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vetmovinon

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  1. Hello, I'm not familiar with blogs or forum mechanics - I'm new here, and thanks for having this service on the web. I am 60% SC since 1/2002. I had no idea of how VA compensation worked when I filed so I just claimed the essentials that I was dealing with at the time and was happy to see some cash resulting from it. I filed a CUE claim that's been waiting in the system for 2 years. In my original claim I listed L and R carpal tunnel syndrome and also separately claimed osteoarthritis in L and R wrists. I was granted SC for L carpal tunnel (CTS) at 30 and right CTS at 20. The VA examination reported there was no arthrtitis in either wrist shown on X-rays at the time of the VA exam. The VA examiner stated that I had full range of motion bilaterally, and that although I claimed there was pain, he didn't see evidence of it. In the exam report there was no diagnosis of a wrist disorder. The rating decision listed left carpal tunnel and right carpal tunnel as separate disorders and within the narrative of each, reported that I had claimed bilateral wrist arthritis. The wrist disorder itself was no further addressed in the rating decision. I did not know enough to formally disagree when I was notified of the award. I was happy to get what I got and move on. 2 years later while in a flare up of wrist pain, I read over the VA rating decision again and noticed it didn't address my wrist claim, other than a "claimed as" for carpal tunnel. I reviewed my service treatment records and found treatment for a broken right wrist in 1981 with X-rays of a fracture and calcification. The record showed later entries of treatment for left wrist osteoarthritis with an entry from a doctor stating an X-ray of the left wrist was reviewed. There was no actual X-ray report in the record. From this, I thought that a mistake had been made by the VA by: not making a decision specific to the claims of arthritis on each wrist; and, by not reporting the treatment history showing a fracture with calcification on X-ray of one, and a diagnosis of arthritis on the other with the doctors statement that he had reviewed the X-ray. I did not appeal the decision since the 1 year window had past. I reported the decision had a clear and unmistakable error in not making a decision on the two wrist joints that were claimed, since wrists are joints and not nerve disorders. I then brought up the error in not entering the evidence of treatment findings from the records documenting treatment of arthritis with X-ray evidence involved. I am apprehensive about the whole thing. The overall SC percentage would go up to 70 combined if I have one more 10 evaluation and that is a bunch of cash in back pay that the VA might try to defend against. I know a mistake was made but, to cover themselves, I just wonder if they might admit the mistake and grant one at zero for the X-ray evidence without a VA examiner's confirmation of painful and limited motion; Then deny the other as no having confirmation of X-ray evidence in the records, stating the doctor report was not specific enough, or something similar. If they decide the CUE that way I'd get nothing. If they don't want to accept my report of pain on VA examination, fine, but then grant both wrists at zero for arthritis so I can have 10 for multiple major joints rated 0 for arthritis. If they deny both, well that's just another mistake to elevate. Am I being clear on any of this? I think I may be using their language here and that's confusing in itself. Have you had experience with anthing similar to this??? Any pointers you can give me???? If I am mistaken in my interpretations or assumptions, please tell me straight up! Thanks
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