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Please Advise On Possible Cue


Mike409

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Hello fellow Vets and friends of HADIT

Im considering filing a CUE claim and would like opinions on facts related cause there are some very knowlegeable vets here!

1. 1978 in service surgery performed on hand. Diagnosis Caverous Hemangioma, no medical history prior to service.

2. inadequate procedure worsen condition and create residuals SMR documented including nerve damage, marked range of motion deficit, wrist and fingers

3. permanent profile issued limited duty until discharge. 1979 honorable discharge.

4. claim filed within 1 year and denied. NOD but no appeal. no representation

5. SOC issued states VA neurological examination was negative, "reasons for decision" claims numerous conflicting statements regarding date of origin and not aggravated by any incident in service also surgery was remedial for a condition existing prior to induction.

6. 2006 TDIU awarded after condition worsened and unable to work for 2 years prior based on exact same condition.

opinions on possible CUE? if possible, where do i start? What am I missing here?

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Hello fellow Vets and friends of HADIT

Im considering filing a CUE claim and would like opinions on facts related cause there are some very knowlegeable vets here!

1. 1978 in service surgery performed on hand. Diagnosis Caverous Hemangioma, no medical history prior to service.

2. inadequate procedure worsen condition and create residuals SMR documented including nerve damage, marked range of motion deficit, wrist and fingers

3. permanent profile issued limited duty until discharge. 1979 honorable discharge.

4. claim filed within 1 year and denied. NOD but no appeal. no representation

What EXACTLY does the denial state in the narrative of the denial?

5. SOC issued states VA neurological examination was negative, "reasons for decision" claims numerous conflicting statements regarding date of origin and not aggravated by any incident in service also surgery was remedial for a condition existing prior to induction.

6. 2006 TDIU awarded after condition worsened and unable to work for 2 years prior based on exact same condition.

What EXACTLY does the 2006 rating decision, that granted TDIU state in the Reasons and Bases Section?

opinions on possible CUE? if possible, where do i start? What am I missing here?

What is the EXACT USC Law or 38 CFR reg that was broken or mis-applied?

carlie

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Carlie is right, we need more info- can you possibly scan and attach here the SOC they sent when they denied the claim?

We need to see their Reasons and bases ,as Carlie said,plus any rating sheet info (that is where many CUEs occur)

and any Evidence list they used.

Cover your name, address, C file number before scanning it.

Something seems obviously wrong with the older decision but hard to know if it raises to a CUE level.

There are some great successful CUE claims here in the CUE forum.

I got them on a complete lack of rating for one condition my husband had, and then an erroneous rating for another condition and a lack of consideration of the SMC mandate. 3 CUEs in one claim.

All of my evidence was legal evidence from 38 CFR and M21-1MR.

I am sure the info in our CUE forum will help you determine the legal error they might have committed.

Before I filed my CUE claim I read as many CUE claims as I could at the BVA web site.. The denied CUE claims helped me understand the basics of CUE as much as the awarded ones did.

CUEs involve legal errors which can be an error in the diagnostic code or rating, as well as many other legal; issues.

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As Carlie asked, if you can scan the Reason and Bases of the TDIU award that would be great too.

Do I understand that you were denied SC in 1979 -

filing the claim within one year after discharge-

and you did not receive VA comp until they awarded the TDIU for the same condition?

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Hello fellow Vets and friends of HadIt,

I have attached redacted docs that I hope will answer questions. I would like the point out the 5th document that has no letterhead. I think this is unusual. Please do comment on that. haditfile.pdf

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  • HadIt.com Elder

What I see is that you were SC'ed for some condition in 1980. I see old letters J,I ect and under (I) I see service connection for your wrist condition. These old decision are very hard to understand. How in the world could you get TDIU for a NSC condition. I can understand your confusion because I am confused. In 1980 were you SC'ed for a wrist condition? The 1980 decision seems to contradict itself on the same page.

John

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