tdiu Va Proposed Decrease Due To Cue

[mags1023]

I have 2 issues on appeal since 2008 and an NOD/DRO review on my claim for headaches from last year, so what do I get in the mail yesterday? A letter from the VA stating that they made a CUE when they granted me Cervical Radiculopathy last year. It looks like they are saying it is basically the same thing as my Carpal Tunnel Syndrome! It says that it considers the Cervical Radiculopathy as pyramiding on my Carpal Tunnel. I think they are saying my symptoms are the same. This is redicilous! I have pain and numbness in my shoulders that radiate down my arms. I have neck pain and headaches from it. I don't think that would be caused by Carpal Tunnel.

I know I need to request a hearing, but can I send an NOD in at the same time disagreeing with their findings?? Some rating specialist probably got an end of year bonus for this by trying to cheat me out of 10%. It says my rating will decrease from 90% to 80%. I feel like Joe Fraizer after going 15 rounds with Muhammad Ali! They are beating me down. I want to keep working, because I know if I stop going to work and sit around all day, my depression is going to get worse and worse. But, I am thinking about filing for TDIU. Any thoughts are appreciated.

s/Mags1023

[jbasser]

They are to rate the nerves separate unless they rate a nerve group.

The CTS comes from c5 / c6 nerve root. IS it median or Ulnar?

You need an IMO immediatly to offset this bull they are trying to crap on you.

J

[scscrewed]

If they're CUEing their decision, then they're going off the c and p and medical evidence already existence. As such, the rater is interpreting something that isn't supposed to be interpreted as he is interpreted. Frankly, the carpal tunnel syndrome is caused by compression on the median nerve, and Cervical Radiculopathy --no matter if it is of the nerve roots where median nerve originates-- is distinctly different.

I don't think that the Rater is arguing this. I think the Rater is arguing that this pyramids which means the veteran needs to argue why it doesn't, as such an IMO wouldn't be necessarily beneficial, but swaying the VARO to the interpretation that the veteran deems accurate is. This is about rating law not medical opinion.

My two cents, may be countered by others, but I am adding it to spark the intellectuals and add to the discussion, perhaps something can come from it.

[mags1023]

Thanks J. I don't have the letter in front of me, but I believe they are saying both the CTS and Cerv Rad are due to median nerve compression. I have an appointment with my County Rep, but know you guys on hadit know more than him. I/we just have to spoonfeed them the info. Seems like you have to have a rep here when you working with Bay Pines, FL. What a joke this region is. I never thought I would miss the Houston region! I'll work on my Doc for an IMO.

[mags1023]

Thanks Scscrewed;

you're right, they are going off of the C&P examiners rationale and taking it as gospel completely ignoring all of the other exams I have had where I complain about the pain and numbness in my neck, shoulders, arms and my headaches. I would think the rater is out of line with this proposal, but I don't think (I know) there is no one supervising the help! It just causes us more pain and suffering.

[broncovet]

Wow. Cue is a "rare kind of error" and cant be based on a disagreement on how you were rated. Cue must be "undebatable", it must be based on the laws at the time, and it has to be an "outcome determanitive" error.

You need to request the hearing. You dont "NOD" a proposed reduction because a proposed reduction is not a final decision, and NOD's apply only to final decisions. You can dispute the proposed reduction and ask for a hearing.

Im not sure, have not read your file, but it sounds like their CUE probably wont stick. Veterans have a tough time making CUE's stick, and so should the VA.

[mags1023]

Thanks BroncoVet. That's what I am thinking also, but you know how the VA always makes things easier for themselves. Kind of like we have deadlines and they don't!