mos1833

in my case they never ever talked about any chance of my condition had gottin worse,they even said i could not say it had any thing to do with my injury, so all my lay evidence was out,that hurts ======================== according to the Court's caselaw, "congenital diseases, but not defects, may be service connected." Quirin v. Shinseki, 22 Vet.App. 390, 394 (2009); see also Winn v. Brown, 8 Vet.App.510,516(1996)(holdingthat"non- disease or non-injury entities such as congenital defects" are not "disabilities" within the meaning of 38 U.S.C. § 1110, which outlines basic entitlement to VA disability compensation); 38 C.F.R. § 3.303© (2011) (stating that congenital or developmental defects "are not diseases or injuries" for VA disability compensation purposes). In Quirin, the Court explained that "a defect differs from a disease in that the former is 'more or less stationary in nature' while the latter is 'capable of improving or deteriorating'" and stated that "any worsening–any change at all–might demonstrate that the condition is a disease." 22 Vet.App. at 395 (quoting VA Gen. Coun. Prec. 82-90). In this case, the Board did not acknowledge or explain the "important difference" between a congenital disease and defect and did not consider whether Mr. Baugh's condition was mutable or static. See Quirin, 22 Vet.App. at 394

63sierra, you said It may even result in CUE claims in many instances, especially those early claims where they simple state, that the condition was a congenital or developmental defect and they never consider the aggravation aspect. ======= in the early claims they didnt even have to list what evidence they used to decide the claim. in 1985 they said my back condition was a congenital defect.and never considered it disease because of the law,it was droped by the va ,and i didnt appeal,the law changed in 1990 i think but still no help,

bill all my service medical records are from the shore party, is shore party the same as corpsman. thanks

heres some more , 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.

heres a little more about my 5299-5295 §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]

denied useing dc codes 5299-5295 i think its called analogous rating for unlisted conditions. Hyphenated diagnostic codes are used when a disability rating under one diagnostic code requires use of an additional diagnostic code to identify the basis for the evaluation assigned. The additional diagnostic code is shown after the hyphen. 38 C.F.R. § 4 .27 (2012).

63sierra i think they use the word (chronic) to their favor way to much.

berta thanks the cue filed in 2002 was on a 1985 decision. it was 5 pages long. and its in the record. but never adjudicated. my claim for a back condition is not sc. since 2002 its been up and down the ladder . which confused the case even worse. ived tryed to post the cue claim useing openoffice but it doesent work. for some reason i cant copy and paste either. the va didnt acknowledge the cue, they just said they received my claim for a cue. when in fact what they received was a inquiry ,as to why they have not decided the cue filed in 2002. so heres my plan. i will print out the cue thats in the record file in 2002. and send it to my r.o. (thats where this letter came from) and ask the to explain why its still open. should i add any 38 cfr stuff (law) as you can tell i need help , oh the vso i worked with lately is a waste of time. thanks

john999 and stillhere thanks john the cue was filed on a 1985 decesion, in 2002 that denied sc for a back condition,but not appealed. and it became final. you are so right,,,, i dont want to get things mixed up. my claim was at the bva ,then,the court,then to federal circuit, all that information are in my other posts here at hadit. boy what a mess. any way the court fineally denied my back claim. my lawyer said he could not help me any more and quit. so i let the time run out for an appeal. then i was reading my c-file and came across this cue claim filed by my vso in 2002. so i filed an inquiry request as to why it was never adjudicated. then the other day i got a letter saying that they received my cue claim. they already screwed up and i dont know how to fix this either. can i just claim cue on them for not making a decsion on the first cue claim. thanks

bump

the va has made a lot of mistarkes (or) cue . should i try to prove them all (or) just the one they never decided. thanks

heres an update on this mess, just to re-cap , my vet rep filed a cue claim,at the same time i appealed the (then) denial. the cue was never decided. so i filed an inqurie to find out why. so now this week i got a letter stateing they received my cue claim. so now i guess i have a new cue claim instead of any answer to the inqurie. what can i do . thanks

thanks broken

broken . i am assumeing LOD means line of duty evaulation,if so i dont know, i do know i was on lite duty for a long time,right up to my seperation. the reason for the two codes is to identify the bases for the rating assigned ( 38 c.f.r. 4.27 or 4.71a )its called a hyphenated diagnostic code. ?? i dont think its pyramidding see ( va gen,couns,prec 82-90 ) its my opinion that i was rated but not awarded s.c. thanks

thanks again in 1985 i filed a claim for a back condition. the diagnostic codes they used were 5299-5295 but said it was not choronic in service, and also x-rays showed a defect in my back. now i thought there was a mandatory minimum for either of those codes. see what i mean ??

thanks broken let me ask this, if you were denied (gerd) would they still use a d.c. number. or would they just say its denied.??

i stole the information below from another post. it got me thinking, if a vet is rated using a diagnostic code number. does the fact they used a dc number make it service connectied. in other words i was denied benefits,based on a certain diagnostic code. whether they use the code or not, does that mean any thing.at what point is it called in to play. i am sorry if this is confusing, thanks ------------------------------------------------------------------------- The assignment of a particular diagnostic code is "completely dependent on the facts of a particular case." See Butts v. Brown, 5 Vet. App. 532, 538 (1993). One diagnostic code may be more appropriate than another based on such factors as an individual's relevant medical history, the current diagnosis and demonstrated symptomatology. Any change in a diagnostic code by VA must be specifically explained. Pernorio v. Derwinski, 2 Vet. App. 625 (1992).

t-bird this is the thread i was needing help with ( i cant attatch the file,thanks

i just want to bump this for more help , thanks

thanks t-bird the link you posted (opened fine ) does the file have to be ( pdf ) ived tryed different forums. its probley me, i think ived lost or ( changed )some feathers,like the edit, and the ( use full editer thing) sorry , can you tell me where i can find complete instructions, thanks

a quick up date. i have been trying to poat a document . now i get a notice that says . ( you are not permitted to upload this type of file, help

thanks t-bird but i am working from a cd that has all my records on it. i copy to notepad, and then save it (but not as pdf) beacuse i dont have that option. but it gos to my documents page. then i go to hadit ,(where it says choose a file )it gos to my ducuments that where i start having problems,when i click attatch,the little ball spins, and the i get,= the server returneda error during upload. i have openOffice but i cant figure it out. thanks again

navy04, thanks i think i got rid of my cookies but not sure ? i logged off and back on. heres what it says now. the server returned an error during upload. i may be doing something wrong,thanks for any help

i keep getting an error when i try to attach a file from my documents help please. the server returned a error on your upload

can i get some more input please, thanks