lumbosacral Is This Cue

[handyman]

My father's application for compensation or pension (form 21-526) dated June, 1978 lists the following under nature and history of disabilities.

"Heart condition developed while in service in Korea has been evident ever since, causing me considerable trouble, shortness of breath, easy fatigue, chest pains, migrane headaches and nervousness. Left knee and back injury-on the job, Aug, 1969."

Report of medical examination for disability evaluation (form 21-2545) dated August, 1978 again lists the following under sec. b-medical history since latest va exam. as related by person examined.

"Heart condition developed while in service 1953-1954 while stationed in korea. Since then I have had considerable trouble with it. It has been the cause of my shortness of breath, easy fatigue, and constant chest pains,, migrane headaches and a very bad case of nervousness. In 1969 I suffered an on the job injury on my left knee and back. This injury has caused considerable trouble and discomfort since then, and has progressively gotten worse through out all these years. Feels as if an arthritic condition has developed on my entire back and left leg. My knee seems as if it is semi-stiff all the time and I am always experiencing a dull ache there."

Listed under diagnosis in medical exam.

1. No history of heart disease found. History of paroxysmal tachycardia recurring.

2.residual injury right shoulder.

3.history of injury left knee.

4. recurring l.s. muscle strain.

Statement in support of claim(form 21-4138) dated Mar, 1978 again lists the above mentioned complaints.

Rating decision dated Sept, 1978 states.

Service connection for heart condition; NSC pension.

Mr, XXXX claims disability for a heart condition, a back injury, a shoulder injury and a left knee injury. On the current examination, x-rays of the right shoulder, left knee and lumbar spine were negative. Clinically there was a moderate loss of motion of the lumbar spine. Motion of the right shoulder was limited to approximately the horizontal. No clinical findings of the left knee disability are shown. There was a non-service connected gun shot wound of the right upper thigh, the only findings were well-healed scars. blood pressure readings were within normal limits, the heart was not enlarged, there was a regular sinus rhythm and normal EKG. There was mild tachycardia. The examiner states that there was no heart disease found, and indicates a history of paroxysmal tachycardia.

We have been unable to obtain complete service medical records. However, we do have seperation examination for each period of service. These examinations show normal blood pressure readings and a heart condition is not shown either clinically or by history. Service connection is denied for a heart condition, as it is not shown in service.

Rating decision dated Nov, 1978 states.

effective date of pension benefits is granted from Dec, 2 1977.

8. NSC WW11, PTE, KC

7013. 0% Paroxysmal Tachycardia.

2. PT WW11 from 12-2-77

5201. 20% residuals, right shoulder injury

5295. 20% lumbosacral strain.

5257, 0% right knee injury, by history.

7805. 0% gsw scar, right side.

NSC COMB: 40%

Why were his complaints of migrane type headaches and a very bad case of nervousness not addressed in the medical examination for disability evaluation. Clearly these were sign and symptoms of shell shock(PTSD after 1980's). My father did receive a 100% service connected disability rating for PTSD in 2008, he died of Lymphoma in 2010. If all his medical complaints stated on his application for compensation or pension were not examined or addressed, does this constitute a clear and unmistakable error on the va's part? Would my father have received a 100% service connected disability rating 10 years prior to his death?

My father served proudly in the army from April 1946 through Oct. 1947 and from Jan 1948 to Apr, 1954. A veteran of World War ll, Korean War and peacetime.

Any thoughts or ideas welcome

[carlie]

We are currently seeking the services of a lawyer to represent my mom. We were scheduled for a DRO hearing last week,

when we showed up it became obvious to us that our VSO could not locate the DRO we were scheduled to see. He eventually located a DRO who offered an informal conference in lieu of a formal hearing. During the informal hearing the DRO offered to place us on the docket for a traveling BVA hearing to be held 2nd. week in July. Needless to say we weren't to happy about the missing DRO officer, but were very happy to have a BVA scheduled so soon.

It is an appeal for a denied DIC.

This will be our first face to face with VA.

Since you accepted, "an informal conference in lieu of a formal hearing", keep in mind there will be

no written transcripts to verify anything said.

There are specific rules at the BVA level for representation.

Since you post that this is an appeal for a denied DIC - then all the information regarding the

issue of a CUE in this topic, will not be applicable to your BVA hearing.

For CUE - the cue is submitted at the level you believe made the error.

I would say your "first face to face with VA", was when you just saw this DRO.

JMHO

[john999]

I had a face-to-face with a BVA Board member. I had an attorney with me. He had done a complete brief with 50 some odd pages of cases, arguments, exhibits etc. The BVA judge gave us about 15 minutes. He was just there to gather some information like doing in-take. Some other judge did the dirty work. If you have a CUE that is not as clear as an unmuddied lake and if there is considerable retro involved I suggest you get to the venue where decisions can really be made. I am at the COVA. I am not even sure I will win there with my CUE. If people actually have to think you don't get much of that inside the VA, so good luck and God speed! I think I would get the lawyer for your mother. At least they can't directly walk right over you. The lawyer wants part of the retro.

John

[handyman]

Yea, when I heard informal hearing I got nervous, but my VSO called yesterday and wanted to know what day of the week I wanted the BVA hearing, he said I would be receiving a notice.

I have a meeting with a lawyer tomorrow, she wants to know more about our case.