Got Soc On Cue

[Mr cue]

in 93 i was rated under code 5322 which is for musle loss due to gunshot . i have no gun shot i have problem with my neck c7 c6. i check on enlistment i broke elbow when 12yr old i was 22 when i had the fall and injury. had ex ray show bone chip on elbow. after fall told i had problem before army. so for years could not get and increase because i did not have a scar or wound this on all my deined. i had 10% and could not work due to this va own words on soc.2004 they change rated in code to 5293 which was is my condition and give 60%and iu. put in cue for been rated under wrong code and for elbow presumtion of soundness. on soc it say rater could have perhaps used code 5290.is that not say that it was a cue well now it at the board . i was told it just got certify what does this mean. and is it true that big retro claims go to board .

[Pete53]

Not necessarily but maybe. Sometimes just have to wait and see what they say

[Mr cue]

how can u rated me under a code that i could not increase because i did not meet any of the spymtom.and change it 10 yrs later. and that not acue or and early effective date.

[Rockhound]

I hope your CUE was for the mistaken diagnostic code. Then again, I would look at your old diagnostic code and see if their was a DC that more likely fit your condition 10 yrs ago. The standards for DC's have change in some areas and some did not exsist back then and it is the DC and evidenc, Rules, Regulations, and Laws that were in effect ten years ago and not anything you find now, ten years later.

Was there a DC that fit your condition to a " T " back then? That would be what you need to show CUE for the DC error and that because of this error it would have manifestly change the outcome of your claim. You can"t use todays evidence on a CUE issue that happened ten years ago, except maybe just to show how you found the error in the first place.

Would like to post more in this discussion but I have to get ready for a C&P exam and my Meds have me moving in slow motion today, for some wiered reason I suppose.

Rockhound Rider B)

[jbasser]

§ 4.13 Effect of change of diagnosis.

The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted. The relevant principle enunciated in §4.125, entitled “Diagnosis of mental disorders,” should have careful attention in this connection. When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in thoroughness of the examination or in use of descriptive terms. This will not, of course, preclude the correction of erroneous ratings, nor will it preclude assignment of a rating in conformity with §4.7.

[john999]

Hire a lawyer before you make a mistake you can't fix. CUE is like shoveling smoke. I have one and the VA denied it even with my lawyer at the DRO. Now we go to BVA. The wording will kill you if you don't get it right.

[Mr cue]

this is what i am cue that in had no gunshot wound as indiated by 94 rating deision and that my neck condition cue in using a muscle dc code for gunshot wound and that i met the criteria of dc 5293 in 94.that i broke elbow when 12 yrs old and i was fit andsound to be aepted in mililtary services.and that my eblow was in the line of duty. a i had a lot of problem with elbow after fall all in servies record. but on med 200 discharge on history it say i had symotom before servies and i did not tell recuitor. but i had three differedorent exam bofore amry and recuitor exam which doc stated elbow healed quilfity for airbourne. had the fall hurt neck and elbow was given 10% for neck and not rated for elbow.

5

[john999]

The VA has every motivation to keep on denying your CUE. That is why I say hire a lawyer to jam it up their ^^%$. The lawyer will write a brief for you that unless you are a lawyer you won't understand, but the VA lawyers will get it.

[broncovet]

In my opinion it is True, from a practical standpoint, that "large retros go to the Board".

Think about it. You are a new rater, and here in front of you is a claim with a potential half million dollar payout..large retro. What are you going to do? Approve it, and watch you supervisor yell at you? No, you are going to do one of two things: Deny it or delay it. Never approve it, no matter how valid. It keeps going on down or up the line, in the same way, and wont be approved until the Board of Veterans Appeals approves it.

Its called, "Pass the Buck", please.

[Pete53]

I don't think the lower ranked do anything except try to get out from under complicated time consuming claims. Deny it and its someone else's baby.

When the Army was teaching me to repair radios as Field Radio Mechanic I can't tell you how many times I would hear if you can't fix a radio in the field and higher maintainence does you will hump the radio and your life expectancy will be less than a second Louie's.

I took out my soldering iorn and held it over radio and sai Well if I can't fix it I can fix it so no one else will either. Lot of laughing and some harsh looks by NCO's but guess what I did not Volunteer for Radio School either.

[sixthscents]

OK so from what I read you were rated 60% and granted TDIU. If so what are you filing for? Im sorry but your explanation is a bit - confusing.

[Mr cue]

i amc ue to getmy 60% back till 94 because they cue by rating me under a code that i could never increase due to the fact i have no gunshot wound look at code 5322 it all about that.

[carlie]

i was told it just got certify what does this mean.

and is it true that big retro claims go to board .

Certified means that your VARO has readied your claim and file to be transferred to the BVA.

There is no truth that "big retro claims go to the board".

The only claims that go to the "board", (BVA) are claims that a Form 9 has been

completed and submitted or a claim remanded back to BVA from the Court.

jmho,

carlie

[Philip Rogers]

yulooking - unfortunately, "for you, and many others," I won't respond to any of your, or their, requests as I am unable to decipher many of your posts. A simple proofreading and spellcheck could remedy this. While the terms used in text messaging may be the current trend w/today's youth, to me, it signifies extreme laziness. I'm old and unfortunately I like it!!! This is not meant as a personal attack on you but just my opinion. My bad!!! LOL jmo

i amc ue to getmy 60% back till 94 because they cue by rating me under a code that i could never increase due to the fact i have no gunshot wound look at code 5322 it all about that.

[WHOLESALE]

Why in the world are you so concerned about changing your diagnostic code that's 10 years old?

in 93 i was rated under code 5322 which is for musle loss due to gunshot . i have no gun shot i have problem with my neck c7 c6. i check on enlistment i broke elbow when 12yr old i was 22 when i had the fall and injury. had ex ray show bone chip on elbow. after fall told i had problem before army. so for years could not get and increase because i did not have a scar or wound this on all my deined. i had 10% and could not work due to this va own words on soc.2004 they change rated in code to 5293 which was is my condition and give 60%and iu. put in cue for been rated under wrong code and for elbow presumtion of soundness. on soc it say rater could have perhaps used code 5290.is that not say that it was a cue well now it at the board . i was told it just got certify what does this mean. and is it true that big retro claims go to board .

Edited June 20, 2009 by WHOLESALE (see edit history)

[WHOLESALE]

From reading your Profile your'e already 100% so why in the heck obsess about a diagnostic code error already 10 years in the making.

Jay

in 93 i was rated under code 5322 which is for musle loss due to gunshot . i have no gun shot i have problem with my neck c7 c6. i check on enlistment i broke elbow when 12yr old i was 22 when i had the fall and injury. had ex ray show bone chip on elbow. after fall told i had problem before army. so for years could not get and increase because i did not have a scar or wound this on all my deined. i had 10% and could not work due to this va own words on soc.2004 they change rated in code to 5293 which was is my condition and give 60%and iu. put in cue for been rated under wrong code and for elbow presumtion of soundness. on soc it say rater could have perhaps used code 5290.is that not say that it was a cue well now it at the board . i was told it just got certify what does this mean. and is it true that big retro claims go to board .

[Mr cue]

LISTEN I WAS GIVE 10% IN 93-2004 AND RATED UNDER 5322 WHICH IS FOR MUSCLE LOST DUE TO GUNSHOT FOR 10YR I COULDNOT INCREASE DUE TO THIS.2004 AFTER FIND HADIT THEY CHANGE CODE GAVE ME 100% SO I HAVE NOT WORK SINCE 93 ON SOC IT STATES I WAS NOT WORKING .AND I WAS GIVE 10% FOR 10 YR.NO PENSION OR ANY THING SO NOW DO U GET MY CUE

AND IF U CAN NOT UNDERSTAND WHAT I AM SAYING THAN 9 TIME OUT OF 10 I DONT WANT YOUR ADVICES ANY WAY. LOL

[kw34]

Its your spelling and grammar thats the problem and please remove the all caps it is very diffulcult to read? The people here know what they are talking about the helped me and you have professed the helped you. You have to help them to help you because they have issues as well. We are all volunteers and your attitude will only hurt your claim in the end because you said pre hadit you were 10% post hadit you are 100% and nothing in the VA world is cut and dry. With a little humilty you get all the help you need contiue like this you will get crickets.

[john999]

Yulooking

Don't get mad. Get a lawyer! People go nuts with CUE claims because the VA denies them and throws every monkey wrench into them they can find. If there are any defects in your CUE reasoning when you get to BVA they will throw it back to start over. This is why I say get a lawyer to go forward to get your retro. This is complicated legal crap. It is beyond what most can advise on a internet board. Everyone of these claims is unique. If you were accused of a felony would you go to court without a lawyer. It is almost the same with trying to win retro with a CUE. No matter how clear it may appeat to you it may not be so clear to a bunch of BVA judges.

[Chuck75]

I believe that the opinion is true for many "complex" cases, and also those that if awarded, result in an automatic 100%. Lower level raters have minimal problems in awarding 10 or 20%. Beyond that things get complecated and time consuming. I also believe that there are periods when raters are told that they need to award or deny to make the "numbers" come out "right".

I don't think the lower ranked do anything except try to get out from under complicated time consuming claims. Deny it and its someone else's baby.

When the Army was teaching me to repair radios as Field Radio Mechanic I can't tell you how many times I would hear if you can't fix a radio in the field and higher maintainence does you will hump the radio and your life expectancy will be less than a second Louie's.

I took out my soldering iorn and held it over radio and sai Well if I can't fix it I can fix it so no one else will either. Lot of laughing and some harsh looks by NCO's but guess what I did not Volunteer for Radio School either.