Since I did the EECB and was finally able to get a copy of hubby's cfile, I found his original rating decision. I have posted the exact wording below:
We have carefully reviewed your claim for service connected disability compensation. The evidence we considered and the reasons for our decision are contained in the attachment to this letter.
The evidence establishes the following service connected conditions:
Condition Percent Effective Date
Seizure disorder 40% 9/1/90
Seizure disorder 20% 11/1/90
Letter Attachment:
The evidence we considered in making this decision was
Service medical records
The reasons for our decision are:
The TDRL evaluation of 40% was based on a major seizure within the past 6 months (April 1990).
Since there has, as of February 1991, been no seizure in the past 6 months, the evaluation as of October 1990 is 20%.
So, I looked at his service medical records and the last entry date was in April, a few days after his last seizure. He was medically discharged due to seizures in August 1990 and rated at 40% by the Navy. Since he was no longer in the military of course there would be no more records of any seizures in his SMR.
After he filed his application, He was never given any C&P exam. He was never asked for a lay statement regarding his latest seizure. Nothing...It appears all they did was look at his old service medical records.
Is this a fair decision? What are the regulations that guide a fair decision?
Question
NavyWife
Since I did the EECB and was finally able to get a copy of hubby's cfile, I found his original rating decision. I have posted the exact wording below:
We have carefully reviewed your claim for service connected disability compensation. The evidence we considered and the reasons for our decision are contained in the attachment to this letter.
The evidence establishes the following service connected conditions:
Condition Percent Effective Date
Seizure disorder 40% 9/1/90
Seizure disorder 20% 11/1/90
Letter Attachment:
The evidence we considered in making this decision was
Service medical records
The reasons for our decision are:
The TDRL evaluation of 40% was based on a major seizure within the past 6 months (April 1990).
Since there has, as of February 1991, been no seizure in the past 6 months, the evaluation as of October 1990 is 20%.
So, I looked at his service medical records and the last entry date was in April, a few days after his last seizure. He was medically discharged due to seizures in August 1990 and rated at 40% by the Navy. Since he was no longer in the military of course there would be no more records of any seizures in his SMR.
After he filed his application, He was never given any C&P exam. He was never asked for a lay statement regarding his latest seizure. Nothing...It appears all they did was look at his old service medical records.
Is this a fair decision? What are the regulations that guide a fair decision?
Is this a CUE?
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FormerMember
You will learn that one of the most potent forms of denial is ignoring evidence legitimately submitted that is in the c-file. If VA wins this first round and you toss in the towel, for all intents and
Philip Rogers
I'm sorry but I'm going to disagree w/everyone here. I feel the VA should have provided a him w/a C&P exam, as this was his initial claim, otherwise they should have rated him the 40% that the Na
NavyWife
I have a few more questions. He had 3 more denials after this one for the same thing. He felt his seizures should be rated at the 40% that the Navy medically retired him at. His 2nd denial, there
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