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Cue Original Claim

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Guest Dorothy Kansas

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Guest Dorothy Kansas

This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

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Guest Dorothy Kansas
Dorthy:

Since you say you did not get a discharge physical, your first step would be to get this corrected and any injuries you sustained in the service documented.

My father didn't have a discharge physical and had a heart attack shortly after his discharge.  he was a coureer Marine and was treated at a military hopital for his heart attack. All done post discharge, which was later attributed to services failure to do the physical and due to his age, and electrocardiogram.

So first, I would take things up with the brach of service you belonged to and appeal your discharge for failure to give you a discharge physical.

If you were treated for these things in the service,  then their sould be some records in your service medical records or something that may indicate that these injuries had occured in service.

You can then take those records and may have sufficient grounds to appeal their decision.

Jim S.

<{POST_SNAPBACK}>

thank you for responding Jim-- I believe I signed a waiver to the post discharge physical. I was in a hurry to get out. I was scheduled to reenlist but I changed my mind. My records clearly demonstrate these injuries occured in service. They just gave more lattitude to the C&P examiner opinion. They never discussed the presumption of soundness rule. This where I feel I can win since I never appealed the issue and a SOC was never given in regards to these issue

Edited by Dorthy Kansas
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Dorthy: even if you show they didn't consider the presumption of soundness, you will also have to show your condition is to a digree had they not made the mistake, you have a dissability.

An IMO from a Orthopedist and a foot Dr. will most likely be needed to counter the C&P Examiner's findings.

You can get the C&P exams here on this new sight and gives them to the IMO DR's for them to follow.

Even though they do not have to specify each and every point in why they disallowed your claim, they can not make an arbitrary and all inclusive statement, they must at least spicify what is needed to prove your claim prior to any decision. Otherwise, the claim may still be considered open for failure to properly assist you in proving your claim and if they decided, they failed to give proper reason and basis for their decision

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  • HadIt.com Elder
This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

<{POST_SNAPBACK}>

It sounds like they did not find your service medical records. The same thing happened to me initially. My SO told me that it was my responsiblity to find the records or any treatment records from private doctors I saw during the military.

What is most important is what the exact diagnosis and treatments were. The fact that you were treated for a condition in the military does not service connect all subsequent knee conditions. Unless you establish a valid claim based on medical principals filing a CUE will not in and of itself win your claim. The medical evidence must be developed. My opinion

Hoppy

100% for Angioedema with secondary complications

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This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

<{POST_SNAPBACK}>

Presumtion of soundness except defects and infirmities noted on enlistment does apply B) . It did in my cases so far? You may have to go to them with hat in hand "only to teach them to read" they cant read with understanding, they prejudge and inject biases, they are short handed, short fused and short....never mind that!!

Arch

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Guest Fla_viking

Dorthy.

Any medical treatment with in one year of discharge and is linked to your disablity which you are now seeking. Is concidered Service connected.

You do not need SMR if you have after service care within the year.

Terry Higgins

Presumtion of soundness except defects and infirmities noted on enlistment does apply B) . It did in my cases so far? You may have to go to them with hat in hand "only to teach them to read" they cant read with understanding, they prejudge and inject biases, they are short handed, short fused and short....never mind that!!

Arch

<{POST_SNAPBACK}>

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Guest Dorothy Kansas
Dorthy.

  Any medical treatment with in one year of discharge and is linked to your disablity which you are now seeking.  Is concidered Service connected.

  You do not need SMR if you have after service care within the year.

Terry Higgins

<{POST_SNAPBACK}>

I reviewed my records they just failed to consider the evidence they based their opinion on a flawed examination by their C&P Doctor. Basically he said I had no complaints at this time but this is inconsistent with my health records.

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