Original Claim Listed Sc Issues,does That Matter To Sc Issues Now?

[cowgirl]

A true story, A long time ago, I submitted my disability concerns, however did not properly describe or develop them. During outprocessing the presenter said "list" all major problems that occured during service. Well, I did that and now wonder about a CUE. Maybe I am way off track, I did request compensation for orignal SC issues, got some approved and some not. VSO was ancient, nice guy but merely presented me the forms for Disability Compensation. One of my current claimed issues was listed on the original. Ideas? thanks. cg

[Ricky]

cg - CUE is a very hard thing to prove since the threshold of such an action has been set high by both the veteran's kangroo court and the Fed Court system. A little more information would be needed in order to provide any opinion on your question. Keep in mind that CUE is a legal error and not simply a misunderstanding. In order to prevail on such an issue one must prove that the VA failed to follow a law or improperly implemented a regulation and if they had not done so the outcome of the claim would have been different. Now that is kind of broad in that just because I rated you claim and failed to follow 38 CFR does not mean that a CUE exist. The second part of the test must also exist for a CUE to be found (if not for the CUE the outcome would have been different). So if the medical evidence was not there or there was a difference of opinion on the evidence then no CUE.

Not that you can not do it. It is just hard. Wait on the experts - Berta, Six, Vike (if he comes back) Pete etc....... they can better assist you but they will need a little more specific information.

[carlie]

cg,

What disability issues were listed on your 21-526, that you are now questioning if there may be a CUE involved ?

Were the issues addressed at all in the original decision ?

Were the issues denied ?

carlie

[cowgirl]

What disability issues were listed on your 21-526, that you are now questioning if there may be a CUE involved ? (some chronic conditions listed were lumbar, tinnitus, orthotic, leg circulation/swelling, neck injury, and depression)

Were the issues addressed at all in the original decision ? Odd, some were not addressed, just grouped together with a response of "sick call list"

Were the issues denied ? Yes, most were denied at that time, some have been approved by appeal now, but remain chronic and problematic.

carlie