1975 CUE?

[WomanMarine]

I have been revisiting my service-connected injury and believe I may have a CUE.

My original post:

The claim I filed was recently denied. They used the same verbiage in this denial as they did in 1980.

In 1980 they stated: "VAF 21-526 does not show that she has required any subsequent since service. The evidence does not reveal aggravation beyond the natural progression of the original injury. "

I will assume that the V.A. is meaning that I did not have any 'subsequent medical treatment'. If that is the case, the V.A. failed to take into consideration the treatment that I had three months after discharge where they put me in a full leg cast to correct my sublexing patella. Because there was an 'on-the-job' accident associated with this episode, I also lost my brand new job with Southern Pacific Railroad.

In 1980 I applied at the San Francisco VARO, my medical records were the Los Angeles V.A. I did find that the SF VARO did have a copy of my Vocational Rehab application, that I submitted after I had the cast removed in 1976. On that application it does list where my medical records were. However I made the mistake and I did not realize that there were actually two systems, the DoD and the V.A. I was rated 10% by the DoD and not rated by the V.A. and used that rating to apply. Of course I was turned down.

It was not till last year that I actually got these records that state that my disability was service aggravated and the rating.

Because the V.A. must assist the veteran in record gathering and failed to do so in 1980. As well as they are doing today, they have yet to come up with the records, does that make this a CUE?

[Berta]

You also should consider the regulations in 38 CFR 3.156. 

This is an example of how that can work to provide a good EED and much retro:

:

"ORDER An effective date of January 21, 1981 for the award of service connection for PTSD is granted."

This was a 2016 BVA decision.

https://www.va.gov/vetapp16/files5/1639575.txt

[WomanMarine]

37 minutes ago, Berta said:

You also should consider the regulations in 38 CFR 3.156. 

This is an example of how that can work to provide a good EED and much retro:

:

"ORDER An effective date of January 21, 1981 for the award of service connection for PTSD is granted."

This was a 2016 BVA decision.

https://www.va.gov/vetapp16/files5/1639575.txt

Thank you Berta, I will review.

However the reason I post this morning is because I checked eBenefits and now the decision is pending: 2/7 - 2/11.

I 'think' I can owe this earlier decision date to the fact that on my SOC that I submitted last week, I 'removed an old thorn in my side' and reported a MST incident that happened prior to my discharge. Whereas I witnessed an incident that involved my CO, who I reported this incident to her and she had me report it to a JAG officer.

I have worked all of my life by hiding this 'incident' in a bottle. However it was first reported on my C&P for my knee last year as the clinician reported that I suffered from MST. As well the VA had me speak, in a 'sneaky' way to the 'Suicide Prevention line' ... when I had no intention of suicide, as it is against God; no matter the trauma. According to the 'suicide prevention' counselor, in a statement I discovered in my 'Encounters' she stated that I suffered from PTSD, but got some of the 'facts' incorrect. I felt I must 'finally' get the record straight, so I reported it on my SOC.

As well I did some 'research' and found out my CO went on to become the Commander of the WM Battalion of MCRDSD.

Funny how life works out. But glad that 'secret' is out of the bottle, as am I!

Praise the Lord! 

Edited February 5, 2018 by WomanMarine
clairity

[WomanMarine]

I just printed out my VA letter of compensation and I am listed as having Unemployability AND as P&T but only rated, so far, @ 80% ... I don't get it ... AGAIN VA logic eludes me ... 

[Vync]

On 2/5/2018 at 3:49 PM, WomanMarine said:

I just printed out my VA letter of compensation and I am listed as having Unemployability AND as P&T but only rated, so far, @ 80% ... I don't get it ... AGAIN VA logic eludes me ... 

It sounds like they granted you TDIU. For unemployability, they bump you up to 100%, even though your combined schedular rating is less. P&T constitutes the TD part of TDIU. Getting the P&T or TD part is usually tougher, but if your disability picture has become static for a while, they can go ahead and do it. It's good that they went ahead and did it.

Did you receive the envelope in the mail yet?

[WomanMarine]

43 minutes ago, Vync said:

It sounds like they granted you TDIU. For unemployability, they bump you up to 100%, even though your combined schedular rating is less. P&T constitutes the TD part of TDIU. Getting the P&T or TD part is usually tougher, but if your disability picture has become static for a while, they can go ahead and do it. It's good that they went ahead and did it.

Did you receive the envelope in the mail yet?

No envelope yet. I just gathered the information from my VSO and UnderSecy. 

They STILL did not rate my knee, even though they have stated that it is 30% when I went in.  I PROVED the error on the part of the VA. I asked for an EED for 30% of 1980, as well as a change in the DEA so my 26 yo daughter can go to school. 

 

[WomanMarine]

And doesn't it figure that the day they rate me, my back goes out and I become 'disabled' from my sc ...  Over a week hospital stay. My left leg has lost sensation, they are saying neurological ... But private hospital is now saying it is thoracic part of my spine, not lumbar and wants me to wear collar.

They sent me home because I could walk 300' with walker. My home is far from handicap accessible. I am going to try to get a GI Bill loan to make handicap improvements, now that I have an income. 

Unbelievable ... OH, and it IS A CUE ... they removed my disability in 1980 rather than increasing it. I guess it is time for the attorney ...

Edited March 5, 2018 by WomanMarine
typo