CUE Potential

[RBrogen]

Hello Everyone,

I wanted to post this draft CUE motion here to get your opinions on strength of case, format and any other comments.  It has been redacted to remove my social.

General Overview:
I am service connected since March 2019 for neck, bilateral knees and ankles among other things.  The knees are the condition I am primarily focusing on at this time.

I had 3 full physical medical exams with no pre-existing conditions noted.  The first exam was when I joined the Florida Army National Guard September 16, 1985.  The second exam was when I transitioned to the regular Army on April 29, 1987  and the third exam was when I went to Airborne physical on March 13, 1989.  I injured my both knees during Airborne training, especially my left knee when I landed wrong on a jump due to wind.  I did NOT go to sick call or report it because there was no way I wanted to be recycled or told I couldn't come back ... which is a common theme with these types of training programs.  I also had an injury documented in STR for right knee MCL strain a few months before I got out.  I left the service because a few months after injuring my knee, I blew my back up and had a slipped disc and was discharged on July 3, 1991.

Not knowing anything about the VA, the DAV rep I had said file for your back so I did and was granted 20% for Low back syndrome as soon as I got out.  In 1999, I filed a claim for increase in low back syndrome as well as bilateral knee condition.  I had arthroscopic surgery on both knees and multiple instances of reports from doctors referring to the injury as service connected.  I was denied service connection for both knees as pre-existing condition on left knee and no chronicity on right knee.  I believe the rater completely ignored 38 U.S.C. 1111 as well as 38 CFR 4.6 in ignoring a preponderance of evidence supporting my claim.  I believe had the rater applied the laws correctly as well as reviewed the evidence available to him at the time, it would have manifestly changed the decision.

I'm attaching my information in pdf format to make it easier to read.  Than you all in advance for taking the time to look it over.

 

 

 

 

 

Cue Motion DRAFT Aug 29 2019_RedactedSmall.pdf

Edited September 4, 2019 by RBrogen

[Buck52]

RBrogen

Just be prepared on this   because they may not accept this?

and say something like this

Although we have taken all the medical facts into consideration this veteran has failed to produce medical records or medical reports of the event or injury while in the military. ect,,,ect,, this is just my opinion and from my experience...a lot of this depends on what type rater you get? is he a new rater? will he read all your evidence?, what is his mood today?  lot of factors to figure.

This is the way 20/22 years ago or longer,  maybe they are more favorable today?

Now days the Veteran has one year after discharge to report any disease that he think was caused or related to his military service  (not sure if this applies to an In service injury?) Injury we usually need medical reports as our evidence .

It helps to file a claim within one year after discharge   the benefit of doubt goes to the veteran.

''If your symptoms appear within one year after discharge—even if they weren’t there while you were serving—we’ll conclude that they’re related to your service.'' 

[RBrogen]

Thanks @Buck52.  I actually noted on the CP Exam dated June 5, 1992, less than 1 year of me getting out on July 3, 1991, that I couldn't do deep knee bends due to pain.  I am SC now for bilateral knees, and ankles.  This is more of an argument that they didn't follow the laws at the time and if they did they would have concluded that I indeed had SC knees.  I am looking for an EED of the Oct 1999 decision rather than March 2019.

[Buck52]

It sure looks like a very well prepared claim to me.

Just have wait and see whats in your BBE??

[RBrogen]

Just now, Buck52 said:

It sure looks like a very well prepared claim to me.

Just have wait and see whats in your BBE??

Thanks Buck ... I couldn't have prepared it without all of the great support here on Hadit!  I hope I can share what I have learned with others.

[paulstrgn]

2 minutes ago, RBrogen said:

June 5, 1992, less than 1 year of me getting out on July 3, 1991,

Perhaps my math is off, but did you not miss the one year mark by 2 days? If my math is right June 3, 1992 would be your one year mark Hopefully I am wrong.

[RBrogen]

Just now, paulstrgn said:

Perhaps my math is off, but did you not miss the one year mark by 2 days? If my math is right June 3, 1992 would be your one year mark Hopefully I am wrong.

Not sure on that ... I would have thought it would have been July 3rd 1992 but the process had already been established with an earlier date from when the claim that triggered the C&P occurred back in October 1991.  The C&P was a result of the claim filed.  This is also a smaller point to the overall claim I think.