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Bva Ruling 1991 For Lower Spine.


Brax
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Question

I need advice from you good veterans. I've been stuck in this VA claim quagmire since 1991 and it just keeps getting worse. I'll give a quick history.

In 1989 I had surgery on my lower lumbar at Walter Reed MC. The doctors performed a laminectomy of the L4-L5 disk (complete removal) with a spinal fusion with steffy plates and bolts from L4-S1. Upon my medical discharge the Army rated my spine injury as the following: #5292 Limitation of motion, lumbar spine, following surgical fusion of L4 through S1, April 89 with spinal decompression and L4/L5 diskectomy; requires clam shell brace. Percentage 40%. After discharge my medical records were sent to VA, months later their rating came back a follows: #5293 Spinal Disc Condition of L4-L5 20%. A CUE was filed along with many appeals to no avail.

During the time frame from 1989 to present I have had 8 additional disk rupture through out the length of my spine. I have filed claims seeking service connection on the additional ruptures stating it has been referred from the original injury, again to no avail. The VA's response is that the spinal disk decease at the L4/L5 has not worsened.

I recently had a service officer review my claim history. This is what was determined. That the rating the VA gave me in 1991 is a Clear and Unmistakable Error because the VA states the L4/L5 disk is diseased when in fact the L4/L5 disk was completely and entirely removed in 1989, the L4/L5 disk was completely replaced with bone fusion. Also because of the wrong rating the claims that were filed on the additional 8 ruptured disk VA would not allow the C/P doctors to take in consideration all of the surgical reconstruction done to my lower lumbar, the VA would only allow the doctors to consider if the spinal disk disease at L4/L5 had worsened. Of course the disk had not worsened because it was removed in 1989 so they denied the claims.

We filed a CUE this year stating that it is impossible for me to be service connected for spinal disk disease of the L4/L5 when the disk was completely and entirely remove in 1989. The claim came back denied stating the BVA in 1991 had ruled on the matter and the VA Regional Office had no jurisdiction in the matter.

I've been told since the BVA ruled on it in 1991 that there is nothing I can do. I do not want to believe there is nothing I can do after fighting the VA for the last 18 years.

I'm asking for suggestions and advice,

Thank you,

Brax

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a long shot but is this your BVA claim?

http://www.va.gov/vetapp08/files2/0815476.txt

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Thanks for the quick response Berta,

No, this in not my BVA decision. The last filing was a CUE with the Ohio Regional Office, they said they did not have jurisdiction in the CUE. They said that the BVA had ruled on a CUE in 1991, I had no ideal this had occured.

Brax

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I would tell BVA I never received a copy of their decision that denied a claim of C&UE

and request they mail me a copy.

jmho,

carlie

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Find your Docket number at the VBA website and post your decision.

In order to claim a CUE yopu need to prove that the VA violated procedural error.

It would be the type of error that is clear cut.

We need more information so that the CUE experts here can decipher the ruling and see why they denied your claim.

J

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It took me awhile to get a copy of the BVA decision; you may want to read my original post on this topic to refresh what is going on with my claim. I have also included a scan of the Army PEB decision from 1990 and my current status sheet from the VA. I really appreciate your time, effort and advice with helping with this. If you need more information or clarification on anything let me know. Thanks again.

ArmyPEB120690.pdf

VAStatus.pdf

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It took me awhile to get a copy of the BVA decision; you may want to read my original post on this topic to refresh what is going on with my claim. I have also included a scan of the Army PEB decision from 1990 and my current status sheet from the VA. I really appreciate your time, effort and advice with helping with this. If you need more information or clarification on anything let me know. Thanks again.

bvapg1.pdf

bvapg2.pdf

bvapg3.pdf

bvapg4.pdf

bvapg5.pdf

bvapg6.pdf

bvapg7.pdf

bvapg8.pdf

bvapg9.pdf

bvapg10.pdf

bvapg11.pdf

bvapg12.pdf

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