Cervical Dysplasia Cn1 And Recurrent Vag Infections

[renee]

Happy Spring everyone,

I thought I posted this the other evening but I see my Ambien won the battle and it didn't post afterall. I didn't see very many posts with respect to this topic so I decided to post my question.

Recurrent vaginal infections- initial claim filed in 2005 after various denials I was finally granted % in March 2009. A subsequent appeal was filed for an increase in 2012 and was granted increase to 10% in 2014. There is no description from the VA as to why they increased the disability other than assigning the rating that requires continuous treatment. This is currently on appeal because the criteria for a higher rating is warranted. What concerned me when I went thru my files is that in the initial claim and subsequent appeals I supplied them with the same information. The military records and the civilian doctors records, all the same information along with current treatment. Can this be considered CUE?

Cervical Dysplasia & Perneal tear- initial claim filed same as the above disability but denied, denied and denied each time. Whats interesting is that in the March 2009 decision the VA stated that "service connect may be grated for a disability which begin or was caused in the military". They also included a statement about what the National Institute of Health defines as cervical dysplasia and added that "it may go away on its on". The decision states that my service records while in sevice found cervical dysplasia as a result of my pap smears but that there was no surgery or laboratory result addressing the issue. However, my military medical records reflect cryosurger procedure directly relating to this issue. In the 2014 decision, the VA states that "the condition was not incurred in service or aggravated by military service. HUH? They end this subject matter by stating that "if cancder develops, VA will request a medical opinion to determine whether there is a link between the two. In your case there is no evidence that your cervical dysplasia has progressed to any for of cervical cancer". I am totally and uterly confused at how they don't have the same records that show the diagnoses and treatment of this issue. Since leaving the military I've had additional surgeries to include ovarian cyst removal, leep surgery x 3, removal of my left ovary due to scarring and lastly a fully hystorectomy.

As for the perineal tear- VA denied me in from 2009 up to 2014. the VA stated that an episotomy is normal during childbirth but a 4th degree tear??? It was finally granted to me again with the exact same information that was presented in the original claim. In the decision from 2014 the VA assigned a 40% rating stating "service connection for urinary incontinence due to perineal tear has een established as directly relating to miltary service". SInce I only have one child, the one that was born whilst I was inservice, no information changed in terms of medical records; how can they deny me start with? Oh let me add that they grant me 0% for the laproscropic scars I endured as a result of the leep surgeries relating to the cervical dysplasia they said I don't have.

Do I have a case for CUE on either of these two? I look forward to your input as it will help me to stregthen my claim.

Thanks and have a wonderful evening.

Edited March 21, 2015 by renee

[Berta]

WOW, it looks like you definitely were proactive with those claims....

"Can this be considered CUE?"

If the medical evidence in any denial warranted at least at 10% rating, for what they then awarded subsequently, that could certainly be a valid CUE issue.

We have much CUE info here that can help, in the CUE forum.

It makes sense that if VA denies something that they eventually SC, there is always a potential that the denial was in error.

I used for past CUE claims the older rating sheet, checked whether the diagnostic codes were correct, and then checked the ratings.

Some DCs and ratings have changed over the years.

For example

My AO IHD Accrued CUE,for example, warranted only a 30% rating based at time of the IHD evidence.(from 1988 to 1994)

The IHD was never diagnosed by VA, or treated. It was an FTCA/1151 issue but the award I got was for direct SC.

The IHD regs have changed considerably since then.

I have not filed the A0 IHD claim under 1151 yet.

The director of my RO was exasperated when I said that to her last week.

Like you, I have continually fought back for what they owe me.

I am currently having another battle with them ...

I sure hope others chime in here Renee.,on the CUE issue.

"how can they deny me start with?" probably because they cant read ,

or deliberately wont read evidence., hoping we will go away.

This happens to too many vets ,too many times.

You would think the award money was coming out of the pay checks of the VARO employees.

Hell , they are overpaid as it is, if they cannot read or apply basic VA case law to our claims.

Edited March 21, 2015 by Berta

[renee]

Thanks Berta I'm filing cue on these issues

[SeattleShay]

It's the "old boy" VA shuffle, been in it since 1984.

It has gotten better, but still not not even close to equitable.

I once told a traveling board that I would be 100% if I had a prostate....