Do I Have A Cue Case?

[kent76]

I filed a claim for my knees 2 months after exiting the Navy! I was denied my claim; however, a scheduled exam at the VA hospital revealed degenerative knee conditions a few months later. I am not sure exactly when my claim was decided but it was a really quick decision and the results of the exam may not have been included. I never appealed my case yet all of this happened within one year of getting out of the service. I never saw the evidence used in making this decision! Recently, I had my knees checked again at the VA hospital, and the VA doctor told me that I have arthritis in both knees and that this condition is the number one disability among sailors stationed aboard ships. He said that I should definitely get service-connection on this condition. My question is, since I filed a claim within the one year time-frame for my knees, shouldn't the degenerative knee diagnosis from 1990 and the recent diagnosis entitle me to a cue for this condition?

Also, I had a fractured ankle, severe back sprain(no MRI), and a broken nose while on active duty. I am filing claims for my back(lumbar spine) with stenosis, spondylosis, compression fracture(possibly from active duty),bulging discs, and foraminal narrowing. All of these were confirmed by an MRI(twice). I also have DJD in my cervical spine, and joint pain in my right hip and right ankle(fractured). I am fairly certain that I am suffering from mild depression due to the intense pain. I am contemplating fusion surgery later this month on my lower back and applying for SSDI. Final question, I was slightly injured in a work-related car accident with slight bruises but the doctor asked if I had any problems and I did mention my back pain and he ordered an MRI which revealed these conditions earlier mentioned. As a precaution, my job placed me on temp-total disability. I have been on this since May of 2007. What impact will this have on my claim and how should I approach filing these new claims?

[hurryupnwait]

I never saw the evidence used in making this decision!

I think I would start by getting a copy of your claims file.

[kent76]

I never saw the evidence used in making this decision!

I think I would start by getting a copy of your claims file.

[kent76]

I never saw the evidence used in making this decision!

I think I would start by getting a copy of your claims file.

I did request a copy from the records office in St. louis but they sent me a letter saying they were in Roanoke,Va but a counselor in Roanoke are told me that they are in St. Louis and that his computer shows that they are there????

I vaguely remember getting a one page letter informing me that my claim was denied. Back in 1990, there was no C&P exams that I know of. I got out of the service in December, 1989 and filed my claim in early Feburary,1990. I scheduled an appointment and had to wait until June to have my knees evaluated. The doctor said that I had degenerative knees with worn cartlidges causing the bones to rub together causing fluid in my knees. They assigned me to therapy. Wouldn't this constitute a rating of 10-20%?

I accepted the decision thinking that I would get better. Within a couple of months, I had severe back spasms in my lower back and the pain never went away! My VA records are archived so I have to send off for copies of them as well!

[hurryupnwait]

I did request a copy from the records office in St. louis but they sent me a letter saying they were in Roanoke,Va but a counselor in Roanoke are told me that they are in St. Louis and that his computer shows that they are there????

I would write and send a letter to both places. Make sure you have your claims number in the letter. Do you have your claims number?

You would need to find out what documents were in the file at the time the rater made the decision to deny the claim. Those docs would be in the claims file.

The VA seems to respond better to letters than to phone calls.

[kent76]

I did request a copy from the records office in St. louis but they sent me a letter saying they were in Roanoke,Va but a counselor in Roanoke are told me that they are in St. Louis and that his computer shows that they are there????

I would write and send a letter to both places. Make sure you have your claims number in the letter. Do you have your claims number?

You would need to find out what documents were in the file at the time the rater made the decision to deny the claim. Those docs would be in the claims file.

The VA seems to respond better to letters than to phone calls.

Thanks for your information! How do I go about finding out my claims number? That would really help alot!

[Ron II]

Thanks for your information! How do I go about finding out my claims number? That would really help alot!

You can get your claim number by calling the infamous 800 number. The representative will verify

your ID by asking you a string of questions which you will answer easily. I believe the number is 800-827-1000. At least that was my experience; however, I had already established "new and material evidence" reopening when I received the number.

Good luck...

Edited January 12, 2008 by Manitou Sprgs