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


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...


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


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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You need to float this issue to an attorney like Bergmann Moore for their input.

They may be able to direct you.


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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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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...


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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 ?



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