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If This Is Not A Cue Clear And Unmistakable Error Then Nothing Is!


c-vet1982

Question

November 21 1981 fell out of top bunk (about 5 Ft.) was then put back in bed unconscious until the next day

November 23 1981 went to Emergency Room and complained of pain in right ear, 1"1/4" gash behind right ear

November 24 1981 back to Emergency Room yellowish dried fluid in canal C-File shows question mark after ? ruptured, Cannot Hear, dizziness most likely had a ruptured eardrum from the fall

November 25 1981 back to Emergency Room muffled hearing, Ear Pain, Red Ear Canal

December 7 1981 Back to Emergency Room very nervous, very frustrating attitude

December 14 1981 Hospitalization History of present illness:

squad leader and first sergeant described patient as a good soldier and wished to retain. Two weeks prior to admission he apparently "banged his head" but there was no sign loss of consciousness (WRONG) nor evidence of external injury (WRONG). The initial impression was of a possible toxic agitation secondary to drugs and/or beer (WRONG), and it was decided to rule out a subdural hematoma and a CAT scan was also ruled out.

I now began my 4-month stay in 3 Psych Hospitals in Germany, San Francisco, & Los Angeles all the while being pumped with Thorazine 300 mg, Lithium 1500 mg's, initially I was given Haldol 10 mg. I was frequently visited by a bunch of quack doctors who kept asking me "how does that make you feel" I was so dam medicated my family came to visit me in San Francisco I remember their faces as i could not speak properly I could not think, talk, or walk for months. I barely remember most of my experience, I was eventually denied my benefits for not returning for a medical appointment due to my illness and fear...

Filed my claim March 3, 2010 for paranoid schizophrenia, depression, PTSD, Sleep Apnea, and Ulcerative Colitis and still waiting...

-CP

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Date of Ratig Decision you want to submit that a CUE was made.

XX /XX/XXXX ?

Rating Decision stated ??? _____________________

in the Reasons and Bass Of this decision.

What law or reg was not properly applied and how ?

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  • HadIt.com Elder

If you do file a CUE claim you can bet that you will be in a prolonged fight. You need a lawyer I think to help you every step of the way if you do not have a expert knowledge of what a CUE means. My lawyer and I believe we have a really tight CUE claim, however, my CUE claim is waiting a decision at the CAVC right now after 6-7 years.

If I were you I would try and get 100% now and then file your CUE. I would do as John has suggested and get a lawyer to help you with this. What kind of discharge did you get? Was it a medical discharge? Do you have a complete copy of your C-File. You may have to shop it around to various lawyers to get them to take the case, especially if you think there was an error made. Considering you may have almost 30 years of retro it might not be that hard.

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john999,

I honestly did not intend on waiting so long my wife convinced me to start this, yeah I have been waiting for the outcome since 2009 to do a NOD, and have a list of various legal contacts, and yes I am fully aware that this may take potentially somewhere between 5-25 years I am 51 so do the math...

Honorable Discharged 1984, I was removed from 70% TDRL and placed on permanent physical disability @ 10% but I missed an appointment and disallowed in 1982, but the kicker is I don't recall where my head was at at the time as I continually denied my injuries which may have been a symptom of my injury hard to tell...

Jump forward 2008 I never even told my wife of this as I could not remember until i requested my c-file and read all 57 pages and now I know what happened I honestly thought I either slipped a drug or hit my head I could not recall, but I do have of symptoms of head injury especially chronic fatigue, anger, depression, sleep apnea, I cannot believe my wife put up with me all this time but i do know that being cognizant of my symptoms was my problem from the get go...

-CP

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Carly,

I am waiting for my initial outcome then the NOD, I will work with counsel to establish the errors...

Date of Rating Decision you want to submit that a CUE was made.

06/14/1984 ?

Rating Decision stated ??? 10%

in the Reasons and Bass Of this decision. Permanent Physical Disability

What law or reg was not properly applied and how ?

TBD

-Chris

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PainterBK,

Ok sorry for the confusion my timeline is like this:

May 12, 1982 - Placed on Retired List Department of the ARMY @ 70%

September 8, 1982 - Failure to report for examination "disallow'

June 14, 1984 - Removed from TDRL discharged due to permanent physical disability Department of the ARMY @ 10%

I never even made it to the VA.

-CP

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Cvet,

My experience sounds somewhat similiar to yours.

I was sent to Walter Reed In 75, placed on TDRL

@ 30%. Downgraded to 10% with honorable discharge

in 1977 with separation pay. I never had any dealings

with VA until 2009. I filed for VA compensation in

2011 & discovered I had a VA rating of 50% since Feb.

1976. I never even knew I was rated by VA. When I

was hospitalized I had filled out paperwork & because I

was collecting Army disability pay I couldn't receive VA

pay also. Have you seen you're Cfile. When I received

mine it filled in alot of gaps for me. With the help of

the good folks here I was able to work my way

through the maze the VA puts you into.

Good Luck to you. Stick with it and you will

eventually come out the end of the tunnel.

Bob K

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PainterBK,

Ok sorry for the confusion my timeline is like this:

May 12, 1982 - Placed on Retired List Department of the ARMY @ 70%

September 8, 1982 - Failure to report for examination "disallow'

June 14, 1984 - Removed from TDRL discharged due to permanent physical disability Department of the ARMY @ 10%

I never even made it to the VA.

-CP

If you've never even made it to the VA with a claim then there has been no rating decision,

no rating decision = no CUE.

How's your ear ?

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PainterBK,

Yeah my C-File is 57 pages long and filled gaps regarding banging my head, I never dealt with the VA or the ARMY after I was out of the hospital I was seeing a psychiatrist who kept telling my what happened was because i drink too much. I honestly had a hard time dealing with what happened to me I was completely traumatized by the return home with my parents in denial my brothers and sisters telling everybody I was a "nut job" I almost killed myself when I was about 23. I had lost everything my mind, my high sweet heart, my everything I had this tremor from the medication so my nick name was "shaker" one of my stupid friends. I tried to put it all behind me and move on but reading that C-File made it all come back and I have had so many symptoms over the years I work full time but I struggle with chronic fatigue and especially depression I remember my dad always telling me what's wrong with you? I attending jr. college completed my AS degree but the fatigue was too much to continue, I constantly change jobs as people just get on my nerves literally. I have had ulcerative colitis due to my anger and I have grinned my teeth down and my dentist says i need a mouthpiece at night but I do this while I am awake and they don't get it. I just turned 51 maybe that's why I opened up this wound in my life and it is hard to do this. I did not want to revisit this nightmare but my wife told me to do it as I never told her what happened until recently she just found out and read my C-File I thought she was going to leave me but she is still with me so I do have support I told my son my daughter that I hit my head so they they understand so I am waiting wondering what will come of all this...

thank you for the positive words I will endure as I am a survivor either way...

-CP

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Carly,

Yeah the CUE is not my priority just thought when I do the NOD unless my claim outcome is favorable.. Other than the scar my ear I have no long-term problems so I did not add the ear part in my claim.

-CP

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Carly,

I am waiting for my initial outcome then the NOD, I will work with counsel to establish the errors...

Date of Rating Decision you want to submit that a CUE was made.

06/14/1984 ?

Rating Decision stated ??? 10%

in the Reasons and Bass Of this decision. Permanent Physical Disability

What law or reg was not properly applied and how ?

TBD

-Chris

What the heck is TBD in regards to CUE ?

To Be Determined ?

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  • HadIt.com Elder

You dont have a CUE with the VA.

Your issue is with DOD.

It is rare but I have seen it before.

Dont ever miss an exam unless yhou are in the hospital. It gives them the power to railroad you at their will.

J

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Hi Cvet,

If your claim was filed in 2010 thats a long time.

Have you tried to call case management. It is set up

to help people with claims that are over 18 months old

with no decision. It sounds like your problems are

service connected. You have to take things one step

at a time & unfortunately it takes a long time to go

through. You have to advocate for yourself &

respectfully make some noise otherwise you could

be waiting a long time. Its a very confusing & frustrsating

process. I can relate to alot of things you say about

your illness. Use family & friends as support. They

can help alot more than you think. Hang in there &

never give up!

Bob K

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Hi Cvet,

If your claim was filed in 2010 thats a long time.

Have you tried to call case management. It is set up

to help people with claims that are over 18 months old

with no decision. It sounds like your problems are

service connected. You have to take things one step

at a time & unfortunately it takes a long time to go

through. You have to advocate for yourself &

respectfully make some noise otherwise you could

be waiting a long time. Its a very confusing & frustrsating

process. I can relate to alot of things you say about

your illness. Use family & friends as support. They

can help alot more than you think. Hang in there &

never give up!

Bob K

Thank you for the positive words means a

lot...

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Hi Cvet,

If your claim was filed in 2010 thats a long time.

Have you tried to call case management. It is set up

to help people with claims that are over 18 months old

with no decision. It sounds like your problems are

service connected. You have to take things one step

at a time & unfortunately it takes a long time to go

through. You have to advocate for yourself &

respectfully make some noise otherwise you could

be waiting a long time. Its a very confusing & frustrsating

process. I can relate to alot of things you say about

your illness. Use family & friends as support. They

can help alot more than you think. Hang in there &

never give up!

Bob K

What number is case management?
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