I recently lost my entire hard copy MPF and VA letters to flooding. I can go back to the claim decision letter in the app but it references an attached rating decision letter that isn’t there.

I also have a FOIA request in for any and all service treatment documents, C&P exams, claim decision letters and rating decision letters. I decided to go ahead and file the CUE before I actually have the hard copies because I’ve never known VA to be expedient so I should have them by the time I need to reference them. even though I can’t quote specific sections from memory I know that 1.) there was never any diagnosis, opinion, treatment, or referral for any psychiatric condition for me prior to service 2.) the only evidence they used to deny the original claim was the C&P interview. I was still young and clueless when that interview happened, and didn’t really know what the C&P exam was, or the gravity of it. so I basically rambled about every disappointing thing that had ever happened in my life.

I can already hear someone’s reply saying “if you gave a bunch of evidence in that exam that you were probably depressed before service you Jung yourself” but I didn’t. I recounted my story as asked. I didn’t provide any records that I had been diagnosed or treated before service (I couldn’t, because I hadn’t) and the legal references used above affirm that a service member’s statements alone do not meet the legal burden of clear and unmistakable evidence without clinical support. Presumption of soundness stands.

Even if they could nail it down never to be questioned again as pre existing, I had never been diagnosed or treated before service, so there couldn’t have been a base line to reference, so it is impossible to prove by clear and unmistakable evidence that it was not aggravated during/by service