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Cue Claim Bilateral Pes Cavus

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fullcount15

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I have a question in reference to filing a CUE claim.

In November 1984 I was granted a 50% rating for pes cavus of the left and right foot with arthritis. In December 2005 I filed to apply the bilateral factor of the aforementioned conditions based on the presence of a compensable degree of disability in both lower extremities. In July 2006 I was granted the bilateral factor, but only with the effective date of December 2005. My allegation is that the bilateral factor should have been applied by the RO when my original rating was awarded in November 1984.

Due I have grounds to file a CUE claim?

I have spoken with my VSO at American Legion and she has a no idea what a CUE claim is or what to do.

Any assistance or guidance would be greatly appreciated.

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There is considerable info on CUE claims in our CUE forum.

"My allegation is that the bilateral factor should have been applied by the RO when my original rating was awarded in November 1984."

"the presence of a compensable degree of disability in both lower extremities."

Since that warranted the bilateral factor in the Dec 2005 award, was this medical evidence in VA's possession when they made the past award?

If so and if they used the wrong diagnostic code and/or failed to use the bilateral factor in 1984 ,then there could be a CUE basis.

CUEs depend on legal errors. The medical evidence must be established already.

When VA decides on Diagnostic codes and ratings and errs in them to the veteran's detriment -compensation-wise-they are legal errors.

Our CUE forum has some beauties of successful CUE claims awarded by the BVA.

I have 2 pending CUEs. One for failure to rate my husband's AO IHD and one for denial of SMC consideration.

All of my evidence was legal evidence to support these CUE claims as his entitlement to a IHD rating as well as SMC consideration had been established by the medical record.The lack of the proper coding and SMC consideration were CUEs,in my opinion based on what I interpret as basis for CUE.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I have a question in reference to filing a CUE claim.

In November 1984 I was granted a 50% rating for pes cavus of the left and right foot with arthritis. In December 2005 I filed to apply the bilateral factor of the aforementioned conditions based on the presence of a compensable degree of disability in both lower extremities. In July 2006 I was granted the bilateral factor, but only with the effective date of December 2005. My allegation is that the bilateral factor should have been applied by the RO when my original rating was awarded in November 1984.

Due I have grounds to file a CUE claim?

I have spoken with my VSO at American Legion and she has a no idea what a CUE claim is or what to do.

Any assistance or guidance would be greatly appreciated.

full,

I highly doubt the criteria here is met for a claim of cue.

Here's how you find out.

1) Look over (read it several times) the 1984 rating decision that granted SC at 50%

Study the reason/s they granted at 50%.

2) Now look over (read it several times) your Dec 2005 submission for the "bilateral factor". Does it state ANYTHING that was

or did you submit any documentation/medical evidence, that was not considered in the evidence, of the 1984 rating decision ?

3) Look over the July 2006 rating decision that granted the "bilateral factor" (read it several times) and concentrate on exactly

WHY the "bilateral factor" was granted - what specific medical evidence was factored into the adjudication to warrant the

"bilateral factor" being granted.

I feel pretty sure that this will not be strictly ONLY medical evidence that was available when the rating decision was made in 1984.

4) Now read over the July 2006 portion of the rating decision that granted the effective date of Dec 2005.

I have a feeling that it will state something to the effect of this is the date you filed for an increase.

If the July 2006 increase is based on (supported by) any evidence that was came about subsequent to the

1984 rating decision - then you absolutely DO NOT have a valid claim for cue.

Next option:

Check to see if there is medical evidence dating back to within 12 months of when you submitted your

Dec 2005 claim for increase - you might POSSIBLY have something there that would support a little bit

of an earlier effective date - under a specific 38 CFR reg.

JMHO

Carlie passed away in November 2015 she is missed.

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