Cue Claim Template?

[Daniel F]

First I will respond to the question, I took a copy of my in-service 1961 hearing exam and showed it to the rating exams doctor and in my first enlistment my advanced Basic training was at the Ft. Knox armored training center and then I was stationed at Ft. Polk Louisiana in the First Amour  division, before I was transferred to Hawaii as a Military Police unit. The VA doctor wrote that in his report and stated tinnitus started then. He also stated some hearing loss was picked up on active duty as I show him the results of the hearing test. Acoustical trauma cause by exposure to 90 mm cannon fire hearing loss is a paired-disability to tinnitus. I would go to a hearing specialist with my test and time in the service when you were exposure to acoustically trauma noise exposure and hopefully he will write an opinion that tinnitus "more likely then not " started at the time of exposure!

 

Now a question for Berta. I received an Undesirable Discharge UP of AR 635-208. No charges were pending against me, when my CO recommended me for Psychiatric evaluation, The Certificate of Psychiatric evaluation diagnosed Antisocial personality, that was not amendable to treatment of any kind, and Recommended I be discharged UP of AR 635-208 for unfitness! Plain and Simple. In an administrative decision in 1996 the AOJ found that I was issued an OTHD for willful and Persistent misconduct. The AOJ altered the records received from the service Department by adding two serious incidents of Misconduct in the finding of facts, I am filing a CUE's mainly on. " Service Department findings (i.e. The Army, Navy and Air Force) are binding and conclusive upon VA purposes of establishing an individual's service. VA does not have the authority to alter the findings of the service department. 38 C.F.R. s 3.203 (a); Spencer v. West, 13 Vet. App. 376, 380 (2000)" The VA made a finding of Fact, on a ten word statement made in the Evaluation " In July 1961 he received on article 15 for misconduct" and also a Rehabilitative transfer with no evidence in the record at all, I need Statue or Regulations that defines a Finding of Fact and the Evidence required to attack the AOJ finding of Fact!

Dirty dan