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ETS in 1985, military exam but no VA C&P

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kanewnut

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kanewnut Proficient

kanewnut

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I applied for disability and was examined before leaving the military. The VA never scheduled me for a C&P. Is this considered a CUE? I am guessing that C&P's have always been required, but under what circumstances? Was my exam by the military before ETSing the same as a C&P? I have searched but can't find the answer.

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paulstrgn
paulstrgn

I agree with bronco, if the military failed to give you an exit exam it's too late to worry about it. I can't remember if  had one as well. To do things over I would make sure I kept better records wi

vetquest
vetquest

Filing a claim as ETS'ing is something new to me, it did not used to be that way.  They do not give you a C&P sometimes when you have a claim with the information needed to give a rating.  If they

GBArmy
GBArmy

What is the time frame; when did you get the exam and discharge? The VA doesn't always have a C&P to disposition a claim, and no, it isn't a CUE. You don't know where you are in this. I would star

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FormerMember

FormerMember

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Geekysquid

You present a chronological exhibit with a tool we call a Chrono. See attached.  It's tied to a specific claims file VA sends you. Each document is assigned a place on the chrono by date- i.e. 1/30/1968 --- hit by mortar blast in Hue. Purple Heart Awarded (RBA [Record Before the Agency] @ pg 2345. VA likes to salt in 1969 STRs right next to your request for GI benefits in 80 which are then followed by your 11/2018 NOD etc. I submit these to the VLJ to support my timeline of events. Once records- any records-have been associated with the claims file, they are constructively in the VA's possession. Bell v. Derwinski  1992-even if VA doesn't realize they have them. Bell is on point in CUE if the decision postdates the Bell 10/31/1992 decision date. 

I had a Marine LRRP with a 3800 + claims file with nothing in order. I'm presenting it to the Judge to help him follow the remand trail from the BVA back to the Seattle Puzzle Palace where they ( the Seattle DRO in 1992) demanded a new VA 9.  Turns out the BVA Judge screwed up and wrote it as 'referred' even though he had accepted testimony on it at a Travel Board Hearing. Once that was permitted, the judge owned it and the VARO had to "fix it" so the  Judge could re-decide.  This one''s for SMC S from 1989 to 2012 when he finally prevailed. We contend it isn't CUE but just a pending appeal awaiting a SOC or SSOC since 7/1992. 

Everyone loves a road map in VA adjudication. When you do this, it makes it far easier on the Judge's staff attorneys to follow. If they are happy campers, it helps up your win probability. 

 

chrono example.pdf

 

 

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GeekySquid Mentor

GeekySquid

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42 minutes ago, asknod said:

You present a chronological exhibit with a tool we call a Chrono. See attached. 

COOL. Thank you for the answer and the tool

It is a convoluted situation and I am set, now, on filing CUE on the original error to get my EED.

It seems the like shortest path to the resolution. The records are clear and unmistakable on the error and the VA itself seems to have cue'd themselves in 2018 but gave me the wrong ED.

The Seattle RO has been giving me grief on getting my DBQ's and the claim packets involved, but now I am out of my wheelchair I can go down and tap dance on a few desks.

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kanewnut Proficient

kanewnut

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2 hours ago, asknod said:

then anything Kanewnut sends in are, ipso facto,  §3.156(c) records. 

The only thing I have that wasn't already in my C-file is some records of where I went to my home town doctor while on terminal leave. I worked one day in tobacco and it really killed my back. My local doctor sent me to a local orthopedic doctor. They didn't find anything. Can these records be considered STRs?

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GeekySquid Mentor

GeekySquid

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2 minutes ago, kanewnut said:

Can these records be considered STRs?

STR stands for Service Treatment Record.

so no, a private doctor when you are on terminal leave is not, generally, an STR by name. Now if you went back to the Base with that record and sought treatment of any kind, it would document the problem but I don't see the VA knowing that sequence (as stated) as making it SC.

did you have back problems in service ? did you get treated in service? if you did these things in-service then the records from the civilian doctor would be relevant and helpful as aggravating an in-service injury.

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kanewnut Proficient

kanewnut

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3 minutes ago, GeekySquid said:

did you have back problems in service ?

Did I ever!

 

3 minutes ago, GeekySquid said:

did you get treated in service?

Quite often. I went often, sometimes monthly, sometimes weekly to the local clinic. I have quite a few pages of SMRs. Chronic is mentioned with the back 40 times and 6 times with the neck. I was on profile for the last 10 months of service.

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GeekySquid Mentor

GeekySquid

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Posted (edited)
2 minutes ago, kanewnut said:

Quite often

great. then that attempt to pick tobacco, while insanely stupid for someone with back problems, is helpful to your claim.

it demonstrates limits on labor

Edited by GeekySquid
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