I got a notice from the VA about my CUE today. I could feel a powerful wind from the door slaming in my face as I read and re-read the criteria. If the VA did not consider TDIU in the face of clear evidence of unemployability could this be CUE? The VA said the question of employability was not applicable. What my doctor said at the time and what the VA said in their rating decision have nothing in common except my name. Five months worth of mental health records were not requested by the VA. At my last duty station I was being seen by a psychiatrist and no effort was made to get these records. There was no discharge physical. I was driven to the gate of Hunter Army Airfield and told to get off the property. My doctor said I was unable to work and incapacitated. The VA said I was borderline, depressed and anxious. I had just spent two weeks inside the VA nuthouse and that is the evaluation they used. The doctor was mad at me because I left AMA. I never had a C&P exam. I know the VA only considers evidence that was before the rater at the time for CUE. Would it do any good to get my doctor of 33 years ago, who I still see, to write something to clarify what he said in his report to the VA about my condition at the time or is that just a waste? I had in-service medical records that said depression, anxiety and drug abuse and personality disorder, of course. I never bring up the drug abuse because it happened 35 years ago and I let that dog lie. I got a 10% rating. That is preposterous, but I was too sick to even understand that I could fight it. I reopened the claim many times since and got 30% and then 70%. I was much worse when I was getting 10% than when I was getting 70%. My private doctor wanted me out of the VA hospital because he told them I would become institutionalized if I stayed, and that this was a bad thing. I was 21 years old and on the street. You know there was a large number of Vietnam vets who were homeless and living on the street during the late 60's and early 70's. My private doctor was seeing me as a charity case. I would not go near the VA.
I also got my duty to assist letter regarding the DMII and the ED. I gotta prove it they say. I understand that even though the DMII training letter says ED is evident in 60% of men with DMII. I am seeing my VA doctor who diagnosed it and treated me to see if I can get her to just say "DMII and ED as likely as not related". I also will ask that the artery disease be SC'ed. I am in no hurry. I will drive to the RO and hand deliver every bit of evidence. I am going to see a private vascular surgeon in November so I want my extra time to gather evidence. I asked for an exam and I am going to bring up the arteriosclerosis. It is so common in DMII cases that you do not even have to prove a nexus according to the VBM. The letter I got from the VA said amputations don't have to be proved if you have DMII and arteriosclerosis. That is not quite the same thing.
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john999
I got a notice from the VA about my CUE today. I could feel a powerful wind from the door slaming in my face as I read and re-read the criteria. If the VA did not consider TDIU in the face of clear evidence of unemployability could this be CUE? The VA said the question of employability was not applicable. What my doctor said at the time and what the VA said in their rating decision have nothing in common except my name. Five months worth of mental health records were not requested by the VA. At my last duty station I was being seen by a psychiatrist and no effort was made to get these records. There was no discharge physical. I was driven to the gate of Hunter Army Airfield and told to get off the property. My doctor said I was unable to work and incapacitated. The VA said I was borderline, depressed and anxious. I had just spent two weeks inside the VA nuthouse and that is the evaluation they used. The doctor was mad at me because I left AMA. I never had a C&P exam. I know the VA only considers evidence that was before the rater at the time for CUE. Would it do any good to get my doctor of 33 years ago, who I still see, to write something to clarify what he said in his report to the VA about my condition at the time or is that just a waste? I had in-service medical records that said depression, anxiety and drug abuse and personality disorder, of course. I never bring up the drug abuse because it happened 35 years ago and I let that dog lie. I got a 10% rating. That is preposterous, but I was too sick to even understand that I could fight it. I reopened the claim many times since and got 30% and then 70%. I was much worse when I was getting 10% than when I was getting 70%. My private doctor wanted me out of the VA hospital because he told them I would become institutionalized if I stayed, and that this was a bad thing. I was 21 years old and on the street. You know there was a large number of Vietnam vets who were homeless and living on the street during the late 60's and early 70's. My private doctor was seeing me as a charity case. I would not go near the VA.
I also got my duty to assist letter regarding the DMII and the ED. I gotta prove it they say. I understand that even though the DMII training letter says ED is evident in 60% of men with DMII. I am seeing my VA doctor who diagnosed it and treated me to see if I can get her to just say "DMII and ED as likely as not related". I also will ask that the artery disease be SC'ed. I am in no hurry. I will drive to the RO and hand deliver every bit of evidence. I am going to see a private vascular surgeon in November so I want my extra time to gather evidence. I asked for an exam and I am going to bring up the arteriosclerosis. It is so common in DMII cases that you do not even have to prove a nexus according to the VBM. The letter I got from the VA said amputations don't have to be proved if you have DMII and arteriosclerosis. That is not quite the same thing.
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