Should I File Cue Now?

[Cavman]

I have an appeal at the VA and a new claim at the VA presently. I am going to file a CUE for a related, but different matter. I think I probably should wait until at least the appeal is completed before starting the CUE. Thoughts....please.

Cavman

[Guest jstacy]

Here you go Adora/ The 3.400 states that Effective DAtes. Date entitlement arose or the date of claim whichever is later except for newly discovered service records.

We need to hammer this point home across HAdit for If the folks have been through the same claims grinder I have, There should be a lot of retro waiting.

http://a257.g.akamaitech.net/7/257/2422/01...06/E6-14746.htm

Edited September 30, 2006 by jstacy

[Wings]

Wellll, at first glance it's gobleygook to me lol!

However, the implications of the new law seem far reaching - when you think about it ... if you have a brain to think with !!

Don't ya just love to hate they way they cover their 6 by suggesting the evidence was FINALLY "ASSOCIATED" with the claims file; not that the records were ever lost or misplaced lol! Man oh man, there's some real mind benders in this new law ... all this seems a fallout from the VCAA. Ya think?!

I like that declassified records are going to be recognized: how fast are they declassifying these days?! I've got a buddy that was headed for Granada with some nasty classified pre-ops ... ~Wings

Edited September 30, 2006 by Wings

[cowgirl]

The VCAA of 2000 put the responsibility of the shoulders of the VA to get all records in the posession of the Government. Not getting your records was in direct Violation of the ACT. You may not get paid back to 1978 as things were different before 2000< However, you can use the new criteria of Rin 2900-AM15 (recipt of evidence for an earlier effective date. ( Service records) Maybe back to 1978) Even if a claim was final, and the service record shows the conditonm existed in service, You should be entitled. As the Geico commercial goes, Payback, This time it is for real.

Oh My word, I just got told a few days ago that my active duty medical record diagnosis over 20 years ago was incorrect. Pysch willing to make a statement as such. Diagnosed "short term" depression, however treated for years afterwards for chronic condition, ie major depression.First filed in 95, however didnt elaborate, simply listing items for C&P. Now I look at it all and the discussion here really has sparked my attention. Me thinks I need to get busy and check it all out. Breathless and worried here.cg

[Josephine]

Cowgirl.

Everyone needs to check with the archives and look for long lost records. My first claim of 1978 was never adjudicated and the second one they did not use my earlier medical records and then when the pension came in, I located all of my psychiatric records and recommendation of early discharge.

I spoke with The Management Center yesterday, and Supervisor of all has my claims file for review, to make some decisions.

I never once ask for cue, as I was warned not to. I only preached to them of how they violated my rights in 1978, as my DD 214 told them that those records were there.

I am going to fight them to the end on this one.

The second C&P was all slanderous and the changing of my medical records and I have requested to The Management Center for another C&P, as I ask the R.O for one and so did Honorable Daniel Cooper's office, but they always stated it was the DRO's decision.

In their denial, they stated, We place our weight with the Psychiatrist as they are Psychiatrist.

This is hog wash to me.

The first C&P was with a Phd Psychologist and his C&P made perfect sense with rationale for all his decisions.

I have 42 years of medical records from treatment from 1964 in service to date and a letter from my treating physican in service and out of service.

I want to show the new Psychiatrist, all the medical information, which we both have, to show where the psychiatrist, took my military and private records and changed them.

They keep hollering Psychological Testing, but they sure as heck didn't do any any service.

Keep and eye on your records and check and double check, you may just be surprised. Sounds like you are entitled to retro also.

Thanks to all!!

Josephine

Edited September 30, 2006 by Josephine