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I Know This Is A Cue


mos1833
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Question

its clear that board or va made its on medical opinion by saying that my back could not be service connected.for a defect.

and said it was the law,

they claimed the xrays showed a defect,if you read the xray report,you'll see their interpretation is

not supported by a clear reading..

even though there was no doctors opinion given at the time, it had to be their on medical opinion.

when i read the report i say that there was no defect showned

an anomaly is not a defect,nor is osteoarthritis.

one of the links below is the xray document, and one is how the board or the va made it on opinion.

1985 did not say defect.txt

Edited by mos1833
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its clear that board or va made its on medical opinion by saying that my back could not be service connected.for a defect.

and said it was the law,

they claimed the xrays showed a defect,if you read the xray report,you'll see their interpretation is

not supported by a clear reading..

even though there was no doctors opinion given at the time, it had to be their on medical opinion.

when i read the report i say that there was no defect showned

an anomaly is not a defect,nor is osteoarthritis.

one of the links below is the xray document, and one is how the board or the va made it on opinion.

bias 20.txt

1985 did not say defect.txt

Edited by mos1833
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i never claimed any thing,i just said i hurt my back in service.

below is a lie, and part where they say it appears to be related is not a medical term,and

is a simple misinterpretation of the fact.

((((((Therefore, to the extent the Veteran claims
osteoarthritis of the lumbar spine, it appears to be related to a congenital deformity
which cannot be service-connected. Under the relevant regulations )))))

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Does not necessarily appear to be a clear CUE at all.

Impression states appears to be congenital.

Do you happen to have any evidence showing continuity of care ?

Maybe something from a family member stating they have been witness

to your symptoms of XYZ and what you have had to do for these symptoms,for all this time ?

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  • HadIt.com Elder

There may be a case for aggravation. The VA often ignores this in denials based upon a pre-existing condition.

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  • HadIt.com Elder

You need an IME that explains your condition is not some pre-existing congenital deformity. How long ago did the VA deny your claim? The decision must be final to file a CUE.

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