Single Status Update
My issue is how to get VA to look at a 18yr old claim. My original claim. I see that they didn’t use all the supporting evidence on rating for Anterior disc fusion. If they had used all the material evidence provided then they wouldn’t have given me 20%. In 1999 title 38 explains that limitation of motion of the cervical spine and a demonstratable deformity from fracture warrants a 30% rating. Problem is the wording. Deformity is never mentioned in any of my exams however my radiological consultation request and report dated September 94 (while I was active duty) reads... examination of the cervical spine in two views: no demonstratable recent traumatic pathologies and cervical spine except straightening of the cervical Spine due to muscular spasms. Fused vertebrae or seen at Levels C5-C6 which may be due to the result from an old trauma. (I broke my neck when I was in the army) Another diagnostic radiology report dated May 2002 and conducted at VA Medical Center, Louisville, KY states The examination of the cervical spine is compared to a study done in March 2001 the fusion at C-5 has not changed appearance since that time. The alignment still shows rather marked straightening of the normal lordotic curvature. Making note that they refer to my compensation and pension exam for my disability in March 2001 that Diagnostic radiology report says there is normal alignment there is evidence for anterior fusion of C5 and C6 vertebrae bodies. There are mild to moderate degenerative changes involving the C4 and five and see six and seven levels joint space narrowing is seen no acute fracture or subluxation. But the radiologist in May 2002 used March 2001 to compare the changes and he said there were no changes and that the fusion at C-5 C6 has not changed appearance since that time.The alignment still shows rather Mart straightening of the normal adult curvature he said it still shows when in 2001 they didn’t even mention it. I’m going to move forward to February 2004. I got approved for an increase but...There wasn’t an increase on my cervical spine anterior fusion. I say again deformity is not mentioned anywhere in my records but I looked up straightening of the lordotic curve in the cervical spine and loss of lordotic curvature of the spine it’s defined as lordosis. I looked up deformity it lists scoliosis lordosis and a couple others. Just because deformity is not used in Any other diagnostic radiological reports or consults but that doesn’t mean it isn’t a deformity. It just means they did not list it for whatever the reasoning was. In August 2003 I was referred out from VA to aneurosurgeon the Neurosurgeon’s letter ofinterpretation of the radiology report stated there is a mild scoliosis of the cervical spine complevexity to the right. There is loss of cervical lordotic curvature was also an independent review of systems he noted MRI scan of the cervical spine reveals presence of loss of the cervical lordotic curve with cervical Degenerative disc disease. he specifically said scoliosis most people know scoliosis is a deformity but he also said loss of the cervical lordotic curve which is lordosis. Both of Those are deformities yet they never used it to give me theproper rating in 2001 or in 2004 I would appreciate any help that you guys can give me on how to try to fix this
Hello welcome to hadit,
IF THEY FAILED TO USE EVIDENCE AT THE TIME THEY RATED YOU BACK ON THAT DATE AND IT WAS NOT THE CORRECT RATING AND THIS EVIDENCE WILL RENDER YOU A BETTER RATING THEN YOU MAY HAVE TO FILE A CUE CLAIM.
I am not sure how to advise you to reopen your old claim but other elder members may chime in with more experience than I.
I know you will more than likely need a good Veteran Friendly Dr preferably a specialist to help you out to give his professional medical opinion.
You had some relies here in May 2019- and I think it involves the exact same issue:
Was the past CUE you prepared in May 2019 denied?
If so can you scan and attach the denial here? Cover your C file #, name etc prior to scanning it.
I dont get into PM or email claims issues. Everything I know about CUE is in our main forum , and we have many others here who are up to speed on CUE claims.
Rest assured the VA is going to fight you on 16 or 19 years retro. (It sounds like you didnt appeal it back in 2001, 0r 2004.)
While I have not read EVERY single thing in this thread, my opinion is that you will "likely" need 3 things to win this. (NOT in this order):
1. Probably an IMO or IME. If there is unclarity on a cue, then tie goes to VA. No BOD on CUE.
2. You may also need an experienced lawyer who represents Veterans.
3. A complete copy of your cfile. If we give an "opinion" on your opinion, our opinion can be no better than your opinion. Thus if you want an opinion, say from an attorney, he would need to first view your medical file.
This is my general advice on virtually ALL large retros: get the cfile, get great representation, and be willing to pay for an IMO or IME if needed.