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1975 CUE?

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WomanMarine

Question

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?

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