syne7

Just read your decisions. If you did not provide any new evidence of service connection on this claim, I would suggest you might have CUE for EED. Clearly a reasonable person disagreed with the previous decision. You can only CUE one time. This would like a CUE however, it might be iffy on what rating they would assign going back. This might be worth having a representative/lawyer who can help you.

You can file a CUE if you can identify the CUE. For example, if it states asthma in your records and they say there was no evidence of asthma, that is CUE. The CUE has to be more than, you disagree, it has to be a thing you can point to that everyone agrees is an error and it has to have changed the outcome. How do you NOD a 1984 decision? Was it an adjudicated claim that was opened and you lost and now you are filing a NOD?

I got an IMO from Dr. Anaise for Sleep Apnea secondary to Diabetes, Asthma, and pain syndrome from my left ankle. I am very happy with the IMO. I sent him my stuff and he wrote it up. He even cited and article that was specific research on veterans have sleep apnea secondary to my conditions. The proof will be in the pudding. I submitted my claim for some increases and Sleep Apnea on 5/5/2016. It looks like they have just authorized C&P exams. I will let you know how it goes.

Yes, if they notice the CUE they can adjust on their own. I just had the EED adjusted on my initial claims for asthma and left ankle, the rater looked at my entire record while processing my unadjudicated claim for diabetes. He immediately file a cue and adjusted the EED. I didn't have to do anything for the EED/CUE. However, my ED was actually a CU they started them in 98 vs. 97.

Perfect. That's exactly it. So SC is likely, but not necessarily more than 0%.

I was just told by someone in the VA office that, my claim from 1997 should get re-submitted. I was denied service connection for residuals of right broken toe and left foot stress fractures in 1998. However, they suggested that the rules changed and now broken bones warrant 10% that if I reopen the request they will likely service connect and rate at 10%. Is this true? Does anyone know of this broken bone change? If so what is it? Where can I find info on it and when did it take effect?

Berta & Pete, Thank. Pete, I agree, however, most attorney's don't seem interested unless you have 100% TDIU with large residuals, LOL. If anyone has a recommendation, please PM me or reply with a recommendation.

Hello, I separated from active duty on 5/10/1997. In my rating decision on 8/5/1998 the VARO/letter stated the following: 1. The claim for service connection was received on August 8, 1997; therefore, service connection is established effective the day following separation from active service. 2. Service connection for restrictive airway disease is granted with an evaluation of 10 percent effective May 11, 1998. 3. Service connection for chronic left ankle sprain is granted with an evaluation of 0 percent effective May 11, 1998. These dates should be May 11, 1997, not 1998. The VA did not start paying me until 11/5/1998 according to ebenefits. Should the effective dates be May 11, 1997? The day after I was discharged? As a CUE can I get these dates adjusted and back pay for the 10%? Later in my letter it says, "There was no evidence of limited range of motion in left ankle to warrant a compensable evaluation." However, in the medical records there were two instances that measured the dorsiflexion as less than normal. 1. SMR show an entry with 0 degrees of dorsiflexion and 35 degrees of plantarflexion. 2. The C&P Examiner found 10 degrees of dorsiflexion and then say "Normal range of motion." Normal range of motion is defined at 0 - 20 degrees by .” 38 C.F.R. § 4.71. My questions are: 1. Do I have a CUE for dates and can I get back paid to 5/11/97 vs. 5/11/98 or 11/5/98? 2. Since my entrance exam showed normal, is there CUE with an examiner measuring me at 50% range of motion, and then saying "Normal range of motion" with out a rationale? Also since the decision says there is no evidence of limited range of motion, and there are in the medical records. Or will this fall under the "how someone interprets a result" is not a CUE. My understanding is that with a "normal" entrance exam, my normal range of motion should be established at 0-20 degrees of dorsflexion. Someone measuring me at 50% and declaring that "normal range of motion" should be a clear and unmistakable error. As many decisions rate 10 degrees of dorsiflexion at 10% or 20%. This would certainly manifest a different outcome from "0". Am I smoking my own fumes, or is this argument likely to fly? Lastly, I could argue that my ankle should have been rated under Anklyses, which would be 30%. However, I suspect that might fail under "descretion.".

Here is my C&P Exam from 1998. Do you see a CUE? C&P Examination 1/20/98 PLACE MEDICAL OF EXAM: HISTORY: New Orleans V.A.M.C. The patient is a 27-year-old white male who was in the Army from 1990 to 1997. The patient had two problems while he served his time in the military. He had a stress fracture of the distal phalanx of the second and toe and he had a loose tendon of his left ankle. The patient states that his left toe does not give him and problems. The patient states basically his left ankle doesn’t give him any problems but he does have pain during physical activity. The patient states that since his injury to his ankle, he had about 20 or 30 ankle sprains and his last one was about seven months ago. The patient stated that has sustained these ankle injuries basically during physical activity. The patient states that otherwise during his daily, non-physical activities, the patient does not have any ankle problems. PHYSICAL EXAMINATION: Skin: No hypo or hyper-pigmentation noted. Vascular: No abnormal findings. Nuerological: Sensory and motor, no abnormal findings. Musculoskeletal: The second left toe the DIPJ full range of motion. Toe in rectus position. Ankle dorsiflexion 10 degrees. No intra-articular swelling. No ligamentous laxity noted. No peri-articular swelling of the ankle. No intr-articular swelling of the ankle. There is 45 degrees of ankle plantar flexion, 10 degrees of ankle dorsiflexion. The range of motion without any pain or crepitus. X-RAY: Refer to radiology report. IMPRESSION: 1. Status post stress fracture of second left toe without any problems. 2. Full range of motion of left ankle without any pain, swelling or functional loss. However, patient had a history of 20-30 ankle sprains during physical activity but not during non-physical activity. _____________________________________________________________________________________________________________________________________________________________ 1 I believe there was a clear and unmistakable error (CUE) on my rating decision of 8/05/1998 for the following claim: 1. 5271 Chronic Left Ankle Sprain (Claimed as loose tendons, left ankle) )% from 5/11/1998. The following are the CUEs that occurred during my left ankle evaluation 1. No DeLuca or Fatigability protocols were used during the C&P Exams. 2. The C&P Exam dated 1/17/1998 by Demarco stated ankle dorsiflexion at 10 degrees. Then follows up to say “full range of motion.” Normal range of motion dorsiflexion is 20 degrees of dorsiflexion per 38 C.F.R. § 4.71. Clearly 10 degrees is only 50% of 20 degrees. 3. The rating decision dated 8/5/1998 states, “There was no evidence of limited range of motion in the left ankle to warrant a compensable evaluation. However, there were multiple pieces of evidence demonstrating a limited range of motion: a. The C&P exam noted a 50% limitation of dorsiflexion (10 degrees versus 20 degrees). b. Service medical records dated 11/25/1992 show left dorsiflexion at 0 degrees and plantarflexion at 35 degrees (10 degrees below the 45 degree plantarflexion). Thoughts?

Hello, How would I find the diabetes rating criteria that were in effect in 2001? Is there an online source that I can lookup? Thanks,

Hello, If a Veteran has a found pending claim from an increase in 2000 for limitation of motion SC rated at 0% and now has opportunity to present information to close the claim (2016), how would it be handled? Specifically, if the current state of the disability with 30% Ankylosed at -5 degrees dorsiflexion, but there was limited medical records between 2000 and 2016, would the VA apply the 30% rating for all 16 years based on a current DBQ/C&P... or would seek to diminish the rating on the years in between?

Has anyone had luck establishing diabetes with metabolic syndrome? I found a blood test / exam in my SMR that had 4 of the 5 criteria for metabolic syndrome: Waist greater than 40" Low HDL High Triglycerides High BP Would that be a good wedge to service connect diabetes?

I agree. However, I don't have the medical records from that period and the VA did not collect them when I asked in 2001. No looking at it in 2016, is just a tough sell. Since they did not gather the medical records for the VCAA, will someone eventually weigh the lay evidence more heavily?

Berta, Is there any way we could communicate directly? I am in a pickle. The VA just discovered the claim was never adjudicated and called me today to say they opened a claim dated 4/15/2001. They said I have 30 days to provide evidence. I have an IMO pending, and some buddy letters. However, they said this is high priority since its open since 2001. I'd like some advice on how to make present the best items I can since they did not gather my med records in 2001 when I pointed them to my doctor and they are gone now as I didn't keep them and haven't use the doctors in 15 years. I'd be happy to send you my contact info. While this is a significant back claim. It's not enough money to warrant any real help from a lawyer. many don't want to talk to me since I am working and not 100%. Any help would be greatly appreciated.

No unfortunately, I was not aware I could use the VA for healthcare. I did not enter the VA healtcare system till 6 months ago.

No, Even though I gave the VA the information for my doctor in 2001. They never contacted him. I stopped using him in 2003. he has moved on and no one has his records. They are only recquired to keep them 5 years.

I have been looking. I moved from New Orleans in 2001. I did not enter the VA system for healthcare until 2015. I did not know I could get free healthcare thill then.

I was discharged on 5/11/1997. I was diagnosed on 3/18/1998. I believe he presmption period would apply and could also claim secondary to Asthma as a backup. However, I sent the letter in 2001 and go no response. I am now learning about how to do disability in 2016 :(. I have learned doctors don't keep records if you aren't a steady patient for more than 6 or 7 years depending on state. The VA never contacted my doctor at the time in 2001 and never replied to me. I do have sword statements from several buddies identify symptions (thirst and execesive urination), one statement from a co-worker who went with me to pick up a glucometer when I was diagnosed in 1998, a hand out the nurse gave me about diabetes, and a journal. Not sure if that will be enough, but won't hurt.

I am not seeked EED. The letter was never responded to. So the VA never made a decision or scheduled a C&P exam. They never contacted the doctor I gave them in the letter and he has moved on. My hope is the resolve this claim and have an effective date of 2001. I have no medical records from this period. However I do have some from 2005.

THe real problem is that doctors records are not kept for more than 5 -7 years. I have I only have records showing prescriptions for Metformin around 2005. Though some records show my diagnosis date at of 3/18/1998. I am going to try to make up the difference with buddy/relative statements. If they accept 3/18/1998 at the potential diagnosis date. I should win on presumption. This may be tough.

I was medically discharged from the army in 1997. I got SC 10% for Asthma & SC 0% for limitations of motion in left ankle. I never appealed or filed a NOD. In 1998 I was diagnosed with diabetes t2. A few years later friends mentioned I should go to the VA and see if my diabetes was service connected. I called the VA and they told me to send them a letter. I sent the following (which was part of my c-file in September). This is what I sent (Stamped received 5/7/01 in my file and they never replied to me: ((VA Waco Office Adress)) Hello, I would like to ask that my claim for service connected disability be re-opened. I have recently been diagnosed with diabetes. I would like to request that my service medical records be examined, specifically blood tests etc... that may show a high glucose level in my blood or other indications of diabetes. My intent is to see if perhaps I may have developed this condition while I was in the military and apply for the appropriate level of VA benefits. Here is my administrative info: XXXXXXXX xxxxxxxxxx My VA file number is XXX-XXX-XXXX My current Doctor is: ((Name address and contact info for doc with phone)) Thanks in advance for your help and consideration. Does this look like I have an adjudicated claim? I am filing for upgrades and other new stuff in an FDC. Do I just include this and summary declaring an adjudicated claim? THanks

Hello, I'd like to draw on the experience of the brain trust here. Should I CUE or now or later? Brief summary. I was medically discharged in 1997 for Asthma and left ankle issues. The Army discharged me with 10% for Asthma and 0% for left ankle. The VA gave me 2 C&P exams. One noted pain with activity and normal range of motion (less than a paragraph). One noted dorsiflexion to 10 degrees (CFR says normal is 0 - 20) and normal range of motion. I believe I have several grounds for CUE. That being said I never interacted with VA after my C&P Exams in 1998. Fast forward to 2015 and I learned more about the VA and am making a Fully Developed Claim to raise both of these with DBQ's from private physicians. I take steroidal inhalers daily (Symbicort) and my orthopedist states impingement syndrome and dorsiflexion of -5 degrees stating "Patient can not get to neutral position". So I believe in an increase request I will end up with 30% for Asthma & 20% for Limited Range of Motion of Ankle. I will also be initiating new claims for both feet, knees, right ankle, back and right wrist. My question is.... Should I file the claim and get the 30% for my ankle and file the CUE after it resolves... I believe I can file a CUE at any time. So there is no rush. I believe the CUE will get me 10 to 20% back to 1997. Thoughts?

Do you need a CUE to turn NSC to SC?

Thank you very much for candid and meaningful advice. I appreciate it greatly.