What To Write/submit For Cue Inferred Claim

[autumn]

Seeking help in what to write to send in claim for CUE/EED due to "inferred claim".

i meet these numbered items from the list in link below:

#4. Informal/Inferred Claims can lead to an EED.

#7. When Vet applies within a year of discharge.

:filed the month i was discharged

#8. Clear, Unmistakable Error can lead to an EED.

:have IMO detailing this

#3.157 visit to the clinic can establish the claim effective date

:true for me, plus i have C&P from that pereiod stating "severe chronic disese..." that VARO ignored.

:evidence from mil med records VARO ignored

:errors from navy PEB ignoring medical evidence

I don't get a response from VSO when i presented this to them so i figure i'll need to file myself.

I don't know what form, and what to write or not write when submitting claim for CUE substantiated by at least the above items i listed. looking for advice on this...

[71M10]

Autumn,

Need a couple of more bits of information.

Is the EED you are looking for related to a decision that is final (over a year since original decision with no appeals, or appeals exausted, or SOC or SSOC BVA/CVAC decision not appealed within the specified time limit)? For CUE the decision must be final.

Did the Doctor state on the exam that the chronic condition is SC, or did they state it is related to your military service or another SC condition. If the exam doesn't opine on its relation to service this might be a thin argument for inferred claim.

you indicate you filed the month you were discharged. Did you file a claim for the specific condition or was it noted on the exam that you had for some other condition?

Best regards,

[john999]

When you file the CUE you must be very specific as to what the error was and where in the process it occurred. For instance, in you original rating if the VA ignored an IMO or information in your SMR's you have to point that out specifically. If your c&p doctor said "veteran cannot work due to service connected condition", and the VA denied your claim then that might be a CUE for TDIU.

[carlie]

Seeking help in what to write to send in claim for CUE/EED due to "inferred claim".

i meet these numbered items from the list in link below:

#4. Informal/Inferred Claims can lead to an EED.

#7. When Vet applies within a year of discharge.

:filed the month i was discharged

#8. Clear, Unmistakable Error can lead to an EED.

:have IMO detailing this

#3.157 visit to the clinic can establish the claim effective date

:true for me, plus i have C&P from that pereiod stating "severe chronic disese..." that VARO ignored.

:evidence from mil med records VARO ignored

:errors from navy PEB ignoring medical evidence

I don't get a response from VSO when i presented this to them so i figure i'll need to file myself.

I don't know what form, and what to write or not write when submitting claim for CUE substantiated by at least the above items i listed. looking for advice on this...

autumn,

The above doesn't make much sense to me.

A claim for CUE does not need to go on a special form

a 21-4138 would be fine . . . BUT . . .

a claim for CUE must be plead with specificity.

To see if you might even POSSIBLY have a CUE - first - fill in the blanks below.

(I am doing this very quickly and don't count on it as a basis for completion / accuracy).

I feel there was a CUE made on rating decision dated XX/XX/XXXX.

This decision has become final.

The issue the CUE was made on is: ________________________________

The denial or whatever states: ____________________________________

_________________________________________________________________.

USC38 _____ / CFR 38_________, in effect when the prior decision (CUE) was made.

The prior decision goes directly against the above law / reg by:

___________________________________________________________

____________________________________________________________

Had this CUE not occurred it would have manifestly changed the decision

and I would have been in receipt of ____________________.

This benefit is a Property Right.

[autumn]

autumn,

The above doesn't make much sense to me.

...removed to save space ...

Carlie,

when have i ever made sense? ;-)

all i was trying to ask was, is along with adding the documentation folder i have, plus the IMO that addresses CUE, what form, if any do i need and generally what one would write on that form.

i think you provided what i need to get started and make some rough drafts.

[autumn]

When you file the CUE you must be very specific as to what the error was and where in the process it occurred. For instance, in you original rating if the VA ignored an IMO or information in your SMR's you have to point that out specifically. If your c&p doctor said "veteran cannot work due to service connected condition", and the VA denied your claim then that might be a CUE for TDIU.

yes, that is what happened from what i can tell and what the IMO addresses.

your input helps me to get the ball rolling on rough drafts. i can have it ready to present to VSO if they decide to own it or file it myself. at this stage i'm seeking help/guidance here for rough drafts. i didn't know how to start a letter with this but do now.

[autumn]

Autumn,

Need a couple of more bits of information.

Is the EED you are looking for related to a decision that is final (over a year since original decision with no appeals, or appeals exausted, or SOC or SSOC BVA/CVAC decision not appealed within the specified time limit)? For CUE the decision must be final.

Did the Doctor state on the exam that the chronic condition is SC, or did they state it is related to your military service or another SC condition. If the exam doesn't opine on its relation to service this might be a thin argument for inferred claim.

you indicate you filed the month you were discharged. Did you file a claim for the specific condition or was it noted on the exam that you had for some other condition?

Best regards,

yes to your first question and at that time i didn't appeal that decision.

yes, at that time, the VA c&p doctor did state the chronic condition incurred in service. did state the secondary issues at that time were related to injury plus "chronic severe disease". he could find no pre-mil condtion(s) to account for secondary issues and thus they related to injury in service along with the disease statement i just mentioned in the previous sentence.

i filed for the conditions the navy discharged me with which didn't include MS.

i didn't file for MS specifically due to navy peb and va stated i didn't have MS though they ignored all medical documentation relating to MS symptoms and also listed 3 positive spinal taps as false, thus leading me to believe i didn't have that condition. VA ignored specific medical evidence relating to MS symptoms that was presented to them. the recent IMO points these things out backed by documentation.

what other condition would that c&p doctor have been speaking about? he was shown my navy medical documents from what i barley remember so he knew of the injury, knew of all the myriad symptoms, and knew of the positive spinal taps that the navy called false.