Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Michellee

Cue Or Not To Cue

Question

If anyone see's Berta please send her my way. I know she will direct me in the right direction. Well here is the deal. I was medically boarded off of active duty for an accident that was well documented actually I was even transfered not quit cleared and sent to the VA for evaluation and treatment. Within my presumptive period after the medical board/disharge I filed numerous claims all at once for numerous symptoms/injuries. Most was given o% or denied and few were given very low percentages like for my foot/hip/uterus/pelvic etc. That was then back in 98. The thing that bothers me to this day is that I think a mistake was really made on the neck and back claim. Today I have pretty good ratings for my lower/back/sciatica etc and was eventually service connected. My neck progressively has gotten worse and worse and still not service connected. The rating the decision they gave me right after the accident for my neck makes no sense. They didn't even do a MRI back then even though I begged. As a result today my MRI's have shown I have spinal cord injury from the cervical area and all sorts of spurs from previous fractures in the neck area. I have stenosis, Ankylosing spondylitis of the cervical spine, myelopathy of the cervical spine, bulging disk etc. So when I filed for neck and back pain I was trying to call their attention to address my injury to my neck and they denied it. Here is what the rating decision in 98 stated for my neck during the presumptive period (after falling in a 15 foot hole which they had the accident report evidence).

The law provides that a person who submits a claim for VA benefits must submit evidence sufficent to justify a belief that the claim is well grounded. A well grounded claim is plausible claim, one which has merit on its own or is capable of substantiation. Such a claim need not be conclusive, but it must be accompanied by evidence which shows that claimed condition exist and is possibly related to service.

Compensation is payable for a disease or injury which causes a disabling physical or mental limitation. The evidence regarding neck and back pains fails to show a disability for which compensation be be established. It is therefore not a well grounded claim which can be resolved. In order to establish a well grounded claim, it is necessary to provide evidence which demonstrates an actually disabling condition. (this is the part that makes me wonder whose records were they looking at) Services records contain no evidence of an injury to the neck or back and no indication of a chronic disease process relative to neck or back. Xrays of the cervical and lumbusacral spine on Va examination were normal.

Now they did not assist me in addressing my symptons. Today they have changed their tune about my back (lower) and of course I lost the initial dates. I just accepted it. Back then I really didn't know much about claims or the Va and would have have believed if they told me the sky was purple. The thing is through out the years since the initial claim I kept complaining and seeking answers about my cervical neck pain and finally about 2006 they started doing MRI's and other tools to look at it. That's when I started pulling my records and finding all the results of the MRI and progression of my back and neck injury. I didnt even think to pull records until another veteran taught me the process. I just didn't know. I always played by the rules and I thought they did. I am still suffering today. I finally after my doctor told me blantantly that this injury to my neck was a direct result of the accident because of how young I am and how the MRI's look. Today I do recieved treatment for my neck but it was never service connected no matter what my doctor told me. I had to make a decision and so not really understanding about CUE's I thought it may be best to just reopen my claim from 1998 for my neck pain (cervical) and file for all the newly diagnose cervical results from my doc and MRI. After reading so much on Hadit and another Vet site I am wondering If I really did the right thing. Did I just let them off the hook. I have read multiple post on this site about what makes a claim, Browskoski test etc., and I am wondering I made the right move. It appears that I didn't I keep asking should I have Cued or Not. They were well aware of my accident during the first claim and had the accident report so it was well grounded. Sure it may not have been conclusive because there was no official diagnoses made but I was seeking medical answers and care based on my symptoms to which I kept being told maybe I pulled a muscle in my neck. They had the after action report from my commander which showed evidence, they had my medical out paperwork where I checked the box for back and neck pain. Sure the pain then wasn't as bad as it is now but it did cause me pain and spasm that I expressed to them in my claim as neck and back pain. I didn't know then how to write it up any different than that and they didnt bother to C & P all they did was an xray which they claim was normal. Funny thing is couple of years later I continue to complain and the next set of xrays shows spurs and other things in the same area. Obviously, the pain that I was feeling then in my neck and back during the presumptive period was the injury that I am still suffering from and proven by recent MRI's today. I would like to hear various takes on this. Cue or not to Cue?

Edited by Michellee

Share this post


Link to post
Share on other sites

Recommended Posts

If they have now SC'd it and rated it I would file a CUE for an EED. In my opinion, all you needed to be well grounded was the accident report and neck pain. Go get 'em!!!

pr

Share this post


Link to post
Share on other sites

Ad

I agree with Philip but would add this to what he stated:

. "In my opinion, all you needed to be well grounded was the accident report and neck pain. Go get 'em!!!"

and documented evidence of the neck injury at a ratable level.

Standing alone, 'neck pain' might not have been specific enough for the VA to consider

"by evidence which shows that claimed condition exist and is possibly related to service."

If this was secondary to the back injury that too had to be spelled out to them.

There is much CUE info here at hadit.

Share this post


Link to post
Share on other sites

Michellee- can you scan and attach the 1998 decision here ? (cover personal stuff first)

Share this post


Link to post
Share on other sites

Michellee - I agree w/Berta. Please post the '98' decision, as it'll give us more info to better direct you. Also, what kinda accident was it?

pr

Share this post


Link to post
Share on other sites

post-7057-0-97633500-1301009123_thumb.jp, post-7057-0-38258200-1301009211_thumb.jp

Thanks guys. Here it is. Phillip my fall was into a 15 ft hole ( that was what I was told and in letter from my commander). Myself and another soldier that I was supervising during the Gulf war we were moving supplies and handling mail. As we were carrying several big boxes there was a hole in the soil that had dirt over it and none of us ever realized it was there. As we walking together with mail bag and boxes as we stepped we just fell through the ground into the hole with the boxes. We were down in the hole for a while with the boxes. It was just so unexpected. The other soldier was unconscious for about 10 min. I'm not sure what I was. Things were hazy after that and lots of confusion. I was told later that some of the boxes had division coins in them. I really don't know why the hole was there or how it got there. Neither did our First Sergeant and Commander. I remember as I was in the hospital the commander stating how pissed off he was at a few people for not checking and ensuring safety. As of the date of my medical board and no one ever took responsibility for it, many claim they had no idea. My commander was the greatest. Older guy from Kansas I will never forget him. He personally, would come up to the hospital. He yelled at doctors when they misdiagnosed me. He brought flowers from the company. He signed my cast. My First Seargeant was very supportive as well and they both wrote persoal letters for me and the other soldier. A lot of my complications didnt show until later or years after the fall. I have multiple injuries left from it and much anxiety with heights, people, sleeping, nightmares of being buried alive, etc. So that's that. Now I am trying to get a more accurate rating for my complications and injuries since I feel I understand the VA much better today to help myself and participate in my medical care. Thanks for all your help. I have trully gotten to where I have from multiple post and guidance from all of you on this site. I wouldn't even be where I am now. My MRI's over the last 4 years have shown much traumatic spinal cord injury, the local VAMC tried to assign me to the local spinal cord clinic and move me from my PCP but I opted to stay. He really works hard to assist me and I have been working with him for a while and is very comfortable with my PCP. Just couldn't entertain the idea of new doc. I have been in wheelchair since 2004 and have moderate foot drop and sciatica to say the few as well as now 1.5 inch shorter lower limb which I didnt have prior to the accident. So I am now playing catch up my neck doesn't turn to the left but maybe 10 degree and to the right 45 degrees. I was diagnose as having myelopathy from the spinal SCI from local VAMC in 2009. I got TDIU in 2008. I just filed a claim for revaluation/reopen of neck claim which I filed as neck pain when it is alot more complicated than that. But that was the only way I knew to readdress and get them to look at what I have been suffering from since 98. I been asking for help for the past 13 years. I didn't know what to claim or knew anything back then nor the correct terminology and was to caught up in trying to manage my health, pain, family. I have had problems with bowel/bladder for years first it started with constant UTI's and now barely have any bladder control left. Wont get into the bowel thing. They use to tell me it was because I had children and caused my bladder weakness. In 2008 I was told it was more than likely from my cord injury. So you see I am swimming backwards. But it is ok. I just want to make sure I get these things accurately rated, evaluated and treated. I am not worried about filing claims as I am TDIU and not under the 20 year rule. Fine with me. I know the risk and not at all worried because I need to make sure these complications from the fall is accurately service connected so if somethings happens to me my spouse and family won't be told well she wasn't service connected for that. I had something to happen once can't remember how it came up at the moment but I did have that thrown in my face by someone is prosthetic when I was going from wheel chair to power chair. So I got to make things right. I have all my MRI's, CT, to back me up now not just an xray. Well I think I need to pull my claim back and file a CUE so tha'ts why I am asking you all for your opinion. Thank you so much Berta.

Edited by Michellee

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines