Cue Advice

[shotkawla]

When I filed for VA disability 8/1996 I was only rated for one condition, pulmonary vascular disease with a 60% rating. Fast forwarding 2011 – I submitted a claim and was granted 40% bilateral disability for VA code 7121. Here’s my question: Why wouldn’t VA rate me back in 1996 for VA code 7121 when it was in the clearly stated in my PEB decision from the navy. However, they rated me for it in 2011. I think the VA failed to properly adjudicate my disability back given the medical documents and PEB decision. Does this falls in the line of a CUE? Below is a synopsis of the Navy’s and VA’s decision.

NAVY

Category I: All Unfitting Conditions:

Diagnosis and ICD9 Date VA Code/Percent

Chronic Recurrent Pulmonary Embolization, 4151 05/28/1996 7199-6603 10%

Chronic Recurrent Deep Venous Thrombosis, 4538 05/28/1996 7121 30%

Category II: Those conditions that are contributing to the unfitting condition (s):

• Hypercoagulable state, not further defined because of the patient being on anticoagulant, 2898
• Tricuspid Regurgitation, 3970
• Mild Chronic Leg Edema, 7823
• S/P Pulmonary Thrombectomy, 74749
• S/P Greenfield filter placement into the inferior vena cava, 433

VA DISABILITY AWARD

DATE FILED DATE AWARDED VA CODE PERCENT

8/1996 11/27/1996 6817 60%

8/2011 04/18/2013 7121 40% Bilateral legs

[jbasser]

I would have to see the original claim. If it was never adjudicated, you still have an open claim.

J

[shotkawla]

Attached is the original claim I filed and the the original decision letter from VA.

Edited January 4, 2015 by shotkawla

[jbasser]

Hey HT2. When was the last time you had an Echo cardiogram? IF you did have one do you have the results.

Basser.

[shotkawla]

Hey HT2. When was the last time you had an Echo cardiogram? IF you did have one do you have the results.

Basser.

I think it was in 1997 after establising myself into the VA system. I believe it was normal (hope so, I've live this long).

[jbasser]

You may want to have it checked again. SInce it has been so long, The VA should monitor your heart, especially the right side. Do you still get shortness of breath?

J

[shotkawla]

You may want to have it checked again. SInce it has been so long, The VA should monitor your heart, especially the right side. Do you still get shortness of breath?

J

My breathing has been good compared to before the surgery. I don't have any complication with breathing anymore.