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!!

[broncovet]

Cue's are great for playing pool, but you probably need a .38 CFR 3.156

This is the regulation allowing you to win an eed and to reopen due to new and material service records.

[carlie]

Pat close attention to part a and part c.

38 CFR 3.156

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=61cc8536ecb74097a673874b999a613d&rgn=div8&view=text&node=38:1.0.1.1.4.1.60.65&idno=38

[bigred1]

Thanks for the replies. That reg refers to service records. Are medical records from the VA considered service records? I wasn't sure about that.

Any more insight on what regs they violated back in 1974?

[bigred1]

And also I am not really sure if it's new and material evidence or rather it was evidence they just ignored. He was hospitalized first then filed a claim while in the hospital (he thinks the doctor or someone at the va did it for him actually). The two discharge summaries are in his cfile, but they never addressed it. Not in 1974, the rating decision is very short and basic stating what I quoted above. In the 2011 decision, it doesn't even refer to the hospital summaries in the evidence. Neither does the most recent decision earlier this year. It seems to me that they are just ignoring the evidence.

Any other thoughts?

Thanks so much!!!

[stillhere]

His c file should show the reason and how they adjudicated it. I had a claim in 84 that was denied for hearing loss and my letter only denied not service related. When I got my c file it had all the stuff they had used to deny including the audio test and the reason why i was denied.

Check the c file there should be something there!

Stillhere

[bigred1]

His c file should show the reason and how they adjudicated it. I had a claim in 84 that was denied for hearing loss and my letter only denied not service related. When I got my c file it had all the stuff they had used to deny including the audio test and the reason why i was denied.

Check the c file there should be something there!

Stillhere

I have and it is basically b/c there is nothing in there to support nervous condition or depression, which was his original claim he submitted about 5 years after he left vietnam.

However, I just rereviewed it, the handwritten doctor's notes are difficult to decipher. But there is treatment notes in there for "chronic gi" and "nausea". I can't read everything, but I do see those words. I am wondering if that can be used as evidence for service connected nervous condidition to get an earlier effective date?

Any thoughts as to that?