BVA CUE ,38 CFR 3.156, Retro back to 1985

[Berta]

CUE =BVA - retro to 1985 for PTSD

 

There are over 2,000 CUE decisions at the BVA for 2020. Many of them were denied and those cases reveal why they were denied.

 

But persistence pays off:

 

This vet would not give up- the case shows the rigamorale he went through.

 

"ORDER The Veteran’s motion to revise the March 2007 rating decision that granted service connection for posttraumatic stress disorder (PTSD), effective October 7, 2005, on the grounds of clear and unmistakable error (CUE) is granted, and an effective date of April 9, 1985, but no earlier, for the award of service connection for PTSD, is assigned. "

https://www.va.gov/vetapp20/files10/20067868.txt

This case involved not only CUE but 38 CFR 3.156.

Also the veteran appealed to the Court ( CAVC twice and apparently had a lawyer at that point who successfully represented him at the BVA for the CUE.

The veteran at some point reopened his claim in 2005 and gained a 70% rating in 2007 (retro back to 2005)

The BVA stated:

"Here, there is no question that the award of service connection in 2007 was based, at least in part, on the confirmation of the Veteran’s stressors completed through CURR research. So, it is clear in this case that the effective date provisions of 3.156(c)(3) were applicable. "

This vet Also had problems getting his stressors verified- problems that probably came from the VA itself-that is why it pays to do all you can to get a stressor verified via JSRRC and/or buddy statements. VA will lie about contacting CURR, when sometimes they never do that.

It took 22 YEARS for that to occur in this veteran's case.

Still the veteran knew that was wrong- and he proved with his lawyer that hi original 1985 claim for "delayed stress" ( PTSD was still new then and many vets with a PTSD diagnosis I met when I worked at a Vet Center, didnt really know what PTSD was, but they all had been diagnosed with it -from the Vietnam War.)

My husband's 1983 award was for service connected "nervous condition"" subsequently changed to PTSD, when PTSD formally went into the regulations.

In this case the original claim for "delayed stress" was clearly an established fact that the veteran had PTSD fro the Vietnam War.

In many cases ( such as a recent CUE question here) a re opened claim can only generate a potential valid CUE on the original claim, only when there is no doubt that the original claimed disability was exactly the same as the re opened awarded disability.

The only good thing VA ever did for my husband was diagnose him with PTSD immediately when he tried to choke a loan officer at the VA.

The Director,a VA psychologist, as I mentioned before, gave him a buddy statement, because my husband revealed one stressor to him and the psychologist- was called to the same scene at the Perfume River, Vietnam to treat Marines who were obviously seriously affected by the "volunteer job" they had to do.It was horrible. He was awarded within a few months after that for SC PTSD. 30% SC.

Even with treatment for years for the PTSD here in NY, he was awarded 100% P & T posthumously for SC PTSD because PTSD can get worse over the years. Severe stressors never go away.

I hope this case above will help someone out there who thinks they have CUE and/or 3.156 potential.

Any vet rep or VSO who can read, would be able to understand what a valid CUE is by reading this case, and be able to determine if you should file or re open in that regard.

My last post on CUE here yesterday will also help any POA rep ,VSO , or claimant understand what a CUE is and how a re -open can gain a better EED, as explained in that post and in this very recent BVA award.

 

 

 

 

Edited February 6, 2021 by Berta

[Berta]

To add:

https://community.hadit.com/topic/83340-my-final-post-on-cue-claims/

All anyone needs to know on CUE.