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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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Question

OK!

Diagnosed FEB 1966 with pulmonary artery insufiency secondary to the bicuspid aortic {probably congenital} exact words

Just got my doppler echo report ,it states the heart including all three leaflet valves are normal and the heart structure is normal.

Making that a misdiagnosis and improper and maybe damaging treatment back in 1966

I have had off and on claims for this condition since 1984 finally i just dropped them in 2007 due to health and hospital

On JULY 13 2010 i applied again ,asking them if the VA did not have clear and unmistakable evidence when i entered military service ,i would respectfully request the VA re open my claim for reconsideration

I know they are going t deny me again

Does anyone know if i have a snowball chance of filing a cue claim on this ?

the NAVAL hospital definitly misdiagnosed me in 1966 and now i'm almost a statistic, what do yall think

GO VETS

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Hi Doogie,

I was trying to figure out what you are saying and not having much success.

Please post another note with:

1. Dates of service

2. Did you enter service with a clean bill of health?

3. Did you have any medical problems with your heart while in the service? Where you hospitalized?

4. Did you file a claim after the service for disability to the VA? When and what was the outcome?

Lets just start with that and we can build as we go.

Remember the people who read this can't read your mind so your answers must be pretty complete to details.

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Enlisted APRIL 8 1964

Discharged FEB 8 1968

Hospitalised FEB 6 1966 to MARCH 8 1966 at PORTSMOUTH NAVAL HOSPITAL [PORTSMOUTH VA] cardiac ward

Yes i was deemed healthy at my induction physical APR 8 1964

Yes first in 1984 denied they claimed it was congenital , that is why i had the test it proves everything is normal on my heart

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A CUE determination must be based on the record and the law that existed at the time of the prior decision.

In a valid claim of CUE, the claimant must assert more than a disagreement as to how the facts were weighed or evaluated. There must have been an error in prior adjudication of the claim.

Example: A new medical diagnosis that corrects an earlier diagnosis ruled in a previous rating would not be considered an error in the previous adjudication of the claim.

A CUE exists if

· there is an error that is undebatable so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made

· Department of Veterans Affairs (VA) failed to follow a procedural directive that involved a substantive rule

· VA overlooked material facts of record, or

· VA failed to apply or incorrectly applied the appropriate laws or regulations.

Edited by pete992

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Enlisted APRIL 8 1964

Discharged FEB 8 1968

Hospitalised FEB 6 1966 to MARCH 8 1966 at PORTSMOUTH NAVAL HOSPITAL [PORTSMOUTH VA] cardiac ward

Yes i was deemed healthy at my induction physical APR 8 1964

Yes first in 1984 denied they claimed it was congenital , that is why i had the test it proves everything is normal on my heart

Hi again,

Well, if you filed in 1984 and they denied it and you did not appeal it then it becomes a final decision a year later. Only two exceptions exist for re-opening the same claim. One is new evidence discovered that they didn't know existed at that time and two is Clear and unmistakable error. As others will tell you a CUE is not what you would normally think aand the rules are stiff for CUE.

Also, in my opinion a Echo test is only one type of cardiac test and definitely not conclusive for a clean bill of health. At least for heart issues.

But from what I see there doesn't seem to be anything that qualifies for a CUE or new evidence from that past rating decision.

Only my opinion and I am not an expert. However, I am working on a CUE for my own case so have a little knowledge pertaining to this type of issue.

Good Luck to you!

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So what's your point??? You want them to pay for a misdiagnosis, back in 2/66???

pr

OK!

Diagnosed FEB 1966 with pulmonary artery insufiency secondary to the bicuspid aortic {probably congenital} exact words

Just got my doppler echo report ,it states the heart including all three leaflet valves are normal and the heart structure is normal.

Making that a misdiagnosis and improper and maybe damaging treatment back in 1966

I have had off and on claims for this condition since 1984 finally i just dropped them in 2007 due to health and hospital

On JULY 13 2010 i applied again ,asking them if the VA did not have clear and unmistakable evidence when i entered military service ,i would respectfully request the VA re open my claim for reconsideration

I know they are going t deny me again

Does anyone know if i have a snowball chance of filing a cue claim on this ?

the NAVAL hospital definitly misdiagnosed me in 1966 and now i'm almost a statistic, what do yall think

GO VETS

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