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

[mags1023]

I am preparing for my hearing on July 11 and while going through my C file I just found a report from a QTC examination I went to in 2007! Under neurological, it states:

"There is the ulnar nerve bilaterally nerve involvement revealing findings of neuritis. There is motor dysfunction with findings of reduced grip strength @ 4/5 bilaterally motor power is 4/5. There is sensory dysfunction with findings of decreased tactic sensation bilateral hands.

Neurological examination of the upper extremities: Motor function is abnormal. Sensory function is abnormal with findings of decreased pinprick. The right upper extremity reflexes reveal biceps jerk 2+ and triceps jerk 2+. The left upper extremity reflexes reveal biceps jerk 2+ and triceps jerk 2+."

The bastards never told me I had Neuropathy! I know a couple of you recommended I look at filing for neuropathy. It appears that this report would make it a slam dunk. Also, do any of you know if this will help in fighting their CUE against me for pyramiding with my carpal tunnel and cervical radiculopathy? This indicates I also have Ulnar nerve problems not just median nerve.

Thanks, Mags

[john999]

There is a milestone case that deals with the VA changing evidence to suit themselves. It is Cushman vs Shinseki. The federal court said it was a due process violation. The VA cannot alter a exam doctor's notes. They are what they are. They cannot alter your doctor's report or exclude it either. You can go to CAVC and look up Cushman. The VA altered this vet's TDIU exam notes.

[mags1023]

Thanks John. Will do!

[mags1023]

Now I found a C&P exam where the examiner blatantly changed or left out information. It was for my lumbar spine and the Radiologist impression stated : 1. Mild lumbar spondylosis 2. Facet Joint arthrosis. The examiner wrote: Mild spondylosis. These people are criminals! She made sure to leave out the word LUMBAR. She was so screwed up she put that it was my cervial spine. Can I CUE this???

[carlie]

Now I found a C&P exam where the examiner blatantly changed or left out information. It was for my lumbar spine and the Radiologist impression stated : 1. Mild lumbar spondylosis 2. Facet Joint arthrosis. The examiner wrote: Mild spondylosis. These people are criminals! She made sure to leave out the word LUMBAR. She was so screwed up she put that it was my cervial spine. Can I CUE this???

The above is not a rating decision so it is not applicable for a CUE.

Was there a rating decision that addressed this C&P ?

If yes - what was the issue and what was the decision?

[mags1023]

Hi Carlie, yes there was a rating decision involved with this C&P and it was a denial for service connection of my thoracolumbar spine in 2006. I was initially denied for lumbar spine condition in 99 (first attempt). I did not know the VA system and they rated me at 20 percent for cervical spine DDD/limited ROM. I didn't NOD the decision because I didn't know how to. I was in a car accident in 92 while in the navy. I found new evidence after ordering my service medical records showing whiplash and upper back trauma and a couple of follow up visits to sick call. I was even excused from my physical readiness test because of whiplash and back pain. I submitted another claim in 2006 and was denied again. I then put in a NOD and eventually appealed it in 2007. I am waiting for my BVA hearing. St. Pete sent me a letter a couple of months ago stating my record was being transfered to BVA for my appeals (Thoracolumbar spine, MDD, & headaches secondary to cervical spine). I moved from Houston VARO to St. Pete VARO in 2008, so it has taken a lot longer to get to BVA. Thanks, Mags