims service connection, the greater the amount

of evidence of continuity and chronicity generally required.

(4) In all other cases, there must be medical evidence or a professional opinion linking or

relating the current condition(s) to the disease, injury, or incident in service (the “nexus”).

[caubulldog]

Thanks I have current diagnosis of depression and 18 years of records.Just need my military psch records so I can present this to a outside mental doctor.

[carlie]

It is a matter of bad diagnosis from dod & va.

caub,

A claim for CUE due to "bad diagnosis from dod & va", will not fly.

Decision makers at the VBA are to adjudicate claim issues by using

the facts and medical evidence of record - even if something in it is incorrect.

A change in diagnosis is not for a CUE claim.

Only the evidence of record at the time the "CUE" was made can be used for adjudication.

[caubulldog]

You are correct Carlie,I do not see a cue yet. Eighteen years of retro would be nice but it is a big hurdle to jump. I will digest what everone has said and see what my national vso & doctor have to say on the best way to file this claim. I really need my full c file before getting started on a new claim. Got a joint c&p this month on a Bva remand.It will be six years of retro if I win and it is already service connected,just looking for more than 10%.