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Imo For Cue?

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Angela

Question

I am working on a CUE for failure to consider all medical records - RO used only in service Medical Evaluation Board document for rating, quoted it directly - and failed to consider more recent medical records by a specialist at all. I am wondering if I should get an IMO before I file?

My disabiltity is listed as 7332 with 60% rating (i.e. extensive leakage & frequent involuntary bm) but should have been rated as 100% (complete loss of sphincter control) since records clearly state "completely incontinent". If anyone knows where I can find a definition of "complete loss of sphincter control" that might be of help too.

Apparently common sence is not a requirement for ROs.

Also, DVA helped me when I originally filed. Does that mean I have to go through them now? What are the rules or where can I find them?

All suggestions welcome.

Angela

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A new IMO can not be used in a CUE claim that has already become final. But a new IMO can be use to reopen a claim for an increase.

A CUE claim may be presented that the VARO failed to consider evidence that was before them, that had they evaluated it with the in service medical records, you would have been rated at higher rate, if not for 100%.

Jim S. :rolleyes:

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Jim S.

Right. I should have written my post better. The reason I was asking about an IMO is that I see so many remands back to rater (once the CUE has been acknowledged) and requests for IMO.

Are you saying that even if I get one, they won't look at it during the re-rating process?

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CUE is used most often as a last ditch effort, if you are still able to appeal your decision at the VARO level, you can submit your IMO to help support your appeal.

If you are appealing to the BVA, you can appeal pointing out the evidence in the records that the VARO neglected to consider in their decision. It may get a remand or they may approve your claim, they could also deny the claim.

CUE claims can take a long time to consider, it may be better to submit your IMO in your appeal and should you win, then use the CUE for an EED for them not using all the evidence to support a prior rulling of 60%, when you should have been approved at 100% at the time of the earlier claim.

Jim S. :rolleyes:

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Angela -

§ 5902. Recognition of representatives of organizations

Release date: 2005-10-11

(a)

(1) The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as the Secretary may approve, in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.

(2) The Secretary may, in the discretion of the Secretary, furnish, if available, space and office facilities for the use of paid full-time representatives of national organizations so recognized.

(:rolleyes: No individual shall be recognized under this section—

(1) unless the individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and

(2) unless, with respect to each claim, such individual has filed with the Secretary a power of attorney, executed in such manner and form as the Secretary may prescribe.

©

(1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative of such an organization as the claimant’s representative as an appointment of the entire organization as the claimant’s representative.

(2) Whenever the Secretary is required or permitted to notify a claimant’s representative, and the claimant has named in a power of attorney an organization listed in or approved under subsection (a), a specific office of such an organization, or a recognized representative of such an organization without specifically indicating a desire to appoint only a recognized representative of the organization, the Secretary shall notify the organization at the address designated by the organization for the purpose of receiving the notification concerned.

(d) Service rendered in connection with any such claim, while not on active duty, by any retired officer, warrant officer, or enlisted member of the Armed Forces recognized under this section shall not be a violation of sections 203, 205, 206, or 207 of title 18.

Edited by carlie
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Angela - Hope this helps.

§ 4.115a Ratings of the genitourinary system—dysfunctions.

Diseases of the genitourinary system generally result in disabilities related to renal or voiding dysfunctions, infections, or a combination of these. The following section provides descriptions of various levels of disability in each of these symptom areas. Where diagnostic codes refer the decisionmaker to these specific areas dysfunction, only the predominant area of dysfunction shall be considered for rating purposes. Since the areas of dysfunction described below do not cover all symptoms resulting from genitourinary diseases, specific diagnoses may include a description of symptoms assigned to that diagnosis.

Voiding dysfunction:

Rate particular condition as urine leakage, frequency, or ......

obstructed voiding

Continual Urine Leakage, Post Surgical Urinary Diversion,

Urinary Incontinence, or Stress Incontinence:

Requiring the use of an appliance or the wearing of absorbent 60

materials which must be changed more than 4 times per day....

Requiring the wearing of absorbent materials which must be 40

changed 2 to 4 times per day.................................

Requiring the wearing of absorbent materials which must be 20

changed less than 2 times per day............................

Urinary frequency:

Daytime voiding interval less than one hour, or; awakening to 40

void five or more times per night............................

Daytime voiding interval between one and two hours, or; 20

awakening to void three to four times per night..............

Daytime voiding interval between two and three hours, or; 10

awakening to void two times per night........................

Obstructed voiding:

Urinary retention requiring intermittent or continuous 30

catheterization..............................................

Marked obstructive symptomatology (hesitancy, slow or weak

stream, decreased force of stream) with any one or

combination of the following:

1. Post void residuals greater than 150 cc.

2. Uroflowmetry; markedly diminished peak flow rate (less

than 10 cc/sec).

3. Recurrent urinary tract infections secondary to

obstruction.

4. Stricture disease requiring periodic dilatation every 2 10

to 3 months................................................

Obstructive symptomatology with or without stricture disease 0

requiring dilatation 1 to 2 times per year...................

Urninary tract infection:

Poor renal function: Rate as renal dysfunction.

Recurrent symptomatic infection requiring drainage/frequent 30

hospitalization (greater than two times/year), and/or

requiring continuous intensive management....................

Long-term drug therapy, 1-2 hospitalizations per year and/or 10

requiring intermittent intensive management..................

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