ptsd Is This A Possible Cue For An Earlier Effective Date Back To 9/19/1970 ?

[USMC RECON 67]

First I will thank you for your service and the assistance you offer us veterans with our claims. I filed a claim in 1970 for Epididymitis and was service connected under diagnostic code 7599-7523 and was given a "0" percent rating as per 38CFR.

One code is for urinary infection and the other is Epididymitis with atrophy of left testicle, service connected, Vietnam era, incurred. I was released from service on Sept 19, 1970 and filed my claims.

In my rating decision it states "Veteran had epididymitis January of 1968 which should have read January of 1969, treated at Bethesda Naval Hospital. On EXAMINATION his right testicle is normal, his left testicle is atrophic and approximately 1 cm in diameter. It is non-tender on examination.That was the decision I received in Jan of 1971. Not knowing anything about the claims process I did not appeal that decision for SMC K, loss of a creative organ. Lets face it my attitude wasn't the greatest back then. I was turned down for hearing loss, which was later awarded at 50%,labyrinthine vestibulistis at 30% and tinnitus at 10%.

To make a long story short I reapplied in March of 2011 for erectile dysfunction due to medication from prescriptions I was taking from a heart condition, ptsd and other disabilities. I amended my claim and included loss of a creative organ. I was awarded SMC K based on the loss of use of a creative organ because the left testicle was measured as being 1/3 the size of the normal testicle. Should I have not been considered for SMC K in 1970 if the measurements had been done correctly? It is noted that that the Diagnostic Code 7523 contains a "Note" indicating that the evaluation assigned is to be reviewed for entitlement to special monthly compensation under 38 C.F.R. 3.350

Thank you in advance for your replies. Could this be a basis for an inadequate C&P exam?

[USMC RECON 67]

Berta is very good at this, and she has given you good advice. I would add two things:

1. First, it may not be necessary to win CUE to get an EED. One example of this is if SMR's were missing, but found later. See 38 CFR 3.156 C http://cfr.vlex.com/vid/3-156-new-and-material-evidence-19776250

2. Next, there are multiple possible Cue Theories, and yours is just one of these. An experienced Vets attorney, or even VSO or others may well notice other Cue theories that could entitle you to an EED.

So, I would surely suggest taking Berta's advice, however, regardless, I would take your claim to an experience person and see if they see "Cue theories" that you may have missed..

[USMC RECON 67]

Just wanted to give you ladies and gentleman a update concerning the claim of loss of use of a creative organ. I did an extreme amount of research( for me anyway) on the regulations that were in place in 1970 and they are the same as today. I also researched the M21 manual as well. Searched for a long time to find a court case very similar to mine. Found some that were vaguely similar but not enough until I found this one which had been posted by someone on Hadit, ie:

Citation NO. 1108716

Decision Date: 03/04/11 Archive Date: 03/17/11

Docket No. 09-39 123) Date

)

)

On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia.

This case granted Loss of use of a creative organ back to 1971 on a CUE. The circumstances are very similar to mine and the regulations quoted pertain to my claim also. I filed for an earlier effective date on 10/18/2012. Wanted to make sure I had my ammo ( regulations) in order before I submitted it. Am waiting for claims process which it is in the gathering of evidence stage. Shouldn't be too hard since everything is in the C file. Never give up and always persist. Just waiting for the outcome. Thanks everyone on Hadit.Hopefully I should prevail on this claim.

[broncovet]

USMC

Sounds like you did your homework. Isnt it amazing how the well prepared tend to come out on top???

The 5 p's are not just a motto for some. The winners know that Proper Preparation Prevents Poor Performance.

[USMC RECON 67]

broncovet,

Would have filed before that but was diagnosed with lung cancer and had to under go radiation therapy. I was lucky they caught it in the first stage. Radiation therapy was in August of 2012. Couldn't have had a better group of nurses and doctor. Will have more issues to file earlier effective dates back to 1970 when I get this one resolved. Thanks again for ya'lls (southern) help and will keep you posted.

[john999]

Did you claim SC for the lung cancer due to AO exposure? Were you in Vietnam? I would file my cue so I could get my denial or approval soon. If you get a denial then send in NOD and possibly hire a lawyer. You will probably need one since you want decades of retro. I am in the same boat wanting 30 years of retro at 100% rate. I have been represented by a lawyer for 5 years. The VA has more dirty moves than Jell-O. CUE is in many ways just a fantasy for 99% of vets.

John

[USMC RECON 67]

Yeah, already filed for Squamous cell lung cancer as presumptive to agent orange. Approved at 100% level.Hope to get approval for EED but if not will appeal and get an Attorney. Hey, you have to do what ya have to do. Will also file for earlier effective date for three more issues also. Don't want to put too much on that plate at a time. Rather for my cup to runneth over with the approval.

100% Valvular Heart Disease

100% Lung Cancer

50% hearing loss

30% Dizziness

10% Tinnitus

30% PTSD

20% Right knee instability

20% Diabetes 2

10% Arthritis

10% Hypertension

SMC k

SMC s

and some 0's

Put in for A&A but was denied so will get a DRO on that one or appeal before time runs out.