Buck52

I had a veteran serve bout 2 months he got hurt bad in Basic training and was medically discharged. He was accepted in the VAMC As A VETERAN..IF you have A DD214 with a discharge other than dis honorable then you can receive VA Health Care. ........Buck

Yes you could reopen the claim but an NOD would be better imo to get a better EED. Reopenning the claim I believe they will just go back to your C&P Exam in 3 -15 if it was rated as mild to severe in 3 15 C&P Exam check your ROM it could be grater than 20% now it possible be 30% maybe 40% bringing your rating up to possible 70% or higher & the EED May go back to the original claim 11-98 You may think about getting a IME/IMO and Ask the Dr to use the VA guidelines pertaining to this particular disability or the causes from it. Remember in a cue claim you can't use new and material evidence, they use only the evidence back when the claim was first filed only. Although you probably would get a better EED. Asknod or Ms Berta broncovet or JBasser would be better to ask about this type claim they all know a hell of a lot more in this VA system than I do. they be would be the ones to ASK about filing a reopen claim or just File NOD and Disagree. Here is a link to EED's https://iris.custhelp.com/app/answers/detail/a_id/930/kw/(%26quot%3Bprotected%20disability%20rating%26quot%3B)/related/1/session/L2F2LzEvdGltZS8xNDMzODc2MTM0L3NpZC9VKkRHVHRvbQ%3D%3D Note I may not be understanding your question? ...............Buck

I would file NOD and disagree with their decision & attach your new and material evidence. I believe an increase is warranted for this disability....to %? look to see what you should be rated at. Also I've notice that my diagnostic code for this rating is not correct (state what form # its on) (give the code #) could you please correct this as I need the correct diagnosis code for my records. or if this diagnostic code has no Number and the rater added it to the next appropriate rating disability? either way you would like this to be corrected. I would not file a cue this is just my opinion....other elder members can help, but this is basic what I'd do. ....................Buck

I understand broncovet, I had my dates all mixed up...so I deleted my post. Thanks for the info. ...........Buck

I mean can a veteran file a cue...if he finds evidence in his award letter years later? like they paid this veteran from the time he filed for an increase &he was50% rated....he file for increase in 2001 and bases state the reason for the award medical evidence shown the disability has worsen....but it also stated although records show u stopped working in 1999 we grant your award from the date you files for increase....2001...filed increase from 50% in 2001 awarded claim in 2002 1 year rerto And the Veterans SSA employment records show he stopped working in 1996. would this be a cue on the va? So I'm thinking he is missing out on 5 years retro? .............Buck

If you had a DRO Hearing, and they expedited your claim and was awarded TDIU P&T. Filed increase 2002 awarded 2003. but the DRO who wrote in his report he mention that ''they paid you from when you first filed for an increase on your 50% disability in 2002 altho records show you stopped working in 1999...but SSA records show you stopped working in 1996. Is he referring to the SSA Records? They are the only Administration that keeps employment records correct? Maybe the statue of limitations preclude from reopening the claim ? if VA has such? .......Buck

I tell veterans to go and file for their disability's even if they already have a S.C.disability and getting compensation & no matter what % 10% up to 100 % if a veteran has more SC Disability's that arose later then File Claims for them if a veteran is deserving of the SMC's so be it...he/she is entitled. I believe a Veteran should get what he /she is entitled to. My opinion they need to increase the compensation rates to at least 50% ....................Buck

This information may or may not help but it may answer your question about filing CUE. §4.13 Effect of change of diagnosis. The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted. The relevant principle enunciated in §4.125, entitled “Diagnosis of mental disorders,” should have careful attention in this connection. When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in thoroughness of the examination or in use of descriptive terms. This will not, of course, preclude the correction of erroneous ratings, nor will it preclude assignment of a rating in conformity with §4.7. [29 FR 6718, May 22, 1964, as amended at 61 FR 52700, Oct. 8, 1996] §4.14 Avoidance of pyramiding. The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided. §4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule. ....................Buck

You can check the M-21 Provision of the code, each disability has a code = Diagnostic Code to rate the disability if there is no code for that particular disability they use the code closest or appropriate to the disability/condition will be added. you need to make sure you have the proper code assign to your disability/s. if you don't they can change it to the correct code. but this will not be consider as CUE. Do not get the ICD-9 code mixed up with the Diagnostic code, the ICD-9 code is used as in Billing ( mostly in the private sector) Your Award Letter should have the code Diagnostic code in it , see what code they used for your disability and check the code, if its the wrong code, you can have them to correct it. So a wrong diagnosis is not grounds to file a CUE. §4.27 Use of diagnostic code numbers. The diagnostic code numbers appearing opposite the listed ratable disabilities are arbitrary numbers for the purpose of showing the basis of the evaluation assigned and for statistical analysis in the Department of Veterans Affairs, and as will be observed, extend from 5000 to a possible 9999. Great care will be exercised in the selection of the applicable code number and in its citation on the rating sheet. No other numbers than these listed or hereafter furnished are to be employed for rating purposes, with an exception as described in this section, as to unlisted conditions. When an unlisted disease, injury, or residual condition is encountered, requiring rating by analogy, the diagnostic code number will be “built-up” as follows: The first 2 digits will be selected from that part of the schedule most closely identifying the part, or system, of the body involved; the last 2 digits will be “99” for all unlisted conditions. This procedure will facilitate a close check of new and unlisted conditions, rated by analogy. In the selection of code numbers, injuries will generally be represented by the number assigned to the residual condition on the basis of which the rating is determined. With diseases, preference is to be given to the number assigned to the disease itself; if the rating is determined on the basis of residual conditions, the number appropriate to the residual condition will be added, preceded by a hyphen. Thus, rheumatoid (atrophic) arthritis rated as ankylosis of the lumbar spine should be coded “5002-5240.” In this way, the exact source of each rating can be easily identified. In the citation of disabilities on rating sheets, the diagnostic terminology will be that of the medical examiner, with no attempt to translate the terms into schedule nomenclature. Residuals of diseases or therapeutic procedures will not be cited without reference to the basic disease. [41 FR 11293, Mar. 18, 1976, as amended at 70 FR 75399, Dec. 20, 2005] 4.7 Higher of two evaluations. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned .....................Buck

https://iris.custhelp.com/app/answers/detail/a_id/927/kw/(%26quot%3Bprotected%20disability%20rating%26quot%3B)/related/1/session/L2F2LzEvdGltZS8xNDMzODE0Mzg0L3NpZC9HNDV0NnFvbQ%3D%3D

Andyman With all the Regulations, there should be a way to straighten this WRONG DIAGNOSE out. you have the evidence that Dr wrote that should be good medical evidence coming from Dr you might ask for an increase but check the DC's (Diagnostic Codes) to which your disability's was coded, if you can find the correct code? then you may have a chance! But I think I remember reading that that still don't help with a cue? jmo ............Buck

its application for applying for health Benefits with the VA or update your information! You can call this number and they can go over it with you and then they will send it to you to sign and mail it back. 1-877-222-Vets (8387) .................Buck

I was thinking you could use the medical evidence you have for the cue..if you get DENIED , you can keep it in appeals or maybe it will stay at the BVA=CAVC At least you will have it filed. The basic change in format of the rating decision was changed in 2005 I Believe you should be able to prove your wrong Diagnosis & the codes they used to rate you beings that the 5295 was change after you was diagnosed.(dates will factor in) use the M21-MR pertaining to your change in Diagnose. http://www.google.co....94911696,d.cGU This medical can sure be hard to figure out at times. I wish you luck Andyman73 .........Buck

I would file a claim for them, I don't see how it would cause a reduction in your current 100%rating, did you have all these problems before your initial claim? if so they should have rated them also. And yes you can get SMC if they add up to 60% or dependents on the severity of the disability's...if nothing else you need to get them SC at least if there not/if you do Theresa better chance on getting a rating. I WOULD FILE FOR THEM IF I WAS YOU Some times veterans don't received good Advice from the vso's others may chime in! jmo ...............Buck

Its certainly a possibility Do you know how your C&P went? you should go to your VAMC and go to records dept and get a copy of your C&P And let us know what your Dr Mention. or how the exam went for ya. jmo .............Buck Do you still work?

bump

Oh No J, she is filling out these forms herself, just takes her a long time filling them out she can't sit over 15/20 minutes at a time some day's less than that, she has to go lay on a heating pad, she has spent 8 days on these already. I do help her with her read medical reports dates ect,,ect,, & she writes them down She just don't know how to answer some of the questions. I mean she can walk and sit but no longer than a certain time limit, she gets up in the mornings and goes out back yard and piddles with her plants but only is out there 15 minutes at a time and then she has to go lay down on the heating pad it may take her all day piddling with just one little plant. its just hard to explain that to SSD. When I mention above ''I help her all I can'' I meant I help her around the house...cleaning /cooking/laundry/make the Bed ect,,ect,, I wonder how a person could fill out theses forms that is unable to? Its all we can do to go to the SSA office here in Dallas its on one of the busiest highways here in Dallas ( 75 Central) Thanks J .............Buck

Man that was a fast claim...probably the fastest yet...congratulations to your B-L I think he will only get paid from the EED which is 6-1 2015 and he probably won't get that until 7-1 2015 should be a full month. they pay beginning the next month after the Award. I could be wrong he may can Appeal it back to the date he filed 5-11-2015 ..........Buck

Fat, I always thought they get it from your retro when you win? jmo ...........Buck

Thanks GP. I Understand Buddy. She has about 4 more days to mail it back to the SSA office. Just trying to get our ducks in a roll so to speak. She has to take Breaks when she cooks or does laundry or anything that requires standing /bending.....but she does it it takes 3 times as long as normal person but she does it with pain. I think she has mention this in her report I help all I can when she will let me.... kinda stubborn at times Oh well we will answer it the best we/she can. Thanks .............Buck

I don't see how this will pass, ?? write your congressman, I had believed for a long time when congress passes a DB disability benefit , the state lever can't mess with it? Maybe all the disable veterans from TN Protest! All us other 100% Veterans better hope this don't have the ''Domino'' Effect! jmo ......Buck

If I knew then what I know now ,when I had my C&P's I would have sure took a recording devise of some sort with me...that C&P Doc would have been fired. I think all veterans should take a recording devise in with them and record everything that is said. jmo ...........Buck

Anybody else?

Having 100% benefits this long,this is rare that you got called up for a C&P? if they reduce your rating they have to have an all out investigation of all your medical files , and usually they can't reduce on just one C& P they need two C&P to agree with each other , if the two C&P conflict with one another then they should drop the exams and keep your rating the same I wonder how they got information your disability has improved? or assumed it has improved! Usually the only way they ask for a new C&P is that some Improvement has shown in your current disability. Maybe they think if you can sit in a class room all day you can work? Some veteran can work and still be 100% if they don't make over so much $$ I think they can work and make up to 12,000 or less Its just hard to figure out why they want a veteran to go to a C&P after 10 years or more being disable. They could spend more time working on another veterans claim that needs help. I suggest to you go to your C&P and be honest during the exam and try not to let it get you down, just do the exam the best of your ability's and let it lay where it may...you could be surprised at the outcome and they find no improvement and this is closed. Remember they have to prove your disability has improved. jmo ....Buck

Thanks Pete53