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Veterans Claim File,

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Guest Jim S.

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I have just read my copy of my claim file for the umpteenth time. I came across the Staff Psychiatrist, Yes that means he was an MD, he stated in his Closing Summery, his evaluation and in part, pertinent records from my Medical Board Report.

It shows the possibility, that I as the patient had developed an endogenous Depression following my discharge from the service as well as the possibility that I may have a circular affective idsorder with the possibility of the I had in fact had a acut psychotic episode as related in my medical records.

another part of this report, I knew about, but the VA seemed to ignore: I will quote, "Due to the situational issue presented by this individual and the questionable diagnosis of his psychiatric evaluation provided by the VA, " Their is more, but you get the point.

Since this appears to be an error of how the evidence was weighed, I can not approach it that way, but I can show Cue for failure to develop the claim by pointing out which CFR's and other laws, rules, and regulations the VARO failed to consider

The main one I can think of, was when their examiners report, on whcih basis the claim was denied, is found by susequate findings, to be questionable, further develpment of the questionable evidence is in order. it must be returned to the examiner for clarification. If this cannot be done, then a new C&P exam is in order, at the very least. B)

Jim S. :blink:

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  • In Memoriam

No9 CUE lies on failure to obtain more evidence, since that is prt of the duty to azssist, 9whicvh can nevr be CUE. IOf you can show VA violated 38 CF on the evidence before it, then you have CUE.

Alex

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  • In Memoriam

Jim ---

I apologize for the bad typing. What I said is tht you cannot win on a claim for CUE based on duty to assist, and since gathering non-VA records is part of VA's duty to assist, you won't win a CUE claim on failure of tjos duty to adssist.

Got it now?

Alex

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Guest Jim S.

Thanks Alex: I've had to go back and correct to many typing error also. I wished this board had a spell checker.

I'm sorry if I seemed to imply that I was submitting a CUE claim based on the fact they didn't have my SSDI records. My DAV SO sent a memo to the VARO that he thought my claim needed further developtment and that they should request my records fron SS on my SSDI claim, while they were at it.

I'm not sure why he recommended this, since my CUE claim doesn't envolve the most resent screw ups with my claim, but their failure to award SC in the first place, 30+ yrs. ago.

And no I am not looking for an EED, this Claim is on principle. I asked the VA for help back then and they shut the door in my face. I was able to pull myself together and dispite the ups and downs I had to navigate, I did OK. Now I can no longer handle the ups and downs and my nagvidation is worse than a compas pointing to only south. I need help and it is time for the VA to acknowledge their error and help.

I'm not even sure my DAV SO knows what my claim is all about, I can't get him to sit down with me to get any concrete answers from him. I just hope by him putting his two cent worth in, thing don't get irritrevably messed up and I have to start all over once again.

Jim S. :rolleyes:

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