Refresh My Memory On Correcting Ratings Please

[cowgirl]

In a nutshell; sc issue on original claim was given 0% rating. Now the issue is diagnosed and rated correctly percentage wise.% Regulations then and now agree on the correct diagnosis. So, rating was wrong from the start.

Whats the fix? for years with wrong diagnosis and no compensation? How about missed care? or insurance oppurtunities, or

Got proof, IMO, Drs. letters, cfile, VA records, smrs, regs, lab reports, etc.

My head hurts and I am having a hard time thinkin!

Thanks for listening, fondly, CG'up?

Edited July 2, 2008 by cowgirl

[Chuck75]

In a nutshell; sc issue on original claim was given 0% rating. Now the issue is diagnosed and rated correctly percentage wise.% Regulations then and now agree on the correct diagnosis. So, rating was wrong from the start.

Whats the fix for years with wrong diagnosis and no compensation? How about missed care? or insurance oppurtunities, or

Got proof, IMO, Drs. letters, cfile, VA records, smrs, regs, lab reports, etc.

My head hurts and I am having a hard time thinkin!

Thanks for listening, fondly, CG'up?

[Chuck75]

I believe that you should see if your situation meeds the requirements for a "CUE" claim.

Assuming that you did not follow the timetable, and the claim that was rated 0% was considered "final". CUE claims are not the easiest claim to win, but it may be the only practical way left for you to get retroactive benefits. There are one or two supporters/users of the forum that have experience with CUE claims and can better tell you than I what is involved.

In a nutshell; sc issue on original claim was given 0% rating. Now the issue is diagnosed and rated correctly percentage wise.% Regulations then and now agree on the correct diagnosis. So, rating was wrong from the start.

Whats the fix for years with wrong diagnosis and no compensation? How about missed care? or insurance oppurtunities, or

Got proof, IMO, Drs. letters, cfile, VA records, smrs, regs, lab reports, etc.

My head hurts and I am having a hard time thinkin!

Thanks for listening, fondly, CG'up?

[jbasser]

CG. The initial decision that awarded the big (0) percent was based on a certain amount of medical evidence presented at the time of the first award.

Now if the same information was used to increase the award, then there may be a CUE, However if there is new evidence since the original decision then that would most likely effect the Award date and be considered an increase.

You can write a letter and ask for an earlier effective date and show the criteria to the VA.

If the original decision warranted a percentage higher then cue is easier to claim. If the schedule shows a compensable rating and you get a zero, They have not correctly applied the regulations. in this case this shows that regs would substantially change the outcome.

They should pay back the original claim date.

Here is a case similar to yours.

http://www.va.gov/ogc/docs/1991/PREC_68-91.doc

J

Edited July 2, 2008 by jbasser

[carlie]

j,

Good post - I have printed it out.

Maybe this could help Rockhound, if the Evidence was there at the initial claim.

Thanks,

carlie

[cowgirl]

jbasser, thank you for replying with a case that may help Rockhound and myself! You are so good with hitting the nail on the head. This case description is very clear in discussion and support, a U.S. military veteran had excessive number of years didnt recieve deserved benefits and was given a misdiagnosis, the way I see it. A vet wronged with years of incorrect care, how unspeakable!! I am a veteran with disabilities and a family. I think I get or have had good VA care up to now for chronic sc conditions, but have I? with misdiagnosis? wrong rating? For many years the va has applied the wrong diagnosis and rating to this particular sc disabilty. How do I know? Their diagnosis & rating then and their diagnosis & rating now disagree. They told me. Go figure.

Thinking about others is my way. My family, husband, kids, parents and siblings as should be.

I consider all veterans to be 'MY family'. How can a medical care and compensation system meant for 'MY family' of veterans shortchange so many? Veterans with disabilities, young or homeless, senior or or single, with or without family members deserve great care and compensation.

Am looking forward to sunny 4th and hope everyone here is as well!

I'll celebrate our nations birthday and then get down to 'family' business.

CG'UP!

Edited July 2, 2008 by cowgirl