Cue, What I Should Be Doing?

[livingrock21]

I have another thread here on my claim, but that was a couple weeks ago.

A little about my claim for anyone that doesn't remember anything about my last thread, or didn't see it. I got my findings back in November. I was rated for something other than what I have. It was stated in my findings that they rated me this way because my condition isn't in the VASRD. Thats not the case. I can look my condition up in the VASRD right now, and I can give the diagnostic code for it. There was no reason for them to rate me under the code they did. When I got my findings and read the way they rated me in my findings, I called and asked what I should do to get all this fixed. The claims representitive that I got seemed to be helpful (we all know most arent), and said I needed to fax in a letter of reconsideration. Long story short, they now have my claim in as an increase. I wanted it to be a reconsideration! They haven't gotten one thing right with my claim. I still have the original letter that I faxed them, and it says nothing about an increase. I want to be rated by the right diagnostic code, which would intern increase my percentage.

The military and the va are both supposed to rate under the same criteria, which is the VASRD. Well the military got it right when they medically retired me, so why couldn't the VA get it right, especially since I turned my findings in from the military when I filled my claim. This really is just unbelievable.

So, the more I have thought about all of this, I really feel like I should have a CUE in the system. I want to know what I need to do to get all this in order (what form, what evidence, how to present all this). I'm not sure if it will help or not, but the codition that I have is called erythromelalgia, and it's in the VASRD as diagnostic code 7119. They rated me under paralysis of the median nerve which I believe is rated under diagnostic code 8515.

Please help me, I want to get this filled ASAP, from what I've seen on this forum the turn around on a CUE with good evidence is pretty quick 3-4 weeks. Is that pretty accurate on time? Any help anyone thinks they can give me would be greatly appreciated.

Thanks in advance.

[livingrock21]

I have another question, that some of you may be able to help me on.

I got medically retired, from the condition that I'm talking about for the CUE. If I'm around a lot of heat, it gets extremely worse, and I was an HT(welder/plumber/firefighter) in the Navy. I put in for Voc Rehab a long time ago, I've done all the testing, I'm just wating to see a councelor which they people at Voc Rehab are telling me could be a while. Well I'm currently unemployed, and collecting unemployment. I just got a job offer welding in the boilermakers union around here. I've had other job offers, but they've all been welding positions. The heat from the welding will be horrible for me, and if I took the position, I'd come home hurting everyday.

My question is, if I took the position welding could there be any repercutions? Since I got medically retired? Unemployment is about to run out, I have to take something to feed the familiy. Voc Rehab is taking their sweet time, they haven't retrained me. The way I look at it, I shouldn't get introuble since they haven't retrained me. If you have any knowledge on this, I'd appreciate help with this also, Please.

[entropent]

"they now have my claim in as an increase. I wanted it to be a reconsideration!"

Don't worry about this, a "claim for increase" is a generic name for any claim that is not an initial claim. You do not have a CUE, because the rater was making a judgement call as to whether your symptoms more nearly approximated the 7119 or the 8515. I suspect that they thought the 8515 would result in a higher evaluation for you. Looking at the criteria for erythromelalgia, I see that, to get more than a 10 percent, you need to have documentation of daily attacks. If the rater thought for any reason that the evidence did not show this, s/he may have thought analogy to a nerve coding would be to your advantage.

[livingrock21]

entropent,

I understand what your saying, but that's not the case. I have documented, by the dr. that diagnosed me with it, daily attacks that interfere with my daily activity. They knew this, and they were trying to get off easier thinking I was ignorant to this process. It doesn't matter in any way, it states in my findings that my condition was not in their rating criteria which is false!

Anyone else have any input.

Ignore my other question pertaining to the job, and voc rehab. I recieved a letter in the mail today to meet with a voc rehab councelor to go over my claim.

Thanks in advance.

[Ricky]

entropent has given you excellent guidance. No CUE exist on issues of which rating code is assigned.

What exactly did your rating decision say?

Thanks

[livingrock21]

A CUE is a clear unmistakable error. It doesn't get anymore clear and unmistakable. It's also something that would change the outcome of a persons findings or rating decision, check. It fits the whole description of a CUE.

It stated that my condition wasn't in their rating criteria, and they were going to rate me analogously to a similar condition. That's completely false. My condition is in the VASRD. The military rated me under 7119 when they medically retired me! Common, I was thinking I'd get some help here. I'm sorry if that sounds mean, I'm just really frustrated by this whole process, and I dont need any further frustration.

Please help me.

[Ricky]

Calm down just a bit as we are all flustered. If you have not submitted a NOD yet and your C&P provides a diagnosis of your condition, then this is your best way to go.

Simply tell them that you disagree with their decision and that the code they have used to rate your disability is a misapplication of CFR 38.

Base this upon the fact that the diagnosis of XXXXX is the reason you were discharged from the service and the fact that the rater was incorrect when he/she provided in your rating decision that your disability was not covered by the rating schedule and draw their attention to Section 4.104.

I understand your time crunch and financial situation. Hopefully this will not take long.

The other piece of advice that I can give you is don't go this alone. Go see a service officer in your area and sit down and talk with him/her. They should be willing to discuss this with you even if they are not your POA. Maybe after reviewing your claim he/she will have some better ideals.

Now as to your statement: You are receiving help. Sometimes you will get answers to your posts that you do not want to hear. That does not mean that you are not receiving help. You will get advice each time you ask for it and this advice will come from some very caring veterans who are trying to understand your situation without the opportunity to review your claim. Your continued non-acceptance of the info that has been provided to you is perfectly o.k. and understood. However, an appropriate response would have been "I really don't understand so can you explain to me why this does not meet the CUE standards?" Just a recommendation for you when dealing with old worn out veterans, most if not all, who are dealing with the same problems your are dealing with on their own claims; most if not all are living in or facing more severe problems than you or I (and yours is pretty severe). As you said below, my comments are not meant to be mean, they are just a defense of the great veterans on this board.

Edited February 6, 2008 by Ricky