Jump to content
  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
Guest Dorothy Kansas

Cue Original Claim

Question

Guest Dorothy Kansas

This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

Share this post


Link to post
Share on other sites

Recommended Posts

Guest Dorothy Kansas
Dorthy:

Since you say you did not get a discharge physical, your first step would be to get this corrected and any injuries you sustained in the service documented.

My father didn't have a discharge physical and had a heart attack shortly after his discharge.  he was a coureer Marine and was treated at a military hopital for his heart attack. All done post discharge, which was later attributed to services failure to do the physical and due to his age, and electrocardiogram.

So first, I would take things up with the brach of service you belonged to and appeal your discharge for failure to give you a discharge physical.

If you were treated for these things in the service,  then their sould be some records in your service medical records or something that may indicate that these injuries had occured in service.

You can then take those records and may have sufficient grounds to appeal their decision.

Jim S.

<{POST_SNAPBACK}>

thank you for responding Jim-- I believe I signed a waiver to the post discharge physical. I was in a hurry to get out. I was scheduled to reenlist but I changed my mind. My records clearly demonstrate these injuries occured in service. They just gave more lattitude to the C&P examiner opinion. They never discussed the presumption of soundness rule. This where I feel I can win since I never appealed the issue and a SOC was never given in regards to these issue

Edited by Dorthy Kansas

Share this post


Link to post
Share on other sites

Ad

Guest Jim S.

Dorthy: even if you show they didn't consider the presumption of soundness, you will also have to show your condition is to a digree had they not made the mistake, you have a dissability.

An IMO from a Orthopedist and a foot Dr. will most likely be needed to counter the C&P Examiner's findings.

You can get the C&P exams here on this new sight and gives them to the IMO DR's for them to follow.

Even though they do not have to specify each and every point in why they disallowed your claim, they can not make an arbitrary and all inclusive statement, they must at least spicify what is needed to prove your claim prior to any decision. Otherwise, the claim may still be considered open for failure to properly assist you in proving your claim and if they decided, they failed to give proper reason and basis for their decision

Share this post


Link to post
Share on other sites
This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

<{POST_SNAPBACK}>

It sounds like they did not find your service medical records. The same thing happened to me initially. My SO told me that it was my responsiblity to find the records or any treatment records from private doctors I saw during the military.

What is most important is what the exact diagnosis and treatments were. The fact that you were treated for a condition in the military does not service connect all subsequent knee conditions. Unless you establish a valid claim based on medical principals filing a CUE will not in and of itself win your claim. The medical evidence must be developed. My opinion

Hoppy

100% for Angioedema with secondary complications

Share this post


Link to post
Share on other sites
This has been read 68 times maybe I didn't explain it right.

I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.

<{POST_SNAPBACK}>

Presumtion of soundness except defects and infirmities noted on enlistment does apply B) . It did in my cases so far? You may have to go to them with hat in hand "only to teach them to read" they cant read with understanding, they prejudge and inject biases, they are short handed, short fused and short....never mind that!!

Arch

Share this post


Link to post
Share on other sites
Guest Fla_viking

Dorthy.

Any medical treatment with in one year of discharge and is linked to your disablity which you are now seeking. Is concidered Service connected.

You do not need SMR if you have after service care within the year.

Terry Higgins

Presumtion of soundness except defects and infirmities noted on enlistment does apply B) . It did in my cases so far? You may have to go to them with hat in hand "only to teach them to read" they cant read with understanding, they prejudge and inject biases, they are short handed, short fused and short....never mind that!!

Arch

<{POST_SNAPBACK}>

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 28 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 28 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines