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?

[Carl the Engineer]

WomanMarine,

So you went from nothing to 80% payable at 100% via TDIU in less than a year.

I would say you did great.

Good job,

Hamslice

 

 

[Buck52]

Quote ''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?''

 

Remember

Failure in the duty to assist does not rise to the level of CUE. 

[Buck52]

If you get an Attorney  you might ask him if he is familiar with  ''Writ of Mandamus?

 Some members here at hadit as filed these,  One comes to mind , member broncovet...but remember each case is going to be different and I am not so sure you can file this at this time?  you would need to check with your Law Attorney & hope he has the experience.

Here is some insight about this Writ O.M. From a well known VA Attorney  'Chris Attig''

What is a Writ of Mandamus?

When the Executive Branch fails to take action it is required to do, most normal civilians or corporations can ask the Courts to Order the Executive Branch to take an action required by law.

They do this by filing what is called a Petition for a Writ of Mandamus.

The Writ is a relic of the legal process that existed when judges wore wigs and armies wore chain mail and rode horses. Orders of what were then known as a “court” were called “Writs”.

Writs had distinct names, often in Latin.

The word “Mandamus” comes from the Latin and has come to mean, “We Order”.

So, the Writ of Mandamus is an Order from a Court directing an Executive Branch Official to take a certain required action.

The Court of Appeals for Veterans Claims has the authority to issue a Writ of Mandamus pursuant to a statute called the All Writs Act.

To seek that relief, you have to file what is called the “Petition For a Writ of Mandamus”.

You can start your research on preparing a petition for a Writ of Mandamus in Rule #21 of the Local Rules of the Court of Appeals for Veterans Claims.

 

Source :  From Well know National  Veteran Attorney Chris Attig  VLB (Veterans Law Blog)

Edited March 6, 2018 by Buck52

[WomanMarine]

3 minutes ago, Buck52 said:

If you get an Attorney  you might ask him if he is familure with  

''Writ of Mandamus, some members here at hadit as filed these,  One comes to mind  member broncovet...but remember each case is going to be different and I am not so sure you can file this at this time?  you would need to check with your Law Attorney & hope he has the experience.

Here is some insight about this Writ O.M. From a well known VA Attorney  'Chris Attig''

What is a Writ of Mandamus?

When the Executive Branch fails to take action it is required to do, most normal civilians or corporations can ask the Courts to Order the Executive Branch to take an action required by law.

They do this by filing what is called a Petition for a Writ of Mandamus.

The Writ is a relic of the legal process that existed when judges wore wigs and armies wore chain mail and rode horses. Orders of what were then known as a “court” were called “Writs”.

Writs had distinct names, often in Latin.

The word “Mandamus” comes from the Latin and has come to mean, “We Order”.

So, the Writ of Mandamus is an Order from a Court directing an Executive Branch Official to take a certain required action.

The Court of Appeals for Veterans Claims has the authority to issue a Writ of Mandamus pursuant to a statute called the All Writs Act.

To seek that relief, you have to file what is called the “Petition For a Writ of Mandamus”.

You can start your research on preparing a petition for a Writ of Mandamus in Rule #21 of the Local Rules of the Court of Appeals for Veterans Claims.

 

Source :  From Well know National  Veteran Attorney Chris Attig  VLB (Veterans Law Blog)

I just spoke with my DAV VSO who suggests I file is a VA FORM 21-526EZ, since my VA FORM 21-2680 is already of record ... so it is similar to a request to re-review. My VA FORM 21-2680 was only submitted two days prior to them resolving my claim. They just rushed it through and did not want to take on 'effective date' ... 

[Buck52]

Yes your attorney is correct.

quote from ''ASKNOD''

''On March 25, 2015, the VA changed the rules on informal claims and began demanding you file a 21-526EZ to protect a true "informal claim". However, your filing for an informal claim prior to that date would predate that regulation. As long as you filed a 21-526EZ ''

Now if you filed the 21-2680  for housebound and A&A you migh ask your DAV/ VSO if you can get a EED on that the date you first filed it?

Filing  the 21 526 ez  Later? or  if it was before March 25th 2015? you could be ok, but if you filed it After the March change  that may give you some problems? 

Most claims now and submissions are only used with the 21-526ez because I'm thinking the VBMS Computer can not ''READ these older forms!

[WomanMarine]

Soon ...