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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Papa

Cue Old Denial

Question

While doing some research on another matter, I came across a VA denial letter regarding emotional ans nervous. The VA acknowledges that I was sent to a psychiatrist in the service for a mental problem. The Veteran was referred for psychiatric consultation because of the burning problem (I later found that I have Herditary Angioedema). There was no psychiatric pathology to account for his problem. The denial letter also states that at my separation evaluation noted no psychiatric disability. At separation I did not see a shrink, and like most at that time just wanted out. Rating held that mental and emotional disability claimed by veteran was not shown by the evidence of record. Although veteran had complaint referable to mental or emotional problems in service, a psychiatric diagnosis was not established nor do post-service records show evidence of any psychiatric disorder resulting from service.

I realize that this was around 1973-75 time period, with different rules and regulations, and I most likely screwed up. But, it appears that all the VA went by was what was in my military records. They did not have a psychiatrist evaluate me at that time. If, they had they would know that I was suffering. Like most Vets at that time was suffering from PTSD, but did not know what it was and would not seek help because it made us seem weak.

Is this worth a CUE? BTW, I have a C&P for PTSD coming up next month.

Papa

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If you don't have any evidence in your file or that should have been in your file when this decision was made that would rebutt the VA's denial you are probably screwed. CUE standards are very strick and lofty. The VA just used my military records and VA hospital records. I did file a CUE because they excluded medical information form my file. You have nothing to lose by filing. It will take years if you want to pursue it.

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Papa,

I do not believe there is a CUE there

Because

At that time your claim had to be "well grounded" prior to a decision maker

even requesting a C&P or any other medical exam and/or development of the claim issue/s.

If the VA did not find the claim to be "well grounded at that time, then the

claim was dead in the water from the get-go.

This is the main and most important reason that the VCAA was put into the regs. in 2000.

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Carlie,

I take it this law was not Grandfathered.

Papa

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Do you know that even if the VA did not include appeal rights in a decision that is not a CUE. No matter how unfair a decision may be the BVA says that does not rate as a CUE. I sometime can't get my mind around the concept. Even if the VA did not consider SMR's they say unless those records would have changed the outcome of the decision then there is no CUE. You are sort of asked to prove a negative. The CUE is an imaginary creature like the unicorn.

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