Cue Back To 1975

[nanaeris]

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

[Berta]

The SMRs are not relevant to the myocarditis CUE claim, in my opinion, as it is based on a disability that was manifested at least at 10% within one year after service.

Therefore it would not even be in the SMRs.The BVA decision I posted shows what I mean.

The other claim that was denied (and SMRs were not considered for)holds either a rating code as NSC for the knee disability

(a legal error because it should be SC)or holds a complete lack of a proper diagnostic code for the knee disability and that is where the CUE might be found. (My CUE claim falls on that same scenario)

This is just my opinion and interpretation of CUE. The DAV has a template for CUE claims as well as there should be one here.

One of our former members Rakk posted one here and he is a DAV NSO.It can be searched for here.

But I defer to Carlie on these questions you have as I will only be posting in the AO and DIC forum at hadit after tomorrow.

[carlie]

The SMRs are not relevant to the myocarditis CUE claim,

in my opinion, as it is based on a disability that was manifested at least at 10% within one year after service.

Therefore it would not even be in the SMRs.The BVA decision I posted shows what I mean.

Berta,

I agree with the above, that the smr's are not relevant to this possible cue claim.