Need help deciphering this letter for Flat Feet Appeal?

[doc25]

This is the letter CCK sent for my appeal. Does it suffice to make a strong arguement for a CUE??

CUE.pdf

[GBArmy]

doc25 I am not a CUE expert by any means, but I think the CC&K submittal is very strong. Good luck.

[pacmanx1]

OK, it is early Monday morning and I have not had my drugs but why did CC&K file this claim as a CUE.  If your claim was rated and issued on or around April 23, 2019 and this letter was submitted on April1, 2020 why didn't they just submit a disagreement since it would be a lot easier to win than a CUE claim (within a year time frame of your last denial).  Don't get me wrong you can still win a CUE claim and they would result in the same benefits but a CUE claim has a higher threshold to meet than a simple disagreement.

Sometimes it is best to get service connected then fight for the effective date.

Edited August 11, 2020 by pacmanx1

[Berta]

The citations are very good .

I would have written this differently however.

It looks to me as if the VA did obtain your SMRs ( that would be listed in the decision's evidence list)

However they violated 38 CFR. 4.6 because it appears they did not even read them , even regarding the past denials.

And I would have filed CUE  in April 2019,  probably a day after I got the decision,.

Hopefully the HLR will do the right thing.

CCK had more info than we have here so , I do think it will help,but I will check the Citations, as soon as I get time.

38 CFR 4.6 covers a multitude of legal errors the VA can make . It is my Favorite regulation.

"§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

https://www.law.cornell.edu/cfr/text/38/4.6

Short and sweet.

 

 

[deedub75]

17 hours ago, doc25 said:

This is the letter CCK sent for my appeal. Does it suffice to make a strong arguement for a CUE??

CUE.pdf 210.74 kB · 16 downloads

Reading the evidence in your letter just shows how erroneous these VA examiners can be. What does it even matter whether or not you had a congenital foot issue when entering the military?  It seems clear based in the evidence that you developed bilateral foot issues while in service. 
 

I had flat feet noted on my entrance exam and had some issues while in active duty. It was noted on my exit exam that I had an abnormal gait.  Being ignorant about how VA disability worked,  I didn’t know I could file all of the issues I had when I was sent to the VA to file claims as part of my out processing. I only filed for an ankle and a varicocele that was aggravated during my service. These were also on my entrance exam. Even then the examiner just told me think of anything that bothered me on active duty. There were others like allergies and sinusitis that I had no idea VA would service connect. 

My initial flat foot claim was denied on an ACE exam because the examiner said I didn’t go to the doctor enough times for it while on active duty.  There is no such requirement on how many time you have to go get seen for an issue.  I asked for a DRO review and it was granted on appeal  

 

[doc25]

13 hours ago, pacmanx1 said:

OK, it is early Monday morning and I have not had my drugs but why did CC&K file this claim as a CUE.  If your claim was rated and issued on or around April 23, 2019 and this letter was submitted on April1, 2020 why didn't they just submit a disagreement since it would be a lot easier to win than a CUE claim (within a year time frame of your last denial).  Don't get me wrong you can still win a CUE claim and they would result in the same benefits but a CUE claim has a higher threshold to meat than a simple disagreement.

Sometimes it is best to get service connected then fight for the effective date.

1. The claim has been denied 3x already. Still Seeking service connection.

2. The VBA erred in denying my acquired flat feet claim in Oct 9,2007 and the last two attempts for SC. 

In my case, I believe I should've have been rated at least 10% for acquired bilateral flat feet and the effective date ought to have been 14JUL2007 (ETS)....but I'll take 01NOV2007 since the first denial is dated Oct 9,2007.

[doc25]

3 hours ago, deedub75 said:

Reading the evidence in your letter just shows how erroneous these VA examiners can be. What does it even matter whether or not you had a congenital foot issue when entering the military?  It seems clear based in the evidence that you developed bilateral foot issues while in service. 
 

I had flat feet noted on my entrance exam and had some issues while in active duty. It was noted on my exit exam that I had an abnormal gait.  Being ignorant about how VA disability worked,  I didn’t know I could file all of the issues I had when I was sent to the VA to file claims as part of my out processing. I only filed for an ankle and a varicocele that was aggravated during my service. These were also on my entrance exam. Even then the examiner just told me think of anything that bothered me on active duty. There were others like allergies and sinusitis that I had no idea VA would service connect. 

My initial flat foot claim was denied on an ACE exam because the examiner said I didn’t go to the doctor enough times for it while on active duty.  There is no such requirement on how many time you have to go get seen for an issue.  I asked for a DRO review and it was granted on appeal  

 

There was no evidence of congenital or pre-existing flat feet upon medical entrance exam.