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

[Andyman73]

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

[Buck52]

Yes you could reopen the claim but an NOD would be better imo to get a better EED. Reopenning the claim I believe they will just go back to your C&P Exam in 3 -15

if it was rated as mild to severe in 3 15 C&P Exam check your ROM it could be grater than 20% now it possible be 30% maybe 40% bringing your rating up to possible 70% or higher & the EED May go back to the original claim 11-98

You may think about getting a IME/IMO and Ask the Dr to use the VA guidelines pertaining to this particular disability or the causes from it.

Remember in a cue claim you can't use new and material evidence, they use only the evidence back when the claim was first filed only.

Although you probably would get a better EED.

Asknod or Ms Berta broncovet or JBasser would be better to ask about this type claim they all know a hell of a lot more in this VA system than I do.

they be would be the ones to ASK about filing a reopen claim or just File NOD and Disagree.

Here is a link to EED's

https://iris.custhelp.com/app/answers/detail/a_id/930/kw/(%26quot%3Bprotected%20disability%20rating%26quot%3B)/related/1/session/L2F2LzEvdGltZS8xNDMzODc2MTM0L3NpZC9VKkRHVHRvbQ%3D%3D

Note I may not be understanding your question?

...............Buck

Edited June 9, 2015 by Buck52

[Andyman73]

Buck,

I'm not sure I even know what I'm asking. Lol I guess I want to know if I should persue the CUE angle. Or take a different approach with new claims for the trip D and radiculapthy. Or take a run at both. Like a hamster on a wheel...going nowhere as fast as I can!

[iceturkee]

i'm not sure you are going to get more than 40 percent for your back. but i would file for radiculopathy (spelling?).

[Buck52]

your probably going to get the cue denied if you file for wrong diagnosis They can correct that, and your disability kinda falls under the next rating code for the appropriate rating..if your current disability don't have a code number or wrong code?

you should file for your other disability's with new claim if you have new medical evidence, or you can file NOD on the current issues your having...not so much a wrong diagnosis but for your Back & the Radiculopathy

if you already have a claim with these disability's? then file for an increase if they have worsen.

but you need medical evidence to support your claim.

............................Buck

[Andyman73]

The current rating is 40% for 5002-5295 I believe. But the 5295 no longer exists as a code, it was changed in the mid 2000s. Funny thing is they didn't swap the code with the one that replaced the 5295. And that is for "low back pain/strain" which might also be lumbarosacrial strain...I think. The DDD and Radiculapathy was never claimed, is mentioned in my SMR, and is also mentioned in the MRI report from March of this year.. I think that covers the "new claim and new med evidence" requirement.

I think I will run with that, a new claim for the DDD and for Radiculapathy and see what I get. And just let the whole CUE idea pass on.

Andy

[Buck52]

That's good,

I wish you the best and you get what you ask for.

Hang In There!!!

............Buck