tdiu Is This Cue?

[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!!

[bigred1]

Just to clairfy, they are notes from when he was in vietnam, he must have went to the infermery or to see the doctor there on camp.

[Philip Rogers]

Regs from then are kept in public federal depositories located throught the nation. Your local library should be able to assist you in locating that info. I think you would have a better chance of winning if he has a current diagnosis of PTSD or something similiar. Back in the '70's they weren't required to explain their decisions the way they are now. Most law libraries would probably have them also.

pr

Edited June 6, 2013 by Philip Rogers

[bigred1]

Regs from then are kept in public federal depositories located throught the nation. Your local library should be able to assist you in locating that info. I think you would have a better chance of winning if he has a current diagnosis of PTSD or something similiar. Back in the '70's they weren't required to explain their decisions the way they are now. Most law libraries would probably have them also.

pr

he is 70% right now ptsd. he was 30 then got 70 earlier this year. We are trying to get tdiu, he has another appointment coming up. I think it will go up then. After that I want to go after for earlier effective date. Just trying to understand it as much as I can so we can have the strongest case possible. Finding the regs from the 1970s has been a bit confusing. Thanks for your help!

[john999]

In his orginal denial did the VA address his social and occupation adjustment. I can tell you that in my 1973 rating the VA ignored evidence, did not consider my occupation adjustment (I wasn't working) and violated my due process rights. I would get a lawyer for this because if you want to try and say that his first hospitalization should have rung the VA's bell about his mental state and his service I think you need expert legal help. It would be worth it. In my own case the VA changed their rules as far as rating mental disorders in the middle of my claim. I found this out when my CUE hit the Court of Vet Appeals. I know what these old VA claims look like and they appear to have been done by retarded primates.

John