Inferred Claim

[john999]

On page 357 of the VBM it states the following: " Where medical records in the veterans claims folder indicate he has lost the use of a creative organ, the veteran has raised an inferred claim for special monthly compensation". The VBM goes on to say the VA is obligated to adjudicate the inferred rating. I believe it would be a cold day in hell before the VA in my region would do this without the vet filing a claim himself. This could be a CUE claim according to the VBM. I am just using the loss of creative organ as an example. This should be true of any notation in medical records of a disability. For instance, if the vet has trouble seeing or hearing and this is indicated in the medical records would not this be a possible inferred claim? You could CUE for an EED if you had to file yourself years later. This is what I get from the statements.

[Guest rickb54]

John999,

Interesting post....

I just did a CUE claim were I had asthma and copd secondary all over my active duty medical records when I retired in 1986...(call me stupid I thought they were the same disease)

Any way after two denials the va awarded service connection for asthma in 1988, and this after calling CUE on themselfs...

Fast foward to 2005, and my doctor tells me man, you have COPD and asthma and have had it a long time.... so I review my active duty medical record and what do I find? you guessed it asthma with copd secondary to asthma and not in one entry but maybe 20 entries..

So I submit my claim for COPD secondary to asthma, and it comes back approved for 30%..... Now what...

Damn it is time for a CUE claim why, because as your post indicates there is an inferred claim, If the va called CUE on itself in 1988 for refusing the asthma, why wasn't the COPD awarded at the same time? After all the VA looked at the medical records three times before finally awarding for asthma, how did they overlook COPD when the words asthma and COPD are on the same line in most entries? They overlooked COPD the same way they overlooked asthma, because they did not want to give service connection for either one.......

I am waiting on the results of the CUE, but your posted just reaffirms my position that I am right calling a CUE on the award of Asthma in 1988, and COPD in 2006