i post a number of times on my cue of a 93 claim so here it is in a nut shell i was granted 10% for musle strain of the left neck and denied for my elbow because i check that i broke when 12 on entry exam. and on my med 200 board exam i was to have gave a history of the problem i had and that i did not tell recruiter about problems. x ray 93 show bone chip on elbow.i had three different exam all stated elbow healed even recruiter exam doc check my elbow and stated healed. but there is no talk of these exam and they are part of th record. when they deined me they use statement i was to have say to denied.here it is. you gave a history of fracture of the left elbow at age 12 you reported intermittent symptoms of pain and tingling sensation prior to service. you reported you did not talk to recruiter about the problems you reported persistent symptoms in the same distribution. here the cue cfr3.304 states the statement of a veteran relating to the origin or incurrence of a desease or injury made in services against their own interest is of no force and effect if other data do not establish the fact.here is the other they rated my neck under 5322 here is the criteria through-and-through or deep penetrating wound of relatively short track by a single bullet or small shell or shrapnel wereto be at least moderate degree. i have no gunshot wound so when i to increase i was denied because i had no wound.2000 i found hadit and i was granted 60% and iu 2001-2004. so 94-2001 i was 10% rated wrong under 5322 they change it to 5293 2001. and elbow still not rated. on my soc the 94 comp exam stated you were not working because of these problems. so they gave me 10% and no pension or anything. is that a cue.
soc the presumption of soundness was conceded as you were granted sevice connection for your neck.but the objetive evidence didnot show a premanent aggravation for your elbow.
in 94 you were rated as a muslce strain left neck under code 5322 this was indicative of a moderate level of muscle disabilty with slight limitation of motion of the cervical spine. the rater could have prehaps used code 5290 which would have been for slight limition of motion as you would have still had only a 10% evaluation. so did they just say that there was a better rating code that should have been used is this the cue.
i will fight on because i believe i was rated wrong and denied on statement i was to have say.i even have a bva case were the same thing was done docket no 98-00-006 check it out.
so i believe i was send to bva because there is alot of wrong on my94 decision and a lot of retro.
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Mr cue
i post a number of times on my cue of a 93 claim so here it is in a nut shell i was granted 10% for musle strain of the left neck and denied for my elbow because i check that i broke when 12 on entry exam. and on my med 200 board exam i was to have gave a history of the problem i had and that i did not tell recruiter about problems. x ray 93 show bone chip on elbow.i had three different exam all stated elbow healed even recruiter exam doc check my elbow and stated healed. but there is no talk of these exam and they are part of th record. when they deined me they use statement i was to have say to denied.here it is. you gave a history of fracture of the left elbow at age 12 you reported intermittent symptoms of pain and tingling sensation prior to service. you reported you did not talk to recruiter about the problems you reported persistent symptoms in the same distribution. here the cue cfr3.304 states the statement of a veteran relating to the origin or incurrence of a desease or injury made in services against their own interest is of no force and effect if other data do not establish the fact.here is the other they rated my neck under 5322 here is the criteria through-and-through or deep penetrating wound of relatively short track by a single bullet or small shell or shrapnel wereto be at least moderate degree. i have no gunshot wound so when i to increase i was denied because i had no wound.2000 i found hadit and i was granted 60% and iu 2001-2004. so 94-2001 i was 10% rated wrong under 5322 they change it to 5293 2001. and elbow still not rated. on my soc the 94 comp exam stated you were not working because of these problems. so they gave me 10% and no pension or anything. is that a cue.
soc the presumption of soundness was conceded as you were granted sevice connection for your neck.but the objetive evidence didnot show a premanent aggravation for your elbow.
in 94 you were rated as a muslce strain left neck under code 5322 this was indicative of a moderate level of muscle disabilty with slight limitation of motion of the cervical spine. the rater could have prehaps used code 5290 which would have been for slight limition of motion as you would have still had only a 10% evaluation. so did they just say that there was a better rating code that should have been used is this the cue.
i will fight on because i believe i was rated wrong and denied on statement i was to have say.i even have a bva case were the same thing was done docket no 98-00-006 check it out.
so i believe i was send to bva because there is alot of wrong on my94 decision and a lot of retro.
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