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.

[Berta]

I am glad I read Rickys' post before I replied here-

I was offended at first by what you had posted-

the advise you received has been excellent-and accurate-

"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"

I dont know where you got that idea-maybe from me- I had 4 decisions turn around in less than a month-

one was a CUE I asked the VA to call on itself in 1996-got results in 3-4 weeks-a blatant obvious erroneous legal decision that was costing me money-

one other -I asked the VA to CUE itself in 2005-they did right away--but still the resulting decision on that was STILL wrong-in rating board now-

the CUE I called them on was regarding the DRO's procedure in M21-1-they HAD to do something fast on that-

and two NODs to VA educational dept-abut 4 years ago- (they work faster than the RO so I didnt file recon request)

that changed those decisions in 3 weeks.The decisions were based on blatant obvious legal errors they had made-I could have asked them to CUE themselves too but I didnt.I stated the legal errors in the NOD.I needed the correct decision fast as my course was open for enrollment-

I had prepared a CUE too if the enrollment deadline passed- but they sent me and my school the award info 3 weeks after receipt of my NOD.

But my two present CUE claims- fully supported by considerable LEGAL (not medical) evidence (CUES are legal issues only)have been at the RO since summer of 2004.

So you can see that an expectation of a fast decision-even based on past decisions- doesn't work.

You COULD ask them to CUE their decision but make sure you file a NOD within one year after the decision.

And you could file a reconsideration request too- no special forms for any of this-but make sure you attach to the recon request and refer to it in the letter- tell them the right rating code and medical evidence that shows their decision was wrong.

The Dole Shalala committee has just recommended that VA comp awards are comparable to military medical percentages-

yu are not the only veteran who has been negatively affected by the practice of VA to change a percentage given by the military-

I am assuming that the military gave you a rating already.

You could print off that part of the Committee's recommendations-and sent it to them with your Recon request or a request asking them to CUE themselves.

Two decades ago my VARO was working on claims much faster than these days-

a member here said they are so overwhelmed now at my RO- (Buffalo)they are sending claims to a different regional office-

it is impossible to expect that any RO these days will work fast on any type of claim.

My neighbor got a 10% SC award in about 7 months at the same RO which has had my claims since the Feb 2003 initial one-one of my vets got 100% TDIU in 4 months but his buddy got 100% in almost 12 YEARS-same VARO-

They both had great evidence-WHEN they filed their initial claims.

You should get a vet rep ASAP.Try to get one who has an office in the VARO building.

They could keep better tabs on your claim- possibly-being in the same RO building.

I see your point that the decision is wrong-

But no one here can guarantee a fast decision from the VA.

and you HAVE gotten accurate help and advise.

Edited February 6, 2008 by Berta

[livingrock21]

Ricky and Berta, thank you. As, I stated before, I'm sorry if my comments were comming of the wrong way. I could have worded my posts a lot diferently.

You two have def. helped me understand CUE's better. Sitting here thinking about it though, I still really believe I have a CUE. I understand that CUE's are evidence of law, and not necessarily medical. The thing is, they didn't follow their own laws. I haven't actually read all of this law, but I'm sure it states in there that if a persons condition is in the VASRD, their supposed to rate the person off those criteria, not another conditions criteria.

I have contacted a couple VFW reps. One here in PA where I am living now(their office is in the VARO), and one where I originaly filled my claim (down in Roanoake, VA). They VFW rep here in PA directed me to the Roanoake office because they didn't have my file here. I contacted the Roanoake office and explained the whole situation, and they said they'd get back to me that same day (which was a friday), or the following monday. Still haven't heard anything back from them and it's been a good week and a half.

I def. agree, I shouldn't be going through this process alone, but I just can't get anyone to help. You guys, and this board have been very helpful. I really am very sorry for comming off that way.

Any more help for a salt dog(some of the salt came from being out at sea, most from this whole VA process)? Most probably wont get that joke. Thanks again guys.

[Berta]

I sure understand your frustration-

I think I need to explain this point-you can only file a CUE on a final decision from the VA- you are still in the appeals process-no final decision-

but you CAN ask them to go CUE themselves- I mean

state in a letter that you believe they have made a clear and erroneous decision based on established VA case law-

and that it should be rectified and then tell them what you told us here-it sure made sense to me the way you ut it-

but then again didnt the rep say to fax them a reconsideration request? this too might well fix the decision in your favor-

it technically is an increase- entropent is absolutely correct- this is what VA would call it.

[livingrock21]

Berta,

Thats what I've been trying to do all along, was get the VA to CUE themselves. How would I go about this?

The rep did tell me to fax in a letter of reconsideration, but he also told me that this would be handled in a few short weeks. That was two months ago. They haven't even opened my claim up for review in the increase process.

I just want them to fix their error, that's why this is so frustrating. If I was just asking for more because thats what I felt it should be. Thats one thing, but I never even got the right rating decision in the first place. That probably doesn't make any sense. ERrr. Thanks again guys/gals.

[71M10]

Livingrock21:

I looked up your condition. Do you have any other SC ratings for back injury or sciatica? They may be rating this as a secondary condition (caused by other injury/disease) instead of an independant medical condition. Which probably is still wrong. Understanding why they rated it that way may help with forming the correct evidence and citations to lead them to the proper rating. Think of it as a trail of breadcrumbs, you have to start where they are at, give them pieces small enough for them to understand and hopefully they will follow the trail to where you need them to arrive at.

Sounds like you need to NOD and request a denovo review by the DRO. In this request be sure to ask for a hearing with the DRO. This should prevent them from doing a review with out any input from you (I don't know if it works for sure, still waiting on my hearing/review since Sept 07).

Best regards,

Tyler

[livingrock21]

71M10,

Hahaha, I loved the bread crumb comment! I don't think anyone could put it any better than that!

No, I didn't have any back problems. The only other problems I have is hypertension, and sinus tachycardia. Other than that, everything is very minor.

Can you go into more detail about the denovo review by the DRO? How does it work? What would I need to do, ect.?