Legal Question in Veterans Law in South Carolina
unmistakable or administrative error
i was medically retired from the army. the front page of my discharge summary says rated as minor seziures (5 to 7) times weekly. rated at 40% the 3rd page of the summary says number of seziures 1 to 2 per day. several other documents in my va medical records refer to number of seziures as 1 to 2 per day. i think 1 to 2 per day amounts up to 14 per week. the rating schedule says 10 or more minor seziures per week the rating is 80%. what type error is this and which way should i pursue this error with the veterans administration?
2 Answers from Attorneys
Re: unmistakable or administrative error
You should file a claim immediately and if the law and the facts at the time you were rated make the case arguable that it was Clear Unmistakable Error, you should first argue for that to get the earliest effective date (date of the original decision). For example, if the rating schedule at the time was misapplied to your medical records at the time, you may have a shot at CUE. If you just file a new claim without arguing there was CUE, your effective date will be the date of your new claim. You can ask for everything at once, but file asap to get the ball rolling.
Good luck.
Re: unmistakable or administrative error
Based on the evidence you have submitted to the question, I believe what you have is "New and Material Evidence" to your claim. As such you should apply to the VA to reopen the claim. Contact the Disabled American Veterans or other service group to assist you with reopening your claim. You'll have to go through another C&P exam and evaluation. Good Luck!
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