Cue Claim

[Mr cue]

i have a cue claim in about a 93 decisions which i was rated under 5322 which is for a muslcle strain of left neck.10% which is for muscle injury due to gunshot which i have never been shot i applead and they denied me a increase because there is no deep penetating wound. as i said i have no gunshot wound while in 2001 with the help of hadit.com i reopen claim in 2001 and was grant 100%t/p witha code of 5293 in 2004 which is for neck problem which mri show at c/5/6. they retro till 2001 i fell this is a cue i was rated wrong and was unable to get increase because i was rated under the wrong code. well there is one other thing in my cue about my elbow when i had the fall in services there was a bone chip on my elbow. i was told i have symptoms o paresthesias of the left hand with hyperflexion of the left elbow as well as palpation pf the ulnar and cubital tunnel. diagnoses inculded rule out cervial radiculopathy versus left cubital tunnel syndrome causing paresthesias into left hand. the decsion sevvice connection for disability of the upper extremity with symptoms of paresthesia is no estabilished service mediacal record indicated the veteran admitted to existence of the symptomatology follow ing a left elbow fracture prior to service. the service medical records an va examm failed to show permanent aggravation of the preexisting conditions due to the fall the veteran had now i broke my elbow when i was 12 yrs old i was 22 in the service i put i broke my elbow on my enlistment exam and on the service exam it doc stated healed ready for training i had the fall and thger is a bone chip andi was told i never told my recuitor i broke my elbow. i was denied now i had all of my records and exam and its on ther about elbow so why was this not rated isnt this false statement say i never told recuitor about braking elbow when 12yrs old if is on all of my enlistment exam. and that was when i was 12yr old i was 22when i had the fall and there a bone chip on ex ray i believe these are the reg.i will in my cue claim **4.22 4.7,10,17,21 if more i can use help me .

[Berta]

You asked a few weeks ago:

"if i won a cue claim againts a 93 decision does this make my 2004 100% go back to 93 i believe i have a very good cue"

Only if in 1993 the VA committed a CUE that directly involved your 100% rating at that time.

You also stated :

"with the help of hadit.com i reopen claim in 2001 and was grant 100%t/p witha code of 5293 in 2004 which is for"

Did the medical evidence that VA had in 1993 warrant a 100% rating then?

Did the fact that they used the wrong diagnostic code in 1993-constitute the CUE?

If so I would agree you have potential of CUE award.

I am not good with issues such as the elbow, etc-pre existing ,non pre existing etc-

but -if you can prove the VA made legal error in that 1993 decision they definitely own you retro-

and the retro will be based on the level of this disability in 1993.

Cue claims have to be stated simply because the VA will confound a CUE enough on its own -to confuse the veteran-

I have some outrageous stuff here from VA in their ploy to use an untrue and completley unestablished fact to get out of my CUEs.

I rebutted this right away with the proof of the established Fact they overlooked.

Cue claims are not handled by the usual raters- and can certainly see how carefully my last letter from VA was crafted on my 2 CUE issues.

Part of of my rebuttal was that one statement they made made absolutely no sense at all and I asked for clarification-which I havent got yet-

I hope you have a service rep who is helping you with this-

My CUEs are with a DRO and I have a lawyer who wants to handle them.

The VA cannot pull stuff on lawyers that they can try to pull on us.

When did you last file a NOD on this CUE?

[Mr cue]

i open the cue claim in 10/08 and made a call to check on it and was told it with a superviser i call rep and told the guy who is looking will look at but rep don,t no any thing about cue claims they are good for nothing. as i say i reopen claim in 2001 i did this with the help of hadit.com and got my 100% rep told me i should not be get help from some one on internet. rep help was no good that is why they did this in 93 there wasno hadit.com then so i no nothing.reg 4.22 can some tell me how that reads i believe it help with my elbow cue.

[john999]

Berta

I am letting Karl the lawyer do my CUE's. They are just too much for me at this time. Too many loopholes for the VA to crawl through and I take too many meds to do sustained work on this claim. I just don't have the umphh to do the research on my own.