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Cue Medical Evidents

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RDT

Question

I had a decision on a claim that went back to 2000.

The VA based there decision on 2 C&P from 2009 & 2010.

The medical records match from the year 2000 (LVL @ 48%) and the year 2011 (LVL @ 50%)

Should not there decision be based on the medical evidents in the year 2000 if they are making an award from the claim.

They awarded 100% based on the current year 2011 and only 10% for the retro year 2000. Seem wrong to me

Is there any reference on when they apply the evidents and would this be a CUE claim

Any help would be great

Thanks

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Hi RDT,

Would like to help you but you haven't posted much for anyone to really understand.

Could you be a little more specific ?

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I have attached the VA decision for review.

I would think that if you file a claim, it would be based on the medical evidents for that year. Nehmir Case.

Any help on how to proceed would be great.

I just think that the 48 % LVL in 2000,documented in there decision should rate 60% and not 10% . They based the 10% on a C&P from 2009 for the lease to pay out retro.

Thanks

Ray

Hadit.pdf

Hadit1.pdf

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  • HadIt.com Elder

Nod that decision right now. The Ejection fraction of 48 is a 60 percent issue as stated in the title 38 part 4.

That is what I call a lowball. You cannot cue it until you wait 1 year for the decision to be final.

Explain the regs to them very clearly and you will have no problem.

J

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I have attached the VA decision for review.

I would think that if you file a claim, it would be based on the medical evidents for that year. Nehmir Case.

Any help on how to proceed would be great.

I just think that the 48 % LVL in 2000,documented in there decision should rate 60% and not 10% . They based the 10% on a C&P from 2009 for the lease to pay out retro.

Thanks

Ray

Hi RDT,,

From what I read it looks to me like you received a fair decision. Your METS level was just too high for you to receive more than a 10% rating. I had a 7.6 METS level and I was given the same thing, but they retroed it back to 2003.

I am no expert on this but there is an organization called NVLSP and they would take a look at your claim if you contact them and fill out their questionaire. They are good folks and very high powered lawyers. Maybe ask Berta or Carlie on this. I believe they do pro bono work for us vets (free of charge) so check them out.

Good Luck!

NSA-Saigon-ET

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This is not a CUE scenario.

RDT-did you contact NVLSP when you filed this claim as suggested in our AO forum?

The decision might be correct but I suggest whether you had contact with them yet or not- contact NVLSP at their AO addy and ask them if they would review the decision.

agentorange@nvlsp.org

Yes-these are pro bono lawyers and they won the Beverly Nehmer AO court case.

You have a Footnote one Nehmer claim.

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