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?

[Berta]

The VA is going to need medical evidence that you did have a back condition in servuce, and that it can be separated from any residuals from the NSC auto accident.

Those residuals could be claimed as aggravated by the initial SC back sprain.

As to the CUE- you might possibly have a basis for a CUE claim.

You will need to get a copy of that older decision and then determine what legal errors they made in it.

However it would only be a CUE if you do prevail on the SC claim that you have pending now-

if you succeed in the present claim for the same disability on your knees that the VA denied long ago-

this supports the "manifested different outcome" criteria of CUE.

A CUE only involves a legal error that cost a vet comp money.

Presently their old decision stands until you do get SC for the knees and then can raise the issue of CUE in a claim. There is no time .limit on filing CUES- I saw one that was awarded in the last few years-back to a 1953 decision.

[kent76]

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...

Thanks! I never even considered filing another claim for VA compensation until I started reading this message board and realized that I suffered several possible ratable injuries while serving on active duty! I believe my back problems are directly related to the so-called back sprain in 1985 which caused me to experience back spasms several times a year following the injury. I believe that my compression fracture happened at that time; nonetheless, I fractured my ankle in 1987 and the medical clinic misdiagnosed it as a sprain. A few months later, after even running a mile and a half run during our annual PT, the swelling got worse and I had an x-ray which revealed a fracture and was then properly treated at Portsmouth Hospital and fitted with a walking shoe. I only started having knee problems toward the end of my enlistment in 1989 while stationed onboard the USS America. Upon my exit exam, I complained of both back and knee problems and I think they suggested that I schedule an appointment with the VA asap. I filed my claim less than 2 months later after having problems climbing the stairs in our house. I really don't remember what month the VA decided my claim but it was very quickly and possibly before the results of my physical exam at the VA hospital. This is why I need to see my c-file! Regardless, I believe that I had a ratable condition because of the results of the VA exam for degenerative knees! Am I correct in assuming this?

[kent76]

The VA is going to need medical evidence that you did have a back condition in servuce, and that it can be separated from any residuals from the NSC auto accident.

Those residuals could be claimed as aggravated by the initial SC back sprain.

As to the CUE- you might possibly have a basis for a CUE claim.

You will need to get a copy of that older decision and then determine what legal errors they made in it.

However it would only be a CUE if you do prevail on the SC claim that you have pending now-

if you succeed in the present claim for the same disability on your knees that the VA denied long ago-

this supports the "manifested different outcome" criteria of CUE.

A CUE only involves a legal error that cost a vet comp money.

Presently their old decision stands until you do get SC for the knees and then can raise the issue of CUE in a claim. There is no time .limit on filing CUES- I saw one that was awarded in the last few years-back to a 1953 decision.

Berta, again, you are a wealth of information! Thank you and everyone for your support!