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Terry- Your Cue-


Berta

Question

Terry-on page 4 of the BVA decision you got dated 3/16/99- the BVA stated that the 1980 MMPI

"Shows the presense of obsessive thinking and resentment which are similiar to the symptoms recorded in 1976 and 1977."

Terry was in active service then.

"The report further indicates that these symtoms, in part, were suggestive of paranpid schizophrenia."

"The Board finds this evidence is probative as to whether schizophrenia is related to service and manifested within the one year presumptive period. Accordingly , it is the board's judgement that the evidence received since the December 1982 Board decision is new and material and the veteran's claim has been re-opened."

Terry - I see this as circumventing Bell-

They had this in the record -because they say "recorded during 1976 and 1977."

Am I missing something?

The 1982 decision-

did they give these symptoms a diagnostic code at all?

That would be where a CUE could occur-

I fretted about Bell when I filed my CUE in 2004.

Then I realised that the records were in VA's possession anyhow- some where at General Counsel and VACO-at the time of the CUE I alledged but still they were in VA's possession in regards to a SMC CUE in a 1998 decision.

If the mil or a VA 'recorded' these symptoms and found them suggestive of (in that report they refer to)

paranoid schizophrenia- in 1976-1977-they are saying they were in VA's possession.(even if as part of your SMRs)

Any thoughts?

Also- I dont get this -say vet gets denied in 1979. SMRs burned at St Louis.

Vet contacts NARA in 2005 and gets his SMRs and they contain the nexus etc.

He re-opens on April 1, 2005 with the SMRs and gets award and retro back to April 2005---DUH!!!!!

So he CUES the older decision too-Bell cannot come into play here can it?

Can they say the records were NOT in VA's possession because they were obviously misplaced at NARA?

(Or VA did not even attempt to get them- therefore they were not in VA's possession)

Edited by Berta
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