Help? Is This Grounds For Cue

[bucfan47]

I am currently a %50 service connected veteran with small fiber peripheral neurapathy in my hands awarded in 2010. I originally filed in 5/1999 honorably discharged in 12/1998. My original denial stated reasons as no evidence on record of being treated and no diagnosis, as well the C&P examiner diagnosed me with parethisia of the hands (subset of peripheral neurapathy) but stated that the etiology could not be found. I have documents in my records dated 4/98 - 10/98 that show treatment and also a provisional diagnosis of what I am currently connectd for. After recieving the denial I went to my local VA office for advice and was told I had no option for appeal as there was nothing in my records. I did not at the time have a copy of my records so ordered them but by the time I got them and found out I could appeal my time had lapsed. For years I got depressed and angry but my dad helped me through and encouraged me to try again and finnaly I was awarded but they only went back to 2009. Also I was awarded with the same information in my records that existed in 1999 just went through the Senator's office to get it done. Do I have a chance at CUE? Help is more than appreciated.

[cooter]

bucfan

Another way you may be able to file would be under 3.156C. If you recently found lost SMR that wasn't in the SMR when the decision was made, you may qualify.

[cooter]

Here is the link to 3.156. See paragraph C

http://ecfr.gpoacces...1.60.65&idno=38

[bucfan47]

So for what exactly did you file your claim in 1999? Originally it was for Paresthesia claimed as swolen and aching hands

What was the DC code they used for this disability?

I am confused when they said there was no diagnosis and then you state that the C & P gave you a diagnosis of parethisia. Can you explain? Here is the statement from the examiner report.

Here is the reason for denial:

The service medical records are negatite for treatment of swollen and aching hands. At the VA examination, the

veteran reported a history that his han4s do not sweat. This was noted as a complaint in September 1998, He also

reports that when the hands get warm fnd when he is active or using them a lot, they hurt and swell up. He reports

that at these times, he has difficulty removing his rings off He reports that the discomfort will be alleviated by

placing them in cool water. Nerve conduction studies in service were essentially normal. No chemical burns or

injuries are shown in the service medicM records. He reports no loss of function because of the discomfort.

Examination of the hands showed some mild dryness of the skin. There was no fissuring or cracking. The hands

did not appear to be swollen. No abnormal color was noted, and there was no blanching. the nails were normal.

Normal strength and sensations was present, and he could make a fist without any difficulty. No objective

evidence of pain on active range of motion of the hand including repeated fist opening and closing. Pinch grip,

finger abduction strength, etc., are all normal Sensation was intact to light touch.

C&P Examiner diagnosis.

DIAGNOSES: Paresthesias , h a nds . He denies having problems elsewhere

in the body and this seems to be heat related. I cannot document any

anhidrosis of the hands at this time. The etiology of his

paresthesias and reported mild swelling cannot be determined at this time.

[NSA-Saigon-ET]

So for what exactly did you file your claim in 1999? Originally it was for Paresthesia claimed as swolen and aching hands

What was the DC code they used for this disability?

I am confused when they said there was no diagnosis and then you state that the C & P gave you a diagnosis of parethisia. Can you explain? Here is the statement from the examiner report.

Here is the reason for denial:

The service medical records are negatite for treatment of swollen and aching hands. At the VA examination, the

veteran reported a history that his han4s do not sweat. This was noted as a complaint in September 1998, He also

reports that when the hands get warm fnd when he is active or using them a lot, they hurt and swell up. He reports

that at these times, he has difficulty removing his rings off He reports that the discomfort will be alleviated by

placing them in cool water. Nerve conduction studies in service were essentially normal. No chemical burns or

injuries are shown in the service medicM records. He reports no loss of function because of the discomfort.

Examination of the hands showed some mild dryness of the skin. There was no fissuring or cracking. The hands

did not appear to be swollen. No abnormal color was noted, and there was no blanching. the nails were normal.

Normal strength and sensations was present, and he could make a fist without any difficulty. No objective

evidence of pain on active range of motion of the hand including repeated fist opening and closing. Pinch grip,

finger abduction strength, etc., are all normal Sensation was intact to light touch.

C&P Examiner diagnosis.

DIAGNOSES: Paresthesias , h a nds . He denies having problems elsewhere

in the body and this seems to be heat related. I cannot document any

anhidrosis of the hands at this time. The etiology of his

paresthesias and reported mild swelling cannot be determined at this time.

I wanted to understand your disability so I copied this section from a medical web site which helps to explain the disability:

Small fiber peripheral neuropathy is a condition that affects the small sensory nerves, commonly in the arms, legs and feet. It generally occurs in people over the age of 60, according to the National Library of Medicine. Common symptoms include painful feet and unusual sensations such as pricks, pins and needles, tingling, and numbness. Symptoms can improve over time, especially if underlying causes are controlled, and medication may be prescribed to reduce any painful symptoms.

Diabetes

According to the Mayo Clinic, half of all people with diabetes will develop some type of neuropathy. High blood sugars, or poor blood sugar control associated with diabetes can cause nerve damage over time. Nerve damage is the sole reason for developing the symptoms associated with small fiber peripheral neuropathy.

Ok, so I know what you are talking about now and can comment on the original denial.

You filed a claim for swolen and aching hands. Then they tested you for nerve damage and other symptoms of peripheral neuropathy and their results were normal at that time. So they denied the claim.

Then the examiner made a diagnosis and also covered his butt by saying that: The etiology of hisparesthesias and reported mild swelling cannot be determined at this time.

At this point I don't see any grounds for CUE, but that is just my opinion. More experienced vets may comment further or you might want to add more evidence not seen here.