Well, December 6, 2010 was my CUE hearing. Some bad news and some good news. The bad news is, the DRO claims there was no error. Having said that, WE (DRO, my SO, and myself), got to the root of the problem. It seems that when I originally filed my claim, the Doctor stated that my hips and knees were normal. What we learned during the hearing is that the radiology report, stapled to the Doctor's statement, confirms and verifies my injuries listed in my military records. No error??? Yeah, right . . . go figure! Anyway, my SO told the DRO that was fine, since he had already talked over my case with a VVA lawyer and that as soon as the Denial letter came, a case would be filed with the Veteran's Board of Appeal. When the DRO heard that, her comment was that I'd probably win my case at that time. (NOTE: 3 times the VA Rater has failed to recognize clearly documented aggravation of the "pre-existing condition. The VA system does not recognize this as an "error" and is able to slough it off. The scales are suppose to be tilted in the favor of the Vet . . . in truth, they are heavily weighted in the favor of the VA and the system.)
In the mean time, the DRO requested we reopen the original claim and we could add tinnitus, my shoulder (separated while on active duty), my kidneys and liver (damage from the drugs I've had to take over the years to keep mobile). The DRO conceded the tinnitus automatically because of my Mortars time, so that's "service related" rating and 10%, pending completion of the comp/pen medical. This is another good sign, as the VA wouldn't be having me go for a comp/pen medical if they didn't think I had a case. Still no promises or guarantee.
I should note that as of June 2, 2011, I have not received the letter of denial of the CUE claim from the DRO.
If this story makes you mad about the VA . . .
If this story makes you mad about the VA . . . contact your Representatives in Congress and the Senate, or the Veteran's Administration and let them know how you feel about the way the VA treats our vets. You can reference my blog or or the stories of many other vet's and their treatment by the VA available on the web.