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I wanted to post this draft CUE motion here to get your opinions on strength of case, format and any other comments. It has been redacted to remove my social.
I am service connected since March 2019 for neck, bilateral knees and ankles among other things. The knees are the condition I am primarily focusing on at this time.
I had 3 full physical medical exams with no pre-existing conditions noted. The first exam was when I joined the Florida Army National Guard September 16, 1985. The second exam was when I transitioned to the regular Army on April 29, 1987 and the third exam was when I went to Airborne physical on March 13, 1989. I injured my both knees during Airborne training, especially my left knee when I landed wrong on a jump due to wind. I did NOT go to sick call or report it because there was no way I wanted to be recycled or told I couldn’t come back … which is a common theme with these types of training programs. I also had an injury documented in STR for right knee MCL strain a few months before I got out. I left the service because a few months after injuring my knee, I blew my back up and had a slipped disc and was discharged on July 3, 1991.
Not knowing anything about the VA, the DAV rep I had said file for your back so I did and was granted 20% for Low back syndrome as soon as I got out. In 1999, I filed a claim for increase in low back syndrome as well as bilateral knee condition. I had arthroscopic surgery on both knees and multiple instances of reports from doctors referring to the injury as service connected. I was denied service connection for both knees as pre-existing condition on left knee and no chronicity on right knee. I believe the rater completely ignored 38 U.S.C. 1111 as well as 38 CFR 4.6 in ignoring a preponderance of evidence supporting my claim. I believe had the rater applied the laws correctly as well as reviewed the evidence available to him at the time, it would have manifestly changed the decision.
I’m attaching my information in pdf format to make it easier to read. Than you all in advance for taking the time to look it over.
Cue Motion DRAFT Aug 29 2019_RedactedSmall.pdf
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Hello Everyone, I wanted to post this draft CUE motion here to get your opinions on strength of case, format and any other comments. It has been redacted to remove my social. General Overview: I am service connected since March 2019 for neck, bilateral knees and ankles among other things.