Legal Question in Veterans Law in Florida

i was discharged from military in 1990 with a medical for my back from mva. i applied for compensation for the back neck and shoulder. i injured my shoulder while in military and diag w bursits in 85 and looked at c file and see that i had complained of it until my discharge , in my records it is qouated as chronic and a dislocation during that time. after the c&p in 1990 there were no exrays done on my shoulder just notes from examiner as saying did indicate there was no evidence of tenderness of back and had normal range of motion of all extremities. i left it alone until 2009 with new evidence and was awarded 20 per. could i have a case of a cue based on the fact that there were no type of xrays, just by a exam saying all extre were normal of rom. but my military records clearly shows treatments and diag bursitis and being said chronic which is the same today

Asked on 12/05/10, 8:58 am

1 Answer from Attorneys

Jill Mitchell-Thein Heard & Smith, LLP

From what you have told me, I don't see any clear and unmistakable error as the law defines it. If you got a denial back in 1990, you should have appealed it and argued about the bad exam then. CUE is a very specific kind of error, and it can't be based on how they weighed the evidence (or lack thereof). Having said that, it still depends on what the basis for the original decision was. It wouldn't hurt to have an attorney look at the original decision just to make sure there's no chance of an earlier effective date.

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Answered on 12/10/10, 11:25 am

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