lumbosacral Question About A Cue

[Terranova1340]

Guys, I have a question about a potential CUE. I will do my very best to explain my case, but I will also try to keep is as short as possible and I would like any and all input I can get. Basically I do not want to waste a bunch of time if I don't have any real arguement.

My Story-

I served in the USAF from 1984 through 1988. During the time I was active duty I hurt my back, my hip, and my left knee. I was seen in the ER at homestead Airforce base on two seperate occasions, in 1985 and again in 1987 I was given time off, prescribed Physical therapy ect. But my pain would never go away. At times it would become less severe, so that I could work but the pain was always there at tims so severe that I could not get up off my bedroom floor. They had me under go GU exams because they thought I was having intestine issues. The specialist who examined me determined that my pain was not GU related and wrote as much that it was clearly muscle skeletal. I saw a specialist for my back and he wrote that my pain was no longer acute but chronic.

Fast forward to 1988, I left the service and returned home to Toledo Ohio. At the urging of my wife I went to Brecksville for a Comp and Pen. I was denied when I was there. The examiner made a number of errors or at least errors to me and this is kind of where my saga with the VA begins. On the denial letter that I received ( I never got the rating decision packet until years later) the letter said "The evidence does not establish service connection for the following..." And went on to list the things I was there for, Low Back and Hip Pain, and Right Knee pain. Firstly I was there for my left knee, and they exaimined my left knee. But wrote about my right knee. Secondly I felt that I surely had a "service connection" for my injuries as I had a huge medical file to show for said injuries.

I was so disheartened with the letter that I never went back because I felt that if they didn't care enough to read my medical files or to write about the proper knee that I didn't trust that they could medically be competent to treat me. I pursued treatments in the civillian sector and ended up having 3 major back surgeries as well as having my knee scoped. It is the medical opinions of the Civillian Doctors that I have seen that my current condition can be directly attributed to a progression of the injuries I sustained in the Military.

I went back to the VA in 2009 at the urging of my kids and re-opened my case. At this time I was shown the "Rating Decision Packet" that the exaiminer used in 1988 to evaluate me. I found that the specalist that I saw while at the VA in 1988 wrote that he had done an "Impression" which showed a Lumbosacral stain and left trochantar bursitis. I work in the medical field and according to the professionals I know this would constitute a diagnosis. There however was no "Rating" applied to these as the VA's stance was my "injuries were not service connected" and that my pain was “acute and transitory, or not chronic”even though my service medical records indicate otherwise and specifically said so. However, in 2010 they awarded me a total of 30% for my injuries. Even though years earlier they had said my injuries were not service connected. I have been in the VA system since 2010 and I am now at a overal Rating of 70% for my injuries.

There are alot of other "errors" with my case but basically I am trying to figure out if based on the overal rough outline of what I have laid out here if I have a true basis for a CUE, or what if there is anything I can do to get retroactive pay. I was out of the Airforce for over 20 years and than they decide when I re-opened my case that my injuries were serviced connected. Therefore (and I know in the VA world this probably doesn't matter) but morally and ethically I feel they owe me 20 + years of retroactive pay. Additionally if there isn't anything I can really do I don't want to waste my time or my families time.

Also- I did have a representative from the DAV who felt that my issue was worthy of a CUE so he filed one and I am in the process of fighting the denial. I don't believe my DAV rep did the paper work correctly. So I did right a letter to my Representative Bob Latta as well as take all of my Military Medical Records and VA records to his office and outline all of the mistakes. His office told me to appeal the denial of my CUE but the more I read about my CUE the more I think the DAV rep didn't really do it right, and I feel that the VA has it structured in such a way that its almost impossible to successfully have them agree to the errors.

If it helps anyone in answering my question I have the letter I submitted to Bob Latta's office, where I outlined the more than 20 mistakes with the Original comp I just don't know that any of the errors is truly a CUE.

[Buck52]

Ain't that the truth Alex! ( asknod )

....Buck

[john999]

Even when the VA sends your decision to the wrong address, does not evaluate all the evidence, and makes all sorts of errors if you do not file a timely appeal you have an uphill battle. I went all the way to federal court and the upshot of it all was that I should have appealed even though the VARO made egregious errors I lost. I don't even remember filing a claim and no VSO represented me I got a decision on my claim and got 10% when I know I should have gotten 100% back in 1973. With what I know now I could have won a TDIU or 100% claim, but they don't take that into account. Back in the day the VA did not even have to list all the evidence they used to rate your claim. How do you fight something like that? The VA could just exclude half of your evidence and if you did not appeal you are out of luck.

John

[Terranova1340]

Can you scan and attach here the decision that you filed the CUE on?

Specifically the Reasons and Basis and also the Evidence listed in the denial.

Cover the C file number, name, address , prior to scanning it.

The attachment button is under More Reply Options to the lower right side of the reply area.

ANY vet subsequently awarded SC for the same disability VA denied in the past should carefully go over the denial letter because I think, more often than not, they would have a basis for a valid CUE claim.

We have considerable info here in the CUE forum.as to what constitutes a valid CUE claim.

I have been trying to upload my files for the better part of the day and I cannot seem to attach the files. My best guess to attach is under "My Media" but when that opens there doesn't seem to be a way for me to add anything.

That said I just added my files via tiny pic.

http://tinypic.com/r/wmcdoy/8 - Original Denial Letter the I received in 1988

http://tinypic.com/r/30j68tt/8 - First Page of the Decision Packet

http://tinypic.com/r/29z6k49/8 - Second Page of the Decision Packet

http://tinypic.com/r/ju8ihi/8 - Third Page of the Decision Packet its a ortho exam

The Exaiminer never writes about my initial date of injury he talks about "November of 1986" but I was seen in the ER previous to that in 1985.

Also, I am used to looking at the newer packets where they list each and everything they considered in making there Decision so it is difficult for me to tell if they considered all of my military medical history or just parts of it.

What my DAV Rep filed my CUE on is as follows based on what he explained to me 1.) I was injured while in the Airforce 2.) The Examiner wrote "There is no History of fall or injury" (which is direct opposition of my service medical records ) and 3.) On the Special Orthopedic Examination that the VA did they wrote Impressions: Lumbosacral strain and left trochanteric bursitis. According to my DAV Rep this is a diagnosis and should have resulted in some type of 0 rating.

Also, I do have my C-File included in my file they appeared to have my service medial records they did not however have my xrays from when I was in the service.

Additionally, when I re-opened my case they made me file a new claim. When I filed that new claim, the VA found in my favor and in the rating decision that they sent me they specifically wrote

1.) Service connect for thoracic and lumbosacral strain with degenerative arthritis and disc disease, status post microdiscectomy and forminotomy l4-5, forminotomy L5-S1 and decompressive laminectomies T9-T11 is granted with an evaluation of 10 percent effective April 28, 2009

2.) Service Connection for superior labral tear, left hip is granted with an evaluation of 10 percent effective April 28, 2009

They go on to say under there Reasons for Decision to say "Service Connection was denied based on your condition being acute and transitory or not chronic. You Re-Opened your claim and the examiner opined that your thoracic and lumbosacral strain with degenerative arthritis and disc disease, status post microdiscectomy and forminotomy L4-5, forminotomo L5-S1, and decompressive laminectomies T9-T11 is more likely than not a progression of your low back condition treated in the service. "

For my hip under there Reasons for Decision they say " You reopened your claim for service connection for a left hip condition. You had complaints of left hip pain in service, but there were no findings to support a diagnosis. You attended an examination in support of your current claim. The examiner diagnosed a superior labra tear of the left hip, and opined that it is as likely as not related to your left hip pain in service. Service connection for the superior labral tear, left hip has been established as directly related to military service."

Again, as I said in my first post I am not sure if there is a true CUE here but any help is appreciated.

Thanks in advance, and thank you for all the feed back I have received thus far I do truly appreciate it.