Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Cue Back To 1975


nanaeris

Question

I have a congressional inquiry because the Waco Regional Office refuse to give me a answer why they used DC 5260 instead of DC5261. This has been going on for two and a half years with no movement to the BVA. This has been a long and unnecessary journey. I was going over some of the denied decision in the past and looked at my initial denial 1976. It stated I was hospititalized for myocarditis subsequent ot service but it did not state myocarditis is a presumptive illness if within the presumptive period. I got out of the service 27 November 1974 and I was hospititalize 2 September 1975 which would have been in the presumptive period. Can this be a CUE claim for the two months I was disabled? On the same claim the Rating specialist stated evidence of record is insufficient to substantiate the claim of aggravation of veteran's pre-service knee condition. I reopen my claim for knee disability in 1999 and after a two year fight and calls to Washington DC I was granted service-connection for my bilateral knee disabilities. The information in my SMR clearly stated my knees was permantantly disabled by military service. I had three MEBs which stated so. My question is this a CUE claim because the VA denied me because they did not have my service medical record.

nanaeris

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If you do not have an open claim you can ask for CUE, Otherwise you have to wait for answer. Have you considered a Writ of Mandamus.

Link to comment
Share on other sites

My question is this a CUE claim because the VA denied me because they did not have my service medical record.

nanaeris

IMO - it would NOTmeet the criteria for a CUE claim.

I would look more along the lines of possible earlier effective date

due to 3.156c .

http://ecfr.gpoacces...1.60.65&idno=38

Edited to add the word NOT - sorry

Link to comment
Share on other sites

Me too-=I see 2 CUEs here:

"The information in my SMR clearly stated my knees was permantantly disabled by military service. I had three MEBs which stated so. My question is this a CUE claim because the VA denied me because they did not have my service medical record."

This reg might be another way to go here too regarding this specific claim too as Carlie stated:

Also for the heart disability-

"It stated I was hospititalized for myocarditis subsequent ot service but it did not state myocarditis is a presumptive illness if within the presumptive period. I got out of the service 27 November 1974 and I was hospititalize 2 September 1975 which would have been in the presumptive period. Can this be a CUE claim for the two months I was disabled?"

Is this what the 1976 denial was based on? Myocarditis? as well as the knee disability?

If so I sure would go for it and file a CUE on the myocarditis decision in a heart beat as well as CUE or using the above reg or even using both on the knee disability.

This is a successful BVA CUE award for very similar circumstance as yours:

http://www.va.gov/vetapp97/files4/9733058.txt

In part:

“The veteran contends that the regional office (RO) committed

clear and unmistakable error in its March 1953 rating

determination by denying service connection for a heart

disorder. He maintains that as his heart disorder arose

within one year of his separation from service, service

connection should have been granted for this disorder.”

“ORDER

The rating decision of March 1953, in its failure to grant

service connection for a heart disorder, namely myocarditis,

was clearly and unmistakably erroneous, and service

connection for that disorder is granted.”

The above case is a good template to use along with the CUE info here.

Sounds like you have a beauty here regarding 2 CUEs in the same decision!

Edited by Berta
Link to comment
Share on other sites

PS, you might want to support the CUE claims with that entire BVA decision as to support for how the regs should have been applied.

Although BVA decisions have no relevance as far as supporting most SC claims, the BVA case I posted is a legal decision from the BVA, and not dependent on medical evidence.

I used 4 BVA decisions , as to their legal statements as support for my CUE claims,as well as an Office of General COunsel Pres Op for them and even,with a friend of mine's vet's permission, I even used his award letter to show how VA had committed CUE in a 1998 decision I got.

Link to comment
Share on other sites

IMO - it would meet the criteria for a CUE claim.

I would look more along the lines of possible earlier effective date

due to 3.156c .

http://ecfr.gpoacces...1.60.65&idno=38

Can you give me some advice on how to write this up because the DAV has been no help with my claim for a increase for my knees disability. I think this is why this has taken so long. When I was in California, the DVA did a great job, but here in Texas I have had to do everything myself. Do you think I should go to another VSO to accoumplish these two situation? Can you reccomment one.

nanaeris

Link to comment
Share on other sites

Can you give me some advice on how to write this up because the DAV has been no help with my claim for a increase for my knees disability.

I think this is why this has taken so long. When I was in California, the DVA did a great job, but here in Texas I have had to do everything myself.

Do you think I should go to another VSO to accoumplish these two situation? Can you reccomment one.

nanaeris

nan,

I'm sorry but I had to edit my post to read :

"IMO - it would NOTmeet the criteria for a CUE claim.I would look more along the lines of possible earlier effective date due to 3.156c .

Edited to add the word NOT - sorry

Back to your question -

"My question is this a CUE claim because the VA denied me because they did not have my service medical record."

Not having the SMR's in and of itself - does not meet the criteria for cue.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • A VA Compensation and Pension Examiners Perspective
      A VA Compensation and Pension Examiners Perspective

      This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?

      Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.
      • 0 replies
    • VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic 

      “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.
      • 2 replies
    • VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
    • Post in I need some help, please
      If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.

      If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.

      For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.

      Special Monthly Compensation (SMC)

      I hope this helps.

       
    • Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?
      You can now apply on line Read the below PDF or go here to Apply and read more https://secure.ssa.gov/iClaim/Ent002View.action

       
      Here is a checklist for what you will need

       
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines