degenerative arthritis 20% - Moved the Football Another 10 Yards

[MarkInTexas]

Markin, that definitely sounds like a CUE to me as well, I would DEFINITELY file a NOD immediately, pointing out the erroneous records that stated you were 16 in 1977, and point out that you submitted no medical records prior to your enlistment.  I would draw attention as well to the fact that your entry exam was clear, and your separation exam noted the condition.  I would also file a FOIA request on the "1977 medical records" that they used to make their assumption,  but as Redneck said earlier, hopefully one of the senior members experienced with CUES will weigh in as well. Chuck75 also made a great point, EVEN IF the back condition was preexisting, they still have to take into consideration that service would have worsened it considerably.

Thanks all! I'm sending off a C-File request over the next day or so to see what the C&P contained, and to get a new idea about they are trying to look at in my file for their rationale.  I've already got a copy of my C-File, but it's much older now and there have been a lot of things filed over the years.

Meanwhile, to do a CUE, do I simply mention the error in my NOD?  Also, shouldn't they have offered me the option of a hearing with a DRO before deciding on this case, and any others under a NOD before deciding?

Thanks again!

Mark

[Chuck75]

Thanks all! I'm sending off a C-File request over the next day or so to see what the C&P contained, and to get a new idea about they are trying to look at in my file for their rationale.  I've already got a copy of my C-File, but it's much older now and there have been a lot of things filed over the years.

Meanwhile, to do a CUE, do I simply mention the error in my NOD?  Also, shouldn't they have offered me the option of a hearing with a DRO before deciding on this case, and any others under a NOD before deciding?

Thanks again!

Mark

 

All the paperwork I received on a denial included a statement to the effect that you could request a DRO hearing or review. The typical problem was that it would be scheduled out so far that the year to NOD was close to expiring, and getting the results might extend it even more beyond the year.

As to CUE and the NOD, you can certainly raise a CUE issue on the NOD, along with any others.   Since the VA is in the middle of change, it's hard to predict how they are going about things now. (And, they aren't really too transparent about such things.)

My VARO stopped answering phone calls during business hours, and requests veterans to call back after normal business hours.

Then, the veteran may actually get a "counselor" after the usual wait, or the call back option.

[MarkInTexas]

Thanks Chuck!  Is there are certain CFR I should reference on a CUE?  I've never done that before.

Mark

 

[flores97]

I would definitely get Berta's opinion on that, Markin, as she has the most experience.  Also, try googling what CFRs would be most helpful with a CUE in your situation, I will do some research on that myself tomorrow to see what I can dig up

[MarkInTexas]

Thanks!  The VA amazes me......battle ain't over yet.  Time for me to start educating myself on CUE's.  Have a great weekend!

Mark

 

[MarkInTexas]

Checked the mail this afternoon, and yep....a brown unfriendly looking envelope.  Sure enough, it was another SOC for everything else.  Denials across the board with a BVA form attached.

I used Doctor Ellis with the Ellis Clinic for my IME/IMO, and they cited him quite a bit, but stated that he did not state that he reviewed my records.  However, he actually did and stated it at the end his total report, along with an attached list of records.

They pretty much advised that the nurse practioner provided more probative evidence because he reviewed my records, than a licensed medical doctor and another doctor who is my oncologist of the past 17 years.  They also stated that a C&P had been scheduled due to Doctor Ellis not stating that records were reviewed, although he did.

They also once again mentioned some mystery records from 1975-1979.   I looked over my PDF of the 89 pages of the other veterans' records that the VA had sent me, and it looks like these poor guys are still stuck in my C-File.  Instead of being 46, I guess the VA thinks I'm 56 and 82.

Looks like I need to regroup and rethink.  Battle isn't over yet, but I guess I need to get it in somewhere that they are mistaken regarding the probative value of the Ellis IME/IMO report.

It does say that I can request a hearing prior to the case going to the BVA if I request it.  Any thoughts?

Thanks again for everybody's help!  Have a great weekend!

Mark

Edited September 19, 2015 by MarkInTexas