Newly Discovered Service Records That Was Avabile

[mos1833]

the va could not locate my personel records after two requests

mainly because they requested the wrong records for the claimed disability

and i told them sooooooo

i told them that i had requested my smr's and i received them in 2000

but that i was homeless and they got lost.

so i gave them the address i used to get them.

to make a long story short , my sister was moving last year and found the folder

which i had received in 2000. it has stuff that would prove what i have been saying

since day one. that i never recovered from my back injury.

it shows where i was removed from duty with the dates more than three times,

they denied my claim because of they did not believe my testimony.

now can i use this as a cue or try to get them to reconsider using newly discovered

service records

thanks

[TiredCoastie]

I think you should submit copies of your SMRs as evidence with a new claim but make sure you write a letter explaining that you are reopening the past denial based on the finding of your SMRs per 38 CFR 3.156©.

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=6d8f3661149f8bb72c1e7c03735fa252&ty=HTML&h=L&r=SECTION&n=se38.1.3_1156

Do you have a way to show that you've been receiving treatment or care for your disabilities? Can you obtain those records? Can you get a doctor to fill out a DBQ form? Would the doctor make a written statement tying your current disabilities to those you had on active duty? Just trying to help you make your case as air-tight as possible...

The whole "duty to assist" thing doesn't seem to hold up, so it's no wonder your records were never obtained or considered. You've got to be your own advocate, do as much work for them as possible, etc just to be successful. What that does is place vets like you, who were homeless for a while, at a significant disadvantage. Those who need help the most can't get it because they don't have the resources to successfully navigate the system.

[Berta]

Great advise . 38 CFR 3.156 can be as powerful as a CUE claim.

This is good news MOS 1833, because I think this stuff happens to more vets than we know.

[carlie]

Great advise . 38 CFR 3.156 can be as powerful as a CUE claim.

This is good news MOS 1833, because I think this stuff happens to more vets than we know.

Berta,

I would think that newly discovered records would not fall under CUE,

because having the newly discovered records only meets the first prong of the CUE criteria.

but if those newly discovered records result in SC, then 3.156c would support the earlier effective date of the claim.

I feel that this claimant would be best to use the 3.156 over a submission of CUE

Does that sound right ?

I'm posting this because the OP has it in the CUE forum.

[mos1833]

thanks tired,and berta

berta do you recall a post i made a couple of years ago about how

the va requested records that had nothing to do with my back claim

they requested records for a ptsd claim that i droped, and yes i told them that

so i got the claim remanded to get my personal records, but guess what they just

re-summeted the same request as before, and then denied my claim cause of no evidence

that may show i had a chronic injury.

any way i started an inquirey last year for them to explaine why they had not decided a cue claim

i made back in 2000,now when i check on whats going on using the 1-800 no.

they say because of the inquirey they had to re-open my claim ( does that sound right ) ?? thanks

[Berta]

Yes Carlie---you are right !

I think Mos1833 raised the CUE issue here some time ago

"they say because of the inquirey they had to re-open my claim ( does that sound right ) ?? thanks"

I dont know what they mean but I also think, if VA wants to re-open something, that could be a good thing.

They dont send VCAA letters out on CUEs, if this is the older CUE you filed that they re=opened , but maybe something else turned up in what you said in the Inquery.

I forget, do you have a vet rep?

[mos1833]

berta no rep i'am on my on

i was wondering about what the 1-800 guy told me ,

that they re-opened my claim just because of the inquirey.

if i summit the records ,then they will only reconsider is that right ???

because they made a lot of other mistakes.

thanks