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steve&pat

Thinking Of Filing A Cue To 1971

Question

I came across this first rating decision of 2-2-71 that has this printed note on the top--

(for the veterans vasomotor rhinitis,because it cannot be distinguished from his sinusitis which was incurred in service.S/C for both ---then goes on to say service connection is denied for the ulcer of the nasal septum , because it was first noted after service.

10/1/ 70 I got out of service I believe the C/P was 1/5/71

I was only recieving 10% at that time so this could add another 10 % or more.

This wasnt even 4 months after discharge.Didnt go to 100% till 1994

A lot of this first rating was screwed up. THOUGHTS

thanks STEVE

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The old ratings are full of holes. File a CUE because an extra 10% for 20 years amounts to something if you can get it. It is a learning experience if nothing else.

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Some comments ....

1. A Clear and Unmistakable Error (CUE) has to be based on the laws and Rating Criteria in effect at the time of decision (or, in some cases, at the time the claim was made). Do you have a copy of 38 CFR and the Rating Schedule from then? I don't have a copy, and I don't believe I care to try to find out that information either.

2. So, I presume you are telling us that you developed an nasal septal ulcer a couple months after separation in 1970, and that you have had this septal ulcer for 40 years, and that you have had continuing treatments for this specific condition to this day?

3. OK, for discussion's sake, let's presume that the current criteria for rating nasal problems are the same as from 1970-71 .... under what criteria do you believe that a 10% might be warranted. Has your breathing been adversely affected for these 40 years? Is there disfigurement?

I know that you don't care for my opinion .. but I think you have too much time on your hands.

I came across this first rating decision of 2-2-71 that has this printed note on the top--

(for the veterans vasomotor rhinitis,because it cannot be distinguished from his sinusitis which was incurred in service.S/C for both ---then goes on to say service connection is denied for the ulcer of the nasal septum , because it was first noted after service.

10/1/ 70 I got out of service I believe the C/P was 1/5/71

I was only recieving 10% at that time so this could add another 10 % or more.

This wasnt even 4 months after discharge.Didnt go to 100% till 1994

A lot of this first rating was screwed up. THOUGHTS

thanks STEVE

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I beleave the ulceration would be as a early or late symtpon of the nasal polyps. Iv had all these problems since GUAM in 1967 The ulcer wasnt NEW---- NO it isnt a cold.

----------------------------------------------------------------------

6522 Allergic or vasomotor rhinitis:

With polyps 30

Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side 10

6523 Bacterial rhinitis:

-----------------------------------------------------------------------------

AND where is the one year rule ? If you have had rhinitus and sinusitis you will know this is an ungoing illness and one infecting the other.And of course these have been constantly treated by the va with steroid sprays and meds for the last 40 years . And now I do have deviation and obstruction from the continued infection and thickening from the scaring.

Steve

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A cue is based on the regulations that were in effect at the time and the evidence that was in the record at the time of the rating. You don't have to show that you still have this condition 40 years later. What you have to show is the VA made an error when they rated you in 1971. If they grant an extra 10% that would be retro to 1971 and forward to the present unless their is evidence you no longer have the ulcer. If you don't file the claim you will never know. I found out that the VA changed the rating criteria for emotional disorders between the time I filed my claim in 1972 and the time is was rated in 1973. The BVA did not even know this until it got remanded back to the BVA from the Court of vet appeals.

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I have seen the VA CUE themselves when they noticed that they failed to properly apply the rating schedule. The case involved clear evidence of the existence of the disability at the time of the first rating. It was similar to your case in that they rated some aspects of the disability yet they forgot to apply another applicable rating. The difference is that the aspect they forgot to rate had not been addressed at all at the time of the first rating. The fact that they addressed your ulcers and denied them might throw some confusion into a CUE claim. They might argue that your claim was denied and you did not file a timely appeal. Thus, the claim was closed.

File a CUE and see what they throw back at you.

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