mos1833

folks,i still cant read new content, ever thing is set right,any help please

thanks,mine is set correct,and i can read your post here #1 , i can read other forums just not new content.

when i click the view new content, it says no new content,whats wrong . thanks

i would like to know that too , thanks stretch

§4.31 A no-percent rating. In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. [29 FR 6718, May 22, 1964, as amended at 58 FR 52018, Oct. 6, 1993] how does dc- 5299 - 5295 relate to a compensable evaluation , what does the schedule say about dc-5299 ,thanks i think this covers dc-5299 4.20 Analogous ratings. When an unlisted condition is encountered it will be permissible to rate under a closely related disease or injury in which not only the functions affected, but the anatomical localization and symptomatology are closely analogous. Conjectural analogies will be avoided, as will the use of analogous ratings for conditions of doubtful diagnosis, or for those not fully supported by clinical and laboratory findings. Nor will ratings assigned to organic diseases and injuries be assigned by analogy to conditions of functional origin. thanks

thanks again. i have posted several times on this claim,the cova just denied it , and then closed it , my lawyer quit ,and said i could re-open it with new evidence. its already been a long road with many turnes i dont understand, if you should read all my posts youd go as crazy as i am.i thought the va never folled any of the rules in my claim,so before trying to re-open it with new evidence. i thought ide check if a c.u.e. would be better. i know i need a doctors opinion in my favor to re-open , so iam saving up for that. they do have some of my smr"s that show two injuries,and it does use the words chronic,no duty,bed rest,lite duty. they say my exit exam show no problems, they dont have that because i didnt get one. any way iam just checking for, and how to claim a c.u.e. i filed a c.u.e. in 2002 but i guessed they missed it,cause nothing happend,sorry for ranting.

thanks ,71m10 i guess my questions are , what residuals do they look for with a dc-5299 and whats the lowest rating for dc-5295 i didnt see a doctor til 8 years after i got out. i think iam trying to build a c.u,e. starting from the first denial, thanks

§ 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. are symptons required for the the exceptions.of an unlisted condition, such as dc- 5299-5295 i got denied in 1984 , with this dc-code because they say it wasent showen as chronic on my smr does this sound right, thanks i thought it required at least a 10% rating

thanks again john999

john999 , thanks for your help , when my claim was at the court i could not belive all the mistakes the made, so i ask my lawyer for a copy of the record (rba) he sent me a copy on a CD ,it has parts of my c-file on it .those parts are all scrambled and not in order. the cue is 5 pages long, and its not stamped or any thing.it does have the date it was filed, its kinda like they missed it,or something. any way whats my next move.? thanks

john999 , how do you tell if its date stamped , i rember the rep. saying they may decide my appeal first , but iam not sure .thanks

when i was denied in 2002 , my vfw rep filed an appeal for me ,and at the same time he said they made a cue mistake in 1984,so he filed a cue claim, but nothing happened with the cue claim,its in the c-file but no decesion,shold i file a rit , or what thanks

can i just bump this its important to me . thanks

i got a dc of 5299-5295 , does the dc-5299 relate to the residual ,?? only thanks

thanks stillhere this claim is closed at the cavc , denied , now i am just trying to see if any of the little mistakes can be fixed , and maybe file a new claim.or even a cue if they add up to that much. thanks again

thanks broncovet

i still need your point of view

bump

jbasser ,you are so right. just to make this clear, the cavc just closed my claim 11-2847 on jan, 4th 2013 -- and yes i did have a lawyer . since day one i have tryed to get all the little mistakes removed, and even my lawyer said it cant be done. but still i have so many questions now about those little mistakes, so iam taking them one at a time, the post above shows , ( what i think ) is a mistake, why did i need new evidence, when i got back to the board ,which was a remand with orders, i hope thats clear enought..i not to good at saying what iam thinking.thanks

i lost my claim. the va made so many little mistakes , and they kelped me confused the whole time i was in the appeals process, ( i heard it said after va puts something on paper you'll never get it changed ) so now i want to list some of these little mistakes in no particular order, but this one is very confusing.and i hope you'll understand what my questions are. this question is about remand orders. 95-42 640 a june 2004 decesion and order,vacated the boards decision and remanded the matter for further consideration. in a march 2008 per curiam opinion,the united states court of appeals for the federal circuit (federal circuit) summarily affirmed the courts june 2004 decision. subsequenty,in october 2008, the board again found that the veteran had submitted new and material evidence to reopen his claim. see what i mean,the board again found that the veteran had submitted new evidence, even though i didnt summit any thing , and so i guess it came back from the federal circuit needing new evidence, is that right ? was this a mistake ? thanks

can any body add their thoughts,thanks

thanks 71m10 , i filed a cue in 2002, through the vfw ,and they never even mentioned it.

case closed , now what ? claim no. 11-2847 at the court. can i cue ? the reason why is they placed all of there eggs in one basket. by useing a document as controlling evidence against all my lay evidence,and also allowing all the c/p nurses to use the same document to sway their opinion, even though i was telling them they were wrong,if you read this short summary of my claim,youll see they relied on my seperation exam for all there decesions ,which is not part of the record,or even exist, i have ask them to show it but they igno me.aways thanks

thanks meghp0405 i think lawyers working for vets , schood have their own doctors,to provide c/p exams to a vet , and with the payment included in their payments. nurse practioneers, will always word an exam against the vet.

thanks to everone here , but it looks like i cant win this claim ,so i guess i will start over, should i file the same claim again, or try to reopen with new evidence, can i use any parts of this claim,in my new claim,because they already seen it, who do i contact, thanks