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CUE Earlier Effective Date

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DustyAO105

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DustyAO105 Contributor

DustyAO105

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in 2001 the RO in New Orleans requested  PTSD , furnish pages from the personnel file showing units of assignment, dates of assignment, participation in combat operations ,wounds in action awards , decorations,medals, travel outside the U.S. . The agency in response mailed the information on 12/01 even though the information was mailed my awards medals certificates were not added to my claim file and none was on my DD214 . Years later I contact Naval Personnel about medals I knew I had the I was mail a DD215 which is a Correction to the DD214 with some of the medals and awards added. That being said there were 2 errors the Navy didn't on my DD214  and when the RO received the information the awards and  and medals were not added to my claim file . If the RO would have entered that information in my claim file the scale would tipped in my favor .I filed an appeal for a Earlier Effective Date to to CUE and it will be going to a judge . Any thoughts would be plenty help thx.

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GeekySquid Mentor

GeekySquid

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2 hours ago, DustyAO105 said:

the RO in New Orleans

From personal experience the VARO New Orleans can suck when it comes to "losing" things and not putting stuff in your file. I am in a similar fight over medical records they ordered for claims they processed.

2 hours ago, DustyAO105 said:

hat being said there were 2 errors the Navy didn't on my DD214  and when the RO received the information the awards and  and medals were not added to my claim file .

so the Navy did not correct two items? were they dates/units/locations?

As for the RO are you saying they added NONE of your medals and awards?

2 hours ago, DustyAO105 said:

If the RO would have entered that information in my claim file the scale would tipped in my favor

I am not doubting you, my question relates to what you mean "tipped"? are these awards and medals what you need to SC your conditions?

2 hours ago, DustyAO105 said:

I filed an appeal for a Earlier Effective Date to to CUE and it will be going to a judge

 A little clarity here. did you mean to type "...a Earlier Effective Date DUE to Cue..."?

and when you say "going to a judge" do you mean you filed a NOD and put it into the lane to go directly to the BVA... or do you mean something else?

The way your post is structured it seems your claim may already be at the BVA and you are trying to call CUE on their decision... I am just asking to clarify the situation so we can make the right suggestions.

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jbasser Grand Master

jbasser

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You may want to use 3.156c because those records were not available when the VA first decided your claim. 

Missing service department records. 

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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DustyAO105 Contributor

DustyAO105

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I meant tipped as in the scale of balancing  the information in my favor for PTSD Dx in 2001. I understand the medals and awards not being on my DD214 back in 1975 .but in 2001 the RO requested the the information and the Naval Personnel time stamped and mailed back the information that the RO requested in Oct 2001 Dec.2001 every thing was entered in my file except my awards medals ribbons . My claim is for an EED due to a CUE and a VBA judge will be deciding . All in the information the new Orleans RO used to deny my claim all those years I got a DD215 (correction to the DD214) from the navy with medals added the Texas Waco RO office and was awared 100% PTSD .

 

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