Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Asking for an opinion on a CUE

Rate this question


Emmafrost1111

Question

Thank-you in advanced for reading and if anyone can provide opinion.

I filed a VA Claim in 1990 less then year post leaving Active Duty service w/honorable discharge.  I vaguely recall filing it because I was in a bad place.  I remember walking into the the DC VA Hospital in 1990 to seek medical care and asked for an appointment to see a VA Dr. for a continuity of symptoms/medical issues that began and worsened in service and continued. I had no idea that I had to be SC to receive VA care in 1990 less then year off active duty.  So that went down well as you can imagine especially since I was there to seek help for what I called unresolvable stress, TMJ pain/headaches and I was not sleeping.  In any event, I was handed stack of forms and told to fill them out and mail them in if I wanted to see a VA Dr.  It appears I filled out my 1st VA Disability Claim forms in 1990 by hand, listed my problems in layman’s terms since I hadn’t seen any Dr’s since my AD SEPS physical, and I mailed it in.  Apparently, I also had a C&P because I got a copy of my C-File and it’s in my file along with the denial I received and more then likely tossed because I was barely sleeping and in a constant state of anxiety & stress.  A female Veteran talked me into to going to the VA in 2010 for MH Counseling.  She also ended up encouraging me and ultimately assisted me with filing a VA Disability Claim later in 2012 that service connected me at 70% for PTSD & Depression due to MST.  The claim was processed pretty quick.  

Now I’m looking at the details of this 1990 Claim in my C-File.  It’s strange because it states in handwritten notes that my Discharge Documents ? are missing, maybe nothing.  My USMC SEPS physical/dental clearly notes I have TMJ.  It’s documented thoroughly in my STR both medical & dental as severe TMJ and bruxism due to stress.  I had zero issues regarding TMJ in my entrance physical or dental exams until about 2 yrs in.  I had 0 issues of any kind on both dental/medical entrance exams.  I was given Motrin to take everyday on AD and they even made me a dental mouth guard. I was sent for psych evaluation as well and sent to specialist for heart tests and EKGs because I was passing out (Military dx’d as Vasovagal syncope) so I guess it was considered stress/anxiety related (EKG in service:  normal sinus rhythm with sinus arrhythmia). Less then a year prior to discharge I was also seen in base medical after I was thrown head first into a cement wall and dx’d with blunt force head trauma to left occipital skull/head.  Dr. gave me more Motrin, bed rest and sent me home.  This was not the sexual assault incident in service, this was another incident after sexual assault.  It was a straight up violent physical assault where my STR notes I was attacked by multiple combatants, picked up and thrown into a wall head first.  The base Dr. actually drew a stick figure type picture in my STR showing angle of head impact to wall.  I only mention it because 1990 decision states in absence of trauma in service..I was basically born defective with TMJ which is a lie. My records are rife (IMO).  I will post 1990 claim+denial decision because I want to know if it was an error or CUE.  The VA can only go by what I wrote in layman’s terms on claim and then C&P, so it’s likely not, but not sure.  I still have TMJ, it’s worsened of course as has dental issues.  

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

Are you getting TDIU?    100% money gives you a nice place from which to fight your battles.  How much do you stand to win in retro if you prevail on the 1990 original claim.  Just to win based on principle is not worth much if you can get 100% pay by merely filing a couple of reports and forms.  If you think you can win significant retro then I advise getting a lawyer and get TDIU while you are at it if you don't have it.

Link to comment
Share on other sites

  • 0

It is just my opinion but I believe the VA has a hard time reading handwritten doctor notes. I have a similar situation where I was in between 1981 and 1985. I have a huge number of doctor notes about chronic back and neck pain, but the VA gave me 0% for back and NSC for neck. I think you may need to highlight the notes and type them up so they can read them. Don't give up, keep up the fight.

Link to comment
Share on other sites

  • 0

Looking at your records I would file for new and material evidence and add your service records which highlight your TMJ in service. 

They are cutting you off by claiming that it is a natural progression and therefore not service connected or aggravated.  (38 cfr 3.306 - service aggravation)  I would make note of  (38 CFR 3.304 - service connected, presumption of soundness) the fact that you did not have TMJ or stress before entering and that your problem clearly began in service.  If your stress is that bad can you pinpoint what is causing your mental stress, it might be possible to file for anxiety and the TMJ secondary to anxiety.  Were you ever seen by mental health?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use