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    • I always thought by law a FOIA request needed to be addressed within 30 days.  This is what I found on Ebenefits (keep in mind I originally submitted a FOIA for my C-File and any related rating documents 11/2014  but apparently they now have no record of the request.  I submitted the request again in May and didn't even receive acknowledgement until July. Status of Your Claim Gathering of Evidence Submitted: 05/27/2016 (Freedom of Information Act / Privacy Act Request) Estimated Completion: 01/31/2018 - 01/18/2019 Estimated Completion Info Tooltip with additional information
    • Sometimes the VA will call a CUE on themselves when they see that they are clearly wrong.  I claimed SMC  "S" based on Bradley VS Peake.  I did not know I was filing a CUE, but the VA said they had made a CUE.  I got this very quickly.  On the other hand,  I filed a CUE claim due to defective decision in my original claim.  I spent 8 years on that and lost.  When you file a CUE claim it is a claim like other claims except  you don't  have protections like "benefit of doubt".   The VA must make a decision on the CUE and you can appeal that decision.   Asknod says a CUE should be visible from the moon.  The error must be so clear and undebatable that it flashes like a neon sign.   I really found out the hard way.  Reason, logic , right or wrong have little to do with it.  When I got "S" I got a decision that stated the VA had declared a CUE and I got my SMC and 2 years retro.  There is no secret CUE.  It is a decision like any other except it has strong powers and many problems getting there.
    • don't post our decision for me or anyone else but until I can see this BS. I could be wrong just don't add up.
    • sounds good to make yourself look good I got to see it to believe it. Maybe the VA is changing but not that much If I win a cue claim in 3 months I would post decision but that's just me just make sure it has cue in decision lol.
    • I look all over the net and still cant find a CUE REVIEW WHAT THE HELL IS IT. Can  anybody explain this to us all?? The only cue review is from your post. when you get your decision post how VA says  it was a CUE or reconsideration. You just don't win a cue for an EED WITHOUT THE CLAIM being close and you won a cue in three months don't sound right .jmho  RU





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Dale Jr. 8

Service Connected Diagnosis's

13 posts in this topic

I have a service connection that is diagnosed as lower back pain ICD-9-CM 724.2. I recently had an MRI which shows 2 ruptured disks and 2 bulging disks pressing on the left side nerve roots. First question, will VA consider this part of the service connected LBP and second question if they do consider it part of the LBP do I stand a good chance of getting a secondary service connection for sciatica? It seems that VA uses some very general diagnosis codes. I will have my Primary care update the diagnosis codes tomorrow when I see him. Dale Jr 8

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Dale

You might go to a orthopedist and get him to review your service medical records and write an opinion to service connect the disc problems to the LB disorder. You want a board certified specialist to write this opinion. This is how you beat them. The VA will probably say your GP is not a specialist and may over rule his/opinion at a C&P exam. They have a harder time shooting down a board certified specialist.

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Dale,

I am going to take the long way to answer you question.

Initally I injured my lower back in a military vehicle accident 1971, the injury was rated as a back strain at 10%, when I was first rated none of the fancy test were done, and I was rated purley on the symptoms in my active duty medical records.

Later I kept reinjuring my back when in 1997, I fell of a ladder at my civil service job. I ended up having xrays, ct scams, mri and even a myleogram done. These test indicated that I had hernitated disc at the L3-L4, L4-L5, L5-S1 levels. I also was tripping on my left foot and had a pain down my left side. It turned out after I had a nerve conductive study done that I did in fact have siactiac nerve damage and drop foot.

When I was finally rated in 1999, my rating when from 10% to 60% and was changed from back strain to Degenerative disc disease. At that time the sicatic nerve damage was not rated seperately. I was also awarded a K award for the drop foot, and was given the vehicle adapted grant with adapted equipment.

Today they va rates these conditions seperately or as one problem which ever affords the veteran a higher rating.

Based on my own condition and my history I am sure the VA will in fact re-rate your condition as DDD.

I suggest that your request your doctor to give you some of the test I mentioned to further substaniate the fact that you have siatiac nerve damage , and DDD. THe VA accepted all of my test as being factual when I went for my C/P exam the only thing they did was another xray and asked me to bend.

I ended up with TDIU because civil service forced me into a medical retirement, as I could no longer climb ladders and such.

hope this helps to answer your question,

'

best of luck

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Thanks for the replies. I will have my primary care doc order the tests that you mentioned. It is hard to see an othopedist at the Va in Fayetteville N.C. I suspect that I have had DDD all along but that doesn't show up on xrays real well. Thanks again Dale Jr. 8

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Rick

Were you on OWCP for a while? Too bad you could not get OWCP and VA at the same time but since it is the same part of the body they would say that is duel compensation. You are better off on VA, and OPM rather than just OWCP. I was injured at the post office many times. People think the VA is bad. OWCP is like being consigned to hell and no P&T.

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Hohn,

No I just burned up my six leave, OWPC people were a real pain to work with... and even it they approved you for comp, theystill tried to find another reason to deny it. The union doesn't even seem to help in this area.I did ok, because I was retired and between FERS, and SSD I was taken care of well. Depending how you look at it, I was lucky the back injury was already service connected I just waited 6 months to get an increased rating and TDIU from the time I was forced to retire.

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