I am assiting a relative with his appeal. What do you think of this for CUE?
In Vietnam from 1966 to 1968
Attempted suicide in 1974, sent to the VA for 3 months. The only records in the cfile and that we can find are two one page summaries. One states that patient experienced feelings of depression since Vietnam in 1968. Diagnosed with depressive neurosis on discharge.
A claim was filed while he was in the hospital in 1974 for nevous condition.
It was denied stating "the service medical records are negative for anything refeable to the currently claimed disabilities." Also states "Veteran has submitted no medical evidence referable to either of the claimed conditions."
1985, he filed another claim, it was denied, he didn't show up for a medical exam.
2011 he files again, goes to his exam rated at 30%.
2012 files for increase, rated at 70% earlier this year.
We are currently appealing based on earlier effective date and also for TDIU.
My question is with regard to the earlier effective date, do you think we can file for CUE on the basis that they had his medical records from his VA stay for a suicide attempt?
Where can I find the regulations for how the evaluated claims back then? I know I have to find error with the law they applied back then, but I am having trouble trying to figure that out.
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bigred1
I am assiting a relative with his appeal. What do you think of this for CUE?
In Vietnam from 1966 to 1968
Attempted suicide in 1974, sent to the VA for 3 months. The only records in the cfile and that we can find are two one page summaries. One states that patient experienced feelings of depression since Vietnam in 1968. Diagnosed with depressive neurosis on discharge.
A claim was filed while he was in the hospital in 1974 for nevous condition.
It was denied stating "the service medical records are negative for anything refeable to the currently claimed disabilities." Also states "Veteran has submitted no medical evidence referable to either of the claimed conditions."
1985, he filed another claim, it was denied, he didn't show up for a medical exam.
2011 he files again, goes to his exam rated at 30%.
2012 files for increase, rated at 70% earlier this year.
We are currently appealing based on earlier effective date and also for TDIU.
My question is with regard to the earlier effective date, do you think we can file for CUE on the basis that they had his medical records from his VA stay for a suicide attempt?
Where can I find the regulations for how the evaluated claims back then? I know I have to find error with the law they applied back then, but I am having trouble trying to figure that out.
Thanks so much for any insight and guidance!!
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