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Marineleo

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About Marineleo

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  1. The most recent decision where they state there was no new and material evidence was December 30, 2018. I asked the VSO about filing a CUE and I don't think he has any clue what's required to do that from all of the information I'm reading on here and everywhere else. He literally typed about two sentences on a 4138 that said something to the effect of,- Would this not be considered a CUE because we submitted these documents on this date and how is it not new and material evidence. ..... That was it. We've gotten pretty much no help from the VSO at all other than a point of contact to send in documents and someone to go to so we can look at the file regularly to see if there's anything new in it. Every time we ask him what to do, how to do it, or why things are denied he either has no answer at all or tells us something that makes no sense based on everything I can verify on my own looking on line.
  2. Thank you everyone for all the helpful information! I am typing up a CUE letter today using some of the other examples on here. Can I hand submit this at the VARO at Bay Pines? (It's a little over an hour drive but I would much rather put it in their hand directly and get the stamp on it showing that they received it). Can it just be in letter format on standard paper or is there a specific VA form that it needs to be submitted on/ with? Berta in answer to your question- Every time we've submitted something we've had the FDVA VSO submit it via FAX and have saved all the confirmation pages showing that it was sent/ received. The VSO also pulled it up in the file to confirm that all the documentation we've submitted is in there. We did not get a 5103 Waiver. They had issued the initial decision, we responded back with the highlighted copies of the surgical records (in case they somehow missed it in the other medical records), the Nexus statement from the primary care physician, and the photographs of the large midline scar. They responded back that it remains denied because the evidence submitted is not new and relevant. It includes a 4107 and 21-0958 to fill out but I'm not seeing a date for appeal?
  3. VSO is FDVA. We did contact them and he said it makes no sense to him either but he wasn't very helpful in offering suggestions. He said it looks to him like they just plain didn't read the information we sent them. When we previously submitted all the documentations, we highlighted and circled all the dozens of places where it shows DIAGNOSIS: Gastrointestinal Bleed, PROCEDURE PERFORMED: hemicolectomy (removal of the descending colon). He submitted a 21-4138 asking them how the information we submitted was not new and material evidence but that doesn't seem like something that's likely to get anything accomplished. I just can't comprehend how service records showing the surgery while on active duty don't clearly create the service connection??
  4. I need help with a CUE, (and deciding if it's worth filing or if we should just contact an attorney to file a NOD). My husband filed disability for 1. Large Intestine Resection with moderate symptoms (7329) & 2. Residual painful scarring; status post left hemicolectomy. (7804). We provided to them his IN SERVICE active duty surgical records showing the emergency surgery was performed due to an intestinal bleed. They issued their decision stating that "Service connection is denied since this condition neither occurred in nor was caused by service. There is no objective evidence to support the claimed condition of intestinal bleeding or ulceration; There are no medical records to support the veteran's claimed colon removal. Therefore it is less likely than not that the veteran's claimed colon removal was incurred in or caused by surgery while on active duty." We responded with "new and material evidence" sending ADDITIONAL medical service records which included the emergency admit records at Bethesda, the subsequent clinical medical notes and follow up treatment records and the lab records showing their examination of the 7 1/2" of removed colon. We also sent color photographs with and without scale of the large abdominal scar and a Nexus statement from his current primary care physician stating that his current and ongoing symptoms are more likely than not a result of the prior surgical procedure. They responded back that the claim "remains denied because the evidence submitted is not new and relevant".???!! Will a CUE help? If so, is there a "form" we file it on or does it just get submitted on a 21-4138? What do we need to put in the CUE to explain that they're idiots and clearly did NOT look at any of the medical records if they think he did not have a GI bleed and surgery? I don't understand how/ why this can be denied when we have all the medical records showing it happened while he was on active duty?
  5. I need help with a CUE, (and deciding if it's worth filing or if we should just contact an attorney to file a NOD).  My husband filed disability for  1. Large Intestine Resection with moderate symptoms (7329)  &   2. Residual painful scarring; status post left hemicolectomy.  (7804).  We provided to them his IN SERVICE active duty surgical records showing the emergency surgery was performed due to an intestinal bleed. 

    They issued their decision stating that "Service connection is denied since this condition neither occurred in nor was caused by service.  There is no objective evidence to support the claimed condition of intestinal bleeding or ulceration; There are no medical records to support the veteran's claimed colon removal.  Therefore it is less likely than not that the veteran's claimed colon removal was incurred in or caused by surgery while on active duty."  

    We responded with "new and material evidence" sending ADDITIONAL medical service records which included the emergency admit records at Bethesda, the subsequent clinical medical notes and follow up treatment records and the lab records showing their examination of the 7 1/2" of removed colon.  We also sent color photographs with and without scale of the large abdominal scar and a Nexus statement from his current primary care physician stating that his current and ongoing symptoms are more likely than not a result of the prior surgical procedure.  

    They responded back that the claim "remains denied because the evidence submitted is not new and relevant".???!!

    Will a CUE help?  If so, is there a "form" we file it on or does it just get submitted on a 21-4138?  What do we need to put in the CUE to explain that they're idiots and clearly did NOT look at any of the medical records if they think he did not have a GI bleed and surgery?  I don't understand how/ why this can be denied when we have all the medical records showing it happened while he was on active duty?

    1. Tbird

      Tbird

      please post this on the Veterans Affairs Claims forum

    2. Marineleo

      Marineleo

      Sorry, I'm new- Do I have to create a new post or how do I do that?

       

    3. Marineleo

      Marineleo

      I think I got it

       

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