The VA denied my claim as not service connected. But I was first diagnosed in service with ridulophathy and it is in my medical record. Looks like they missed it? A rep at the VA said I may have a CUE. This was years ago. What doyou think? Thanks for the informative video.
In 2003 I was denied chronic bronchitis and sinusitis. 2024 was granted it. The only change was the PACT Act making it presumptive. I still struggled and couldn't do the blowing in the tube test for bronchitis that I couldn't do back in 2003. She said it should still register and the result came back positive for bronchitis. I'm waiting on my C-file from the original, but I didn’t see a difference in Federal regulations from 2003 to now for both bronchitis and sinusitis. The only change is that there both now considered presumptive. Would this be a possible CUE?
So if the VA never requests your military medical records but makes a decision to deny service connection based on a 2 minute exam, there's nothing you can do about backpay?
My military records were lost. They were found in 2018. I was given 10% . The VSO made so many mistakes I had to explain to the VBA judge that I had no idea what she was talking about. The VA knew that I was being tx for. I gave them the Nexus letter from my PC doctor x2 both said it was service connected. Now they say it's in a Error status? 😢
The only non service connected item is my knees. In 1990, the person who decided this said there was no evidence of left knee pain. Now that i have my complete records, it is very clear that there was evidence of both left and right knee pain, with shin splints and tibia pain/strain. The original claim was within the one year of separation.
Possible. This is a case I'd review in detail, because it depends on how much evidence was in your medical records, did they do a C&P exam. Did they even have your records at the time of the decision?
need help to see if i have cue, 2010 denied for plantar and 2010 denied for gout, both recently approved for 10% with the same document presented during the initial claims.
There is no specific form for CUE. I usually submit them on 21-0995 and attach the legal arguments to the form. You want to make sure you have a very very clear idea what the mistakes were that VA made before filing this.
If you've every filed a VA disability claim, VA will have them. You can file a FOIA / Privacy act request with VA to request your c-file. If you ever had an inpatient hospitalization while in service, it's possible the installation where you had the hospitalization will have additional records. You would have to file a records request with them directly.
All claims submitted at same time though effective dates are different and they were submitted within time of intent… why? I do feel like this could be a mistake
This is a older video but maybe you will see this question. So recently got my medical file and it contains a diagnoses on active duty for Allergic Rhinitis, multiple visits for sprained ankles on both sides on active duty, knee sprain on active duty, and on exit Redeployment exams claims on noise exposure and fear of hearing loss. Yet i was denied for Allergic rhinitis, ankles, knee, and tinnitus. Is this a CUE?
Not enough information to answer your question. If the C&P examiner gave a medical opinion saying it's less likely than not connected to service, then it is definitely not a CUE. You need to look at -why- it was denied, and -what information- was available to VA at the time they rated the condition.
Soo I figured two things out. 1. They had My dates of service wrong by years ssd. They had 2003 to 2011. It's really 1996 - 2015. 2. They didn't review nor request my active duty medical records. And didn't review my VA FILEs. The VA has my service dates 100% correct on file and in the app tho.
There's not enough information here to answer your question, but generally, if the *c&p examiner* made a mistake, it's typically not a CUE, because VA raters have to rely on the C&P examiner. This would all depend on what the rater had on their desk at the time they made the decision
The VA denied my claim as not service connected. But I was first diagnosed in service with ridulophathy and it is in my medical record. Looks like they missed it? A rep at the VA said I may have a CUE. This was years ago. What doyou think? Thanks for the informative video.
In 2003 I was denied chronic bronchitis and sinusitis. 2024 was granted it. The only change was the PACT Act making it presumptive. I still struggled and couldn't do the blowing in the tube test for bronchitis that I couldn't do back in 2003. She said it should still register and the result came back positive for bronchitis. I'm waiting on my C-file from the original, but I didn’t see a difference in Federal regulations from 2003 to now for both bronchitis and sinusitis. The only change is that there both now considered presumptive. Would this be a possible CUE?
So if the VA never requests your military medical records but makes a decision to deny service connection based on a 2 minute exam, there's nothing you can do about backpay?
Not enough information to answer
My military records were lost. They were found in 2018. I was given 10% . The VSO made so many mistakes I had to explain to the VBA judge that I had no idea what she was talking about. The VA knew that I was being tx for. I gave them the Nexus letter from my PC doctor x2 both said it was service connected. Now they say it's in a Error status? 😢
The only non service connected item is my knees. In 1990, the person who decided this said there was no evidence of left knee pain. Now that i have my complete records, it is very clear that there was evidence of both left and right knee pain, with shin splints and tibia pain/strain. The original claim was within the one year of separation.
Possible. This is a case I'd review in detail, because it depends on how much evidence was in your medical records, did they do a C&P exam. Did they even have your records at the time of the decision?
need help to see if i have cue, 2010 denied for plantar and 2010 denied for gout, both recently approved for 10% with the same document presented during the initial claims.
what for do i need to fill out for a CUE
There is no specific form for CUE. I usually submit them on 21-0995 and attach the legal arguments to the form. You want to make sure you have a very very clear idea what the mistakes were that VA made before filing this.
Where does one find historical versions of the m21-1 manual?
Just type in the year
I have been try to get All My Medical Records since 1997 but only got Partial Medical Records. What else can I do? Thanks
If you've every filed a VA disability claim, VA will have them. You can file a FOIA / Privacy act request with VA to request your c-file. If you ever had an inpatient hospitalization while in service, it's possible the installation where you had the hospitalization will have additional records. You would have to file a records request with them directly.
All claims submitted at same time though effective dates are different and they were submitted within time of intent… why? I do feel like this could be a mistake
This is a older video but maybe you will see this question.
So recently got my medical file and it contains a diagnoses on active duty for Allergic Rhinitis, multiple visits for sprained ankles on both sides on active duty, knee sprain on active duty, and on exit Redeployment exams claims on noise exposure and fear of hearing loss.
Yet i was denied for Allergic rhinitis, ankles, knee, and tinnitus.
Is this a CUE?
Not enough information to answer your question. If the C&P examiner gave a medical opinion saying it's less likely than not connected to service, then it is definitely not a CUE. You need to look at -why- it was denied, and -what information- was available to VA at the time they rated the condition.
Soo I figured two things out. 1. They had My dates of service wrong by years ssd. They had 2003 to 2011. It's really 1996 - 2015. 2. They didn't review nor request my active duty medical records. And didn't review my VA FILEs.
The VA has my service dates 100% correct on file and in the app tho.
what form?
There isn't a specific form for CUE. I usually submit them with a 21-0995, but the legal argument I write up as an attachment
I need a representative for my VA CUE claim. Can you help me?
You can fill out my intake form here: veteransclaimsagent.com/intake-form/
If c n p examiner said symptoms started as a teenager. And you joined as a teenager 18 eightteen...is that a cue
There's not enough information here to answer your question, but generally, if the *c&p examiner* made a mistake, it's typically not a CUE, because VA raters have to rely on the C&P examiner. This would all depend on what the rater had on their desk at the time they made the decision
Can't hear you