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Is This A Cue


ddiaz792310

Question

Hi. I'm new and I need some help. I filed a claim for Fatty Liver Disease in 2010. Back in 1998 I had a full work up while in the Army: CT/MRI, biopsy and ultrasound. The work up determined that I had fatty liver. I retired last year, May 28 2011, my last blood test showed I still had the condition. When I got my rating back on 08/15/12 my claim for fatty liver was denied.

The findings said:

- the evidence does not show a current diagnosed disability

- the evidence does not show an event, disese or injury in service

- we did not find a link between fatty liver, also claimed as liver condition, and military service

People with fatty liver can develop advanced scarring, or cirrhosis, and are at higher risk for liver cancer and liver failure.

This link is from the VA web site

http://www.research....fatty-liver.cfm

Edited by ddiaz792310 (see edit history)
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  • HadIt.com Elder

You stated that you were denied on 8/15/12, so you are in the appeal time frame.

I'd NOD rather than CUE at this point, citing (and including) the 1998 Army records, and current medical records,

preferably showing continuity with the 98 records. It might be that that the retirement physical shortchanged you.

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  • HadIt.com Elder

Make sure you have the following.

Get a Doctor to look at the record from the first test in service and compare it to todays test.

NOD the decision and ask them to recondsider.

They do this just to anger you so an IMO shoved down their throats with facts is what takes precedence as their C and P or VBA pocket Doctor didnt get it right so you need to balance the scale with another one in your favor.

J

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  • Moderator

File a "Notice of Disagreement" not a CUE. CUE is when you dont file a NOD on time.

A NOD goes something like this format:

Notice of Disagreement

I disagree with the RO decision dated 8/15/12 and elect a DRO Review (or hearing, whichever you prefer) on the following issues:

1. I disagree that the evidence does not show a current disabiliity. I was diagnosed with the disease on May, 28, 2011 by VA physician, Dr. Doolittle.

2. Dr. Doolittle, at that time, stated that my diseases was "at least as likely as not" due to military service.

3. I also disagree that conditions x, y, and z were not adjuticated.

Signed

Ima Veteran Oct. 17 2012

Look over your medical records and make sure you agree with all of the above. Send a copy of the medical record, along with the docs findings.

If the doc did not say something very similar, then you need to get an IMO/IME, if you want to get your benefits.

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