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!
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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
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FormerMember
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 retros
FormerMember
I've seen VA change a diagnostic rating code in an attempt to lower a Vet's rating but they always get busted on appeal to the CAVC -so it proves the adage of Appeal until you can't go any higher (Wi
FormerMember
A combo diagnostic code like DC 5010-5295 is a "built up" analogous rating. VA doesn't do a lot of ICD code other than to winnow it down to a VASRD code. So look at 4.27 first to understand it.
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