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Question

I do believe I have uncovered a CUE!  Service medical treatment records from Da Nang and Japan Naval Hospital indicate shell fragments received by my brother from Vietnam booby trap explosion lodged in his arm, back of knee, and heel.  Also the military separation physical exam shows scars at all three wound sites.   However, at the time of his C&P exam in 1983, the orthopedic VA doctor indicated there was a metallic foreign body in his heel and stated "most likely from old trauma" and that the Naval hospital reported that "all shrapnels were removed".   From that point forward, the VA completely overlooked his heel wound.  He was granted a service connected disability of 0% for his arm and knee.   No mention of his heel.   At his recent C&P exam last month (filed for re-open claim) they did not x-ray his heel.  This is like the example "a decision awarding benefits based on a single gunshot wound when the veteran had two gunshot wounds is a CUE".     He still carries the shrapnel in his heel -- and limps from it -- and this was mentioned in his statement for the new re-opened claim.    I am anxiously awaiting the new rating decision for his other disabilities -- PTSD, Schizophrenia, etc but this appears to me, as a novice, that there is certainly an argument for a CUE with the VA -- going back to 1983.  Anyone ?

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 "a decision awarding benefits based on a single gunshot wound when the veteran had two gunshot wounds is a CUE".    

That is a quote from

"VetsFirst is a program of United Spinal Association that assists veterans and their eligible family members in obtaining the benefits they are entitled to, deserve and need."

http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=1874

I have a local friend with 2 GSWs.

One GSW was rated at 40% and I think, raised to a higher rating some time ago.

I don't even remember if  he claimed the other GSW but it is on his DD 214.

I helped him with PTSD and SMC, and 1151 and we never discussed the GSW ratings, except the 40% when he also injured the same leg that one was on, at work ( while working at the VA)

I can't tell if the VSO who stated that has any legal reference for the example he gave.

I don't think it is accurate information  because he gave no legal citation.

However, if a past unappealed decision rated only one GSW, and yet the veteran claimed 2 or more GSWs and they were both ratable at a level of at least 10%, then that would be a CUE.

The 10% or more is critical for CUE claims.

 

 

 

 

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