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To Cue, Or Not To Cue, That Is The Question My Friends.

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Andyman73

Question

I was looking over some of my recent claim info regarding a granted increase on my back from 10 to 40%. C&P Doc wrote that this is the natural progression of the disease(DDD). And she noted that there was an X-ray from my AD time that showed then the DDD already starting. . And she noted that this should have been the original diagnosis as well. The original rating was/is still for low back pain.

Can some of you well versed VA claim Warriors give me some input on this? Thanks!

Semper Fi.

Andy

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Andy:

I'd like to hear about this type issue as well from others and how to address it? I had a civilian contracted VA CP Doctor say the same thing for for my neck injury? But, that does not change the fact that it happend in the military. As a matter of fact, the doctor goes on to say that during a CP exam that my cervical neck injury is the result of my traumatic tank accident while in service? My ROM motion scores were very very low because, I can turn my head very much to the left of center and there's grinding noise in my neck when I do so. However, he goes on to say that the condition is the natural progression of the disease? Frankly, it does not change the fact that he concedes that it happened in serivce in the first place which is not in dispute--then says less likely service connected. So, basically, he contridicts himslef in the same sentence about service connection? I was told by a hadit.com contributor that an IMO or IME can challenge this so there is hope? I don't like the idea of having to pay more $ but it will probably be worth it?

Edited by rootbeer22
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Rootbeer22,

My feeling is that my examiner was just stating her professional opinion that it (1) should have been the original diagnosis, and (2) it is getting worse. Both my back and neck crack and pop, and cramp up. I don't think she was trying to screw me over, but maybe trying to create a doorway to CUE, but with out actually saying as much. Just like when she offered an MRI, and then said if it was her she would sure as heck do the MRI. I especially like the part where she noted that there is already documented evidence of DDD while I was still on AD. But I may have to hit up a private Ortho Doc to go there.

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A newer diagnosis that supplants an earlier one can never be grounds for CUE. CUE is always based on the EOR (Evidence of Record) when the claim was decided. If doctors were allowed to opine in retrospect at will, justice would never coalesce around a precedent. It would, in essence, create an arena of endless readjudications as new facts or medical science developed a way to look into the remote past.

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  • HadIt.com Elder

........Buck

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A newer diagnosis that supplants an earlier one can never be grounds for CUE. CUE is always based on the EOR (Evidence of Record) when the claim was decided. If doctors were allowed to opine in retrospect at will, justice would never coalesce around a precedent. It would, in essence, create an arena of endless readjudications as new facts or medical science developed a way to look into the remote past.

Ok, so then, the x-ray that showed the DDD was already there while I was still on AD, wouldn't count as EOR?

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  • HadIt.com Elder

''Doc wrote that this is the natural progression of the disease(DDD). And she noted that there was an X-ray from my AD time that showed then the DDD already starting''.

(Still not showing a' 'Diagnose''?

You need to show it was an injury while on AD, any medical records or hospital treatments that you injured your back while on AD as evidence!

if your asking for increase and have a Diagnose of your Back injury for DDD and you are Service Connected for that Injury then you need a IMO or IME to show that the injury has got worse.

Asknod is correct as for as a CUE.

jmo

..........Buck

Edited by Buck52
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