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.

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