Simple Claim For Vietnam Injury Now A Cue?

[NSA-Saigon-ET]

Edited June 8, 2011 by NSA-Saigon-ET

[NSA-Saigon-ET]

Edited June 8, 2011 by NSA-Saigon-ET

[pacmanx1]

NSA, This is the correct form that Berta is talking about. After I got out of the military, I found out that I had several awards missing from my DD form 214 and I filled this form out and sent it in. I received my DD form 215 with my additional awards listed.

http://www.dtic.mil/...orms/dd0149.pdf

[NSA-Saigon-ET]

Hi all,

I just mailed out the request to Wash. D.C. for records correction this morning. I used the correct form and also included a copy of the archived medical record from my in-hospitql stay.

I also referenced my VA claim and included a copy of one of my claim statements from my C file detailing the event and others.

Finally. I also included a few remarks stating that this late filing is due to not knowing until last year where the archives were kept. It also references my last two attempts to be awarded the PH, but that I hadn't used the correct form , only hand written letters and were sent to the wrong department.

Well, back to waiting.

Again, thanks for everyones input.

[Philip Rogers]

I see this as a CUE, for the VA not securing records, especially when you gave all the needed info.

pr

First, let me thank Carlie and Berta and the rest of you for your responses. I greatly appreciate all help in my claims struggle with the VA.

Here are some additional notes for this issue.

I did not file a NOD in time and so it would be considered definitely a closed claim issue since 1994.

In 2007 I tried to re-open the claim with some info I had gleaned from the Internet. It stated that my record for treatment would be found at the NPRC archives. I foolishly thought that the VA would stop what they were doing in order to find my record, but alas they did not and upheld their original denial.

I know now

The only two ways around this is when "new information is discovered" or that a "CUE" existed in that rating decision.

In this case, the information I found and submitted with my NOD will definitely verify my injury and may certainly be "new and pertinent information" to the claim as they have never seen the documents before now.

That will at least cause a reversal and award me the disability.

However, my concern is that this same information has been available to the VA all this time and that they neglected to follow their own process to retrieve it or to notify me of their failure to do so.

Remember, that in my original statemens to the VA in support of my claim I submitted when the event happened, where it happened, and where I received treatment(Third Field Hospital in Saigon,RVN) and for how long. Also included was witnesses and my full name and service number and also my Social Security number. There were also service examinations which noted the scar on my foot. there was even one exam which actually noted the scar had moved to the other foot. (I found this now to be hilarious that a medico could not tell left from right, but I didn't notice this discrepancy at the time)

In 1994, I was not aware where such records were kept and simply assumed that the VA would simply do the right thing and find these records. After all, I had given them all the info they needed to aid in my claim. At that time I did not know what was in your medical records or Personnel folder.

Many years has passed and it wasn't until a short time ago that I learned where the records were and that I could request them myself, which I did.

They have been submitted to the VA after I filed a NOD in Feb. 2009.

I do know now that I cannot use the failure of the VA to assist me as a CUE.

I know that they made their decision based on some information, which was what they had on hand, but not all that was in their jurisdiction. The result was a denial instead of approval. I think this is in error.

I hope that the local DRO will see this my way and grant the CUE. It will be a further shame to make me send this on to the BVA in Washington with a formal appeal. Of course, they can still award the CUE and set a 0% disability and force me to appeal. My goal is to be awarded a 10% disability and have an EED of 1994 for this issue.

By the way, this is also an issue that I want to use as a documented stressor for my PTSD claim which is also on local appeal. I will submit a post on it soon.

What do you all think?

P.S. I filed for a PH some time ago and was denied . I even filed a second time and included the hospital records and they still denied. I did not use the form Berta supplied, just a written statement by me. I will consider using my local US. Congressman after I see what the VA does on this time around. Thanks Berta for the form.

.

[carlie]

Just put in your paperwork and that your claim is warranted and should be granted

with the effective dat of the original claim due to 38 CFR 3.156 ©.

[john999]

What was the reason the BCMR used to deny the PH? It seems the army and VA dropped the ball on your injury. It is really pathetic that that neither the VA nor BCMR got your records from the hospital. People think the BCMR is user friendly and I disagree with that. I found them the most adversarial of all.