on my on now,and i know my claim better than any one.

[mos1833]

i have been up and down through all the va courts, and i;ve had lawyers help me ,the va made so many mistakes that the lawyers easilly gets me a remand,which pays them but not me ?

i think i;am the only one on this forum thats still not sc.

i plan to go back to where it all begin my first denial , and cue that decision in 1985,they denied because the x-ray showed a defect , and not chronic condition in service.so now i am gona ask them to reconsider useing the correct law they should have used during the time from then to now. which would be 67-90  and 8290 pres.opinions, which are retroactive to that claim,              i dont think i need to get it re-opened . any thoughts on this please let me know , thanks

[Buck52]

And your not Service Connected?

How long has your claim been closed?  did you keep appeals going?

whatever it is they x-ray and it shows a defect? did that happen in the military? or were you born with the defect?  you need service connection before  you get a rating.  ....(you knew that right?)

Have you appealed the denial in 1985?  and is 67-90 your time in the military?

Did you leave the military on a medical discharge?

lots to prove here  but we need more information.

jmo

............Buck

[Gastone]

No SC = No Retro $$!

Your VA Appeals Lawyer got paid for Remands, by who? Please elaborate.

Semper Fi

[mos1833]

my claim is all messed up , i filed for a back condition in 1984,my smr's has proof that i injured it on more than two reports,no sepration exam. and no x-rays were ever taken.

i hurt my back many times after service , but didnt seek medical help til 1979 ,8 years after getting out, thats the reasons for not service connect, the other was my injurys in service were not chronic,even though my smr's show i had chronic pain ,

my first x-rays were in 1985. i have appealed each decision ,and had the claim re-opened many times.and remands from the board and both federal courts, my lawers got paid from my retro i guess,but they sure got paid ;oh 67-90 and 82-90 are prec,decisions that deal with how to decide if a condition is or not a defect, thanks      buck , gastone.

[mos1833]

analogous ratings.rtfanalogous ratings.rtfi think i was granted sc in 1985, even though they said it was denied, first they said it was a defect that not a disease that could be rated acording to the law at that time.

then in that same letter they gave me an dc diagnosis code no. which is only done if it can be connected ,they said because there was no number for my problem, so they used an analogous rating option . for unlisted conditions, 5299-and 5295 and even included a percentage,and on the same line it says NOS, i think i should have been connected,the was no nexus opinion given, even though they said it wasent needed back then,i'll try and post that rating if i can ,, thanks

Edited August 5, 2016 by mos1833

[mos1833]

could this be a c.u.e. and a fully developed , filed.???

[broncovet]

We dont have enough information to know if this is CUE or not.  If your doctor put in his report this was congenital, and the VA based their decision on what the doc says, that isnt CUE.  

To fix errors in your records, you use 3.179:

 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs recordpertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend therecord in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

If the VA selected the opinion of one doctor over another, they can do this, but must give a reasons and bases as to why one doctors opinion is more probative, such as he read your records and the other doctor did not so state.  

However, the VA is not permitted to substitute their own unsubstantiated opinion for that of a competent medical professional.  That is a Colvin Derwinski violation.  

If you have new evidence to submit supporting your position, you can file this under 3.156, and, if its still "in remand" your effective date will go back to the beginning of the appeal period.  

If the medical evidence is controversial, then the VA can deny, but they may have to say why it did not meet the equipose criteria.  

If you are represented by an attorney, you should ask him these questions, and, strongly consider taking his advice.  

Most of the time, persistence and evidence wins claims, while other stuff does not work as well.  Remember, your opinion is not important.  It is what the doc wrote in his report.