32 Year Old Cue

[WYnWn]

Hi,

These are the facts (documented, not alleged) of my situation:

1. Medical discharge under honorable conditions (after 4 yrs. 9 mo. active duty service, USN) in 1979.

2. Injury to right knee certified as qualified service two years prior to commencement of enlistment in 1975. Two separate injuries to each knee with aggravation to both knees documented in medical records. Injuries and aggravation documented to right knee were separate injuries not related to surgically repaired and well healed right knee (previous to enlistment) that sustained two injuries during active duty.

3. PEB rating 20% (bilateral knee-chondromalasia patella, arthritis).

4. Applied for rehab. educ. benefits while working on masters degree under GI Bill in Colorado. Denied by VA. Rating of 20% was dropped to 0% total. No physical examination; records from the pre-enlistment physical qualifying me for enlistment were copied into assessment verbatim as "evidence" justifying denial and reduction. No mention of USN medical record entries which contradicted these statements and provided chonological documentation of injuries and aggravation specifically stated in clinical records while on active duty.

5. Timely filed Notice of Disagreement. Denied again.

6. Was told by college VA rep that I "need not bother to appeal", "appeal would be denied" especially because I was" female" and "the guys needed it more than I did".

7. Two years ago I tried to re-open the claim. VA insisted I file a new claim, but I insisted it should be a continuation of the original claim in 1979.

8. I contacted state senator's office; was assigned a VA rep (not employed by VA).

9. Filed CUE. Granted because of no record of problems with left knee prior to service. VA essentially made it a new claim by requiring C&P exam and treating it as a new claim. VA continually ignores any mention of right knee except for their residuals denials.

10. First decision: service connected for left knee only with 0% disability rating, effective date 1979 because I filed within a year of separation. Right knee denied on basis of 1979 denial: residuals to right knee surgery.

11. All medical records are distinctly clear of any problems with right knee for five years prior to injury to rt. knee during active duty service.

12. C&P exam at VA (not terribly impressive exam in terms of comprehensiveness, example: Dr. stated no problems with gait observed despite the fact that he walked ahead of me entering and exiting the tiny exam room).

13. Second decision: 10% rating restored for left knee; effective date changed to 2010 because the VA's exam was the "first evidence" of problems. Same denial and reason on rt. knee. After recoup of separation pay, benefits to begin in 2014.

14. Last disagreement submitted about a month ago, citing VA regs, Congressional mandates, etc. Told by rep this was last before I would (likely) need to hire an attorney and appeal.

15. Was enrolled as Priority Group 3.

I hate to think of having to hire an attorney who would share in whatever I'm entitled to receive. Yet, despite all the research I've done, I also realize, not being an attorney, that things can/could be brought up that I would have no knowledge of or clue about how to handle.

Any thoughts, recommendations, ideas would be greatly appreciated.

[Philip Rogers]

I agree john! I'd love to review all those claims from WWII, Korea and VN for just 2% of what I get retro. I'd probably be a billionaire!!! As for reductions to"0%" within 2 yrs of the original claim/discharge, I can just imagine!!!! How many vets thought they were just lucky to get the 10% or 20%, for one or two yrs, when in fact they should probably continue at a higher rating!!! jmo

pr

If you can prove that the VA had medical records that are favorable to you and that they did not use them in your rating decision that is the basis of a CUE. You need your C-File for that to check. When I looked at my file and noticed that they had not used my doctor's report even though it is in my file I smelled a rat. I don't know if I am going to win this thing because of all the Catch 22 stuff the VA relies on to defeat us. They have been getting away with these things for decades. After WWII I think thousands of vets were discharged from hospitals with significant ratings and then a few years later the vet gets a notice saying he has been reduced. Most of them just took it.

[Pete53]

PR and John

I have always wondered why more lawyers don't look to help Veterans considering all the retro involved and CUE would really be a gold mine.

[john999]

Pete

I think it is because the standards for CUE are high and the lawyers don't want to put in work on something iffy or maybe they just don't understand it. My lawyer told me if he lost my CUE he would never do one again because all the cards are in the VA's hands. I may lose mine after 5 years. I don't think he will get paid unless he prevails.

[Commander Bob]

After WWII I think thousands of vets were discharged from hospitals with significant ratings and then a few years later the vet gets a notice saying he has been reduced. Most of them just took it.

One can only imagine how many old disabled soldiers went to their graves with unfinished VA business.

We can take consolation in knowing that they will "Rest in Peace".

Bob

Edited May 30, 2011 by Commander Bob

[WYnWn]

A Clue to the CUE:

Lawyers like to charge money. They charge a full hour for part of one. They charge an hour for a fifteen minute phone call. If they tell a story or brag about themselves, they charge you to listen. They charge for their paralegal to read document and to listen to the paralegal's report. Then they charge to read the same document. They charge dollars each to copy pages and for the time an employee stands at the copy machine. They charge for postage, for paper, probably for ink, too. They charge to file papers. Then they charge to write a response to you. They charge for anything they do, and likely, for a lot they don't do. Oh, and then they raise their percentages if they have to go to court for you.

The VA limits what attorneys can charge.

Poof! They're no longer interested.

[Pete53]

It used to be that Lawyers could not charge a Veteran more than 10 dollars for a claim. The VA and DAV opined that it was for the Veterans protection. At least today most Veterans can hire a lawyer and pay them with a percentage of their retro.

Its funny how the VA who did not allow me to have a lawyer always respond to a Veteran with a Lawyer with a team of their lawyers.