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Administrative Review


nanaeris

Question

Hello everyone, I contacted my congressman last month because the Waco Tx, Regional Office refused to answer my question why the used dc 5260, limitation of flexion, to rate my bilateral knee condition when the doctors clearly stated under diagnostic code 5261, limitation of extension, extension was limited to 20 degrees which would give me a 30 percent rating for each knee. I looked in ebenefits today, it stated my claim was in administrative review and to not contact the 1800 number until I get a decision in the mail. My ebenefit account has not been updated since 2008 when I filed an appeal. I have been waiting all this time for a bva hearing, I even asked for a Regional Office hearing last year and have not gotten one. My question is since they stated on ebenefit not to call the 1800 number until I get the decision in the mail. I should be getting a decision soon. I cannot see how this can be denied since the doctor clearly stated limition of extension is limited to 20 degrees. Any thoughts about what I should be expecting. I know the VA can come up with some off the wall explaination, but I think I am ready for anything when dealing with the VA.

I know many people on this site are going through the same thing so hang in their.

Nanaeris.

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  • HadIt.com Elder

Ask the VA to CUE themselves. Since the mistake is obvious maybe they will call CUE on themselves. You can't file a CUE claim on your own behalf because you claim is not final.

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Read my post-the VA cued themselves, and that is how I finally got to 70%. I had to gently steer the VA in the right direct with the correct evidence.

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  • HadIt.com Elder

Pete

Yeah, I know these VARO's fight the CUE concept. Asking the VA to CUE themselves is a techique Berta talked about to try and speed up correction of errors that are clear cut in a decision. I won a CUE when I got "S" but I never asked for a CUE. I just asked that the VA grant "S" and retro due to Bradley v Peake. The VA called the CUE.

I am in year 6 on the CUE I filed where VA just excluded my doctor's opinion and all positive evidence. Pretty obvious mistake but they don't think so.

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