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Cue House Of Mirrors

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WYnWn

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Hi, (new here)

I was separated from service (USN) in 1979 with MEB ratings of 10% on each knee for injuries incurred while on active duty. Upon application at University of Northern Colorado for educational benefits, I was denied, assigned a new rating of 0% (Sheesh, then why did I have to get out?). There was no physical examination and the rater basically copied verbatim the Pre-Enlistment physical (only injury that had ever occurred was to right knee that was certified as fully healed and qualified for service) with no referrence or apparent consideration of medical records. During almost five years, my medical record documented new injuries to each knee.

During the same year (1979), I filed a letter of disagreement, but was told quite emphatically (my being female) that I needn't bother. I recently refiled under CUE regulations. The VA concurred on the CUE on the left, set the effective date as 1979, but stayed with the 0% rating, and despite clear evidence in med. records, denied the right knee as pre-existing despite injury dates and treatment info in record, concentrating to the exclusion of other info, on a single part of the total diagnosis. I appealed both. The next "decision" confirmed 'service related', restored 10% rating, not for the documented injuries, but for aggravation of a condition that never existed prior to injury, but changing the effective date to the date of the recent VA exam. This decision effectively takes away 31 years of denied eligability for benefits, while preserving the VA's right to be 'paid back' for their separation award of $6000 (apprx), so my "benefits" would not effectively begin until November of 2014.

No decision as of yet on re-injury of right knee appeal.

I am working with a VA rep, (Tx. Senator's Office not VA employed).

I would appreciate any suggestion, information that any of you can offer.

Thanks.

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  • Content Curator/HadIt.com Elder

Check out this interesting BVA case

http://www4.va.gov/vetapp10/files5/1040625.txt

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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After sorting thru all the BS it's all soooo simple,

relative equipoise gets the BOD applied in the claimants favor.

Many, many claims are won, just like this.

Carlie passed away in November 2015 she is missed.

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WYnWn-

I dont get this part:

“The VA concurred on the CUE on the left, set the effective date as 1979, but stayed with the 0% rating, “

but

“in 1979 with MEB ratings of 10% on each knee for injuries incurred while on active duty.”

How did that older decision account for the MEB evidence?

Did they consider it at all?

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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