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Help For A Friend


ruby
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Question

Someone I know had a claim submitted 30 yrs ago in it they filed for numerous claims pretty much all were denied. In the soc they never mentioned the evidence in her service medical records that supported her claim, they denied based on the comp exam which also said some problems. She did nod, then it went to the bva which sent it to the AMC.

Here is what I told her hopefully someone can help her with better advice. I told her if the VA didn't address her evidence or the comp examiners statement in the soc regarding her spasm etc then she should resubmit this information to the AMC.

While she could submit new and material evidence she would lose her eed from my understanding. She doesn't want to do this. I do believe these are cue's again this may prolong her battle.

I may have some of this confused as to the timelines. The following is what I do know that I read in her file.

In the comp exam dated in 1980 it stated she had muscle spasms and pain on palpations which should have gotten her at least a 10% rating then. Thats how I got mine in 78 and those where the rules then.

What else can she submit to the AMC that will not effect her eed.

Currently, her MRI of her neck shows she has arthritis with spuring along with a slight impingment. I told her to continue to see someone and get her pain, numbness of her fingers and headaches documented. She is currently SC for headaches due to head trauma, which I think she should ask for a change in dx codes to 8100 and ask for 50% instead of the 10% she is currently recieving for headaches.

Any other advice on what type of evidence she should submit to the AMC.

Thanks for any help

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Ruby, if your friend is willing to do it, Post the Denial Letter and the exam here, Reminding to remove any pertinent info such as name and SSN.

I am sure the Hadit faithful can advide your friend on what avenue to take.

J

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You can only file a cue claim on a final decision. If the VA had service medical records and they did not use them or even refer to them it their initial decision then that might very well be a CUE. Service medical records usually provide the nexus to a service connected injury. To ignore these records is screwy unless the VA's motive was to just deny the claim and let the vet figure it out later. This sounds similar to many claims made in the early years after the Vietnam war. Very poor and inadequate decisions that were just stamped "denied" and to hell with the vet. It is the responsibility of the VA to get the SMR's. There is no excuse for them to not have gotten and reviewed those records.

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Thanks for the replies, I have been sick and I don't see this person that often but I have read the claim and denials it is truly amazing how they denied those claims.

Hopefully, they will be granted now.

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