Forthcoming C&p X Outcome Of Ankle&foot Claim

[tk3000]

Hello Folks,

Afater a long time span I finally received the outcome of my claim that was filed in February 2009 for the "left foot condition" and "left ankle condition", both secondary to my left leg condition. For my dismay the two separate conditions for what I had two separate C&P exams and two separate diagnoses/prognosis given by the C&P examiner wherein the C&P examiner clearly stated that "left ankle => strain and pain" and the "left foot => strain and pain" the VA simply decided on its "Reasoning for the Decision" to turn both conditions into a single condition and distort its own C&P examiner conclusion stating the following: "left ankle sprain with left too pain" and then given me a rating of 10% for both conditions rather than rating each one individually. It seems that clearly that the rater overlooked the evidence and the C&P examiner findings. I am planing to request a review (an appeal would take too long) on the grounds that there is a clear and unmistakable error. Does that sound a good approach to such issue? To make things worse that 10% did not change my general rating (still 40%) given the VA's formula to calc. it.

Thanks,

tk3000

[carlie]

I am planing to request a review (an appeal would take too long) on the grounds that there is a clear and unmistakable error. Does that sound a good approach to such issue? To make things worse that 10% did not change my general rating (still 40%) given the VA's formula to calc. it.

Thanks,

tk3000

tk,

Your claim is not yet at a stage for you to claim a C&UE.

C&UE is filed on a final - unappealed decision.

Berta would probably say you can ask the VA to C&UE itself,

maybe she will chime in.

jmho,

carlie

[Commander Bob]

Hello Folks,

Afater a long time span I finally received the outcome of my claim that was filed in February 2009 for the "left foot condition" and "left ankle condition", both secondary to my left leg condition. For my dismay the two separate conditions for what I had two separate C&P exams and two separate diagnoses/prognosis given by the C&P examiner wherein the C&P examiner clearly stated that "left ankle => strain and pain" and the "left foot => strain and pain" the VA simply decided on its "Reasoning for the Decision" to turn both conditions into a single condition and distort its own C&P examiner conclusion stating the following: "left ankle sprain with left too pain" and then given me a rating of 10% for both conditions rather than rating each one individually. It seems that clearly that the rater overlooked the evidence and the C&P examiner findings. I am planing to request a review (an appeal would take too long) on the grounds that there is a clear and unmistakable error. Does that sound a good approach to such issue? To make things worse that 10% did not change my general rating (still 40%) given the VA's formula to calc. it.

Thanks,

tk3000

Have you filed a "Notice of Disagreement" yet? As you may know, you have one year to file the NOD.

[sharon]

Send in medical evidence showing that they are two seperate conditions and ask for a reconsideration.

[tk3000]

tk,

Your claim is not yet at a stage for you to claim a C&UE.

C&UE is filed on a final - unappealed decision.

Berta would probably say you can ask the VA to C&UE itself,

maybe she will chime in.

jmho,

carlie

carlie,

Sorry about the delay in my response. But based on what I read, a CUE is a decision in what the rater was clearly wrong (not a judgmental error per si) in his/her assumptions on occasion of making the decision; such as in the case where the rater does not take into account the material evidence submitted (not the new evidence). That is a new claim, I filed it in Feb. of 2009, it was never appealed (I received the Decision via mail a few days ago) and the decision is even inconsistent with the findings of the C&P Examiner so it should be a clear error even from the VA point of view I would assume.

tk

[tk3000]

Have you filed a "Notice of Disagreement" yet? As you may know, you have one year to file the NOD.

I have two appeals pending as of now (one for my "Left Leg Condition" and one for "My Heartburn/Gerd Condition"), for both of them I filed a NOD and requested to have a so called "de novo review" (by Decision Review Officer) since I would imagine that taking such path (Review Officer) rather than going directly to the Board of Appeals would be faster; but it has been over 7 months since I filed the first NOD and I am still waiting...

The problem is that the appeal process, even when one request a "Decision Review Officer, takes a long time. If you consider that we have to wait on average 6 months simply to have just a claim processed and decided it would be reasonable to have such claim decide in a proper and adequate manner considering the material evidence pertaining, etc. Can Raters make such nonsense decisions and simply get along with it, jeopardizing other peoples life along the process? They should at least be held accountable such nonsense insane decisions that even contradict what the C&P Examiner has stated and diagnosed.

[tk3000]

Send in medical evidence showing that they are two seperate conditions and ask for a reconsideration.

Yeah, that's what I was considering... Should I send statements and documents attesting their error and request reconsideration based on such clear and unmistakable error?