tdiu Please Advise On Possible Cue

[Mike409]

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?

[Mike409]

youre right John999,

their documentation is confusing. but what is sure this that i was denied in 1980. no SC or NSC documentation. no representation. no letterhead on denial letter. they did whatever they wanted back then.

[john999]

Your 1980 decision looks like my 1973 decision where they just ignored my doctor's evidence. The VA only relied on evidence that made my claim look weak and ignored evidence that showed true extent of my illness. In one sentence they say this vet just has a personality disorder and in the other that he has bad reaction to anti-psychotic meds. They say I seem to get along well with others, but the others are fellow inmates on the psychiatric ward. Run your claim by a lawyer if you have your whole file and can show him where the VA made mistakes in original denial. My CUE is very obvious. Yours is bizzare. I did not get appeal rights or any of that either, but no CUE based on that line.

[broncovet]

The thing I noticed about the decision you posted is that there was only 2 pieces of evidence..a VAMC exam and a VCAA letter. That is a big red flag, and I will explain why.

1. Where are your SMR's in the evidence section? This is critically important because 38 CFR 3.156C can get you an EED WITHOUT MEETING THE STRICT CUE STANDARD OF REVIEW. Of course, you have to meet the criteria for 3.156c, but you may..if you "found" service records that the VA did not consider in the decision. Of course, the lack of your SMR's in "evidence" section says a lot.

2. Where is the rest of your evidence? The VA has to base the decision on "all evidence of record" and that is not much evidence..really only one med exam..did you see a doctor more than this?

3. Did you submit 21-4138's...IMO's...did you sign ROI for other docs other than VA docs? Their evidence should have been included. Under the Consturctive notice of BELL, the VA is assumed to have this evidence. You could be another shreddergate victim.

[carlie]

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

Going only by what I have seen that you have posted - IMO - I do not see any grounds or reason to file

a claim of a CUE being made.

A CUE only considers the evidence of record, at the time the prior decision was made.

The prior decision MIGHT have been a poor decision or simply a decision you did/do not

agree with, but that - does not suffice for a CUE.

The simple facts that a something happened on AD (and it's in the SMR's) you filed a VA claim on it,

the claim was denied . . . . . years later the VA grants SC for the same condition . . .

does not make for a CUE.

The medical evidence (you posted) of record, that were considered in your denial (in a 1980 rating decision)

included SMR's and a VA examination.

The VA clearly states SMR's show complaints,treated and surgery for left hand/wrist cysts.

The VA examination that was provided states scars well healed, there was no recurring growth,

neurological exam of this area was negative.

"no representation" representation is up to the claimant to obtain.

Claim denied.

I do not see any evidence listed that shows a current condition.

I do not see any law that was mis-applied or broken as there is no

evidence of a current disability.

Unless you have additional medical evidence, that was of record at the time

this denial was made and it clearly states by a medical professional that you do

in fact have a current condition - I do not see a CUE.

What 38USC law or reg do you contend was mis-applied ?

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.

Since you blocked out the date for the SOC, I do not feel comfortable making any

comment on the SOC. There is no need to block out the date of an SOC.

I believe this SOC is dated many,many years after your original

rating decision.

Besides that the SOC is usually just a rubber stamped type of continuation

of a prior denial.

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

For some reason you did not post the WHOLE reasons and bases portion of the IU issue.

There absolutely must be more than is posted or you certainly would not have been granted

a claim for IU.

I don't really have interest in what all of the facts are - but - without knowing all the facts

no one can really help you.

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

I see no CUE at all.

CUE =

1) ONLY - medical/evidence of record at the time the decision was made

2) broken or mis-applied law or reg

JMHO - carlie

[Mike409]

Carlie

What the record shows is that the condition was manifested, diagnosed and (mis) treated in service. And there was a denial. Then, many years later same condition was service connected because of the same.

all the treatment records were available at the time of the decision. the SOC was issued soon after rating decision. All evidence was available at time of original decision except obvious new exams that showed same condtion worsened to the point of being unable to work.

are you saying it was ok not to SC at that time and SC same condition many years later because condition worsened?

[Mike409]

Broncovet

I dont know why they didnt list more. fact is they have more cause i have more than one complete copy of c-file over the years...and its all there. IMO maybe they just chose not to list cause they granted benefits. And yes I submitted statements in support of claim but the main medical evidence is their own...generated in their hospitals, clinics and 3 favorable VA doctor opinions. All given as requested to me.

the question in my mind is why not SC a manifested, diagnosed and treated condition they helped to create? and making up contradictory statements from one document to another...perhaps they just realized they skrewed up bigtime?