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Restrictive Pulmonary Disease, Tos, Brachial Plexus

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Guest jstacy

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Guest jstacy

Hi, In early August, I filed for 100 percent unemployable because I have been retired by outside pulmonary doctor. I am drawing LTD at the pressent time and I have lost 40 percent of income because of this. I also have a DRO claim that has been in process for 2 years for Radiculpathy stemming from a cervicel spine Injury. I was awarded only 10 percent for that claim. The ling issue is due to asbestos exposure. I was an asbestos worker removing asbestos from Nuclear Submarines. (This is all documented in the record). I filed this claim originally in 1994 but the VARO at the time said records were not available. I did not appeal. IS there any chance to get the VA to regress to 1994 with some retro or cue basis? I do have the C and P and the Diffusion was moderately impaired then. Now it is severe(40 or less). If someone can assist, I will file tha claim ASAP. Thanks in advance for the replies.

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CUE claioms are hard to win, espcially on rating codes that use mild. moderate, severe and other subjective descriptors. CUE has to be judged on the evidence before the RO at the time.

It sounds from your description that you might be better off filing for a rating increase and giving up om the earlier effective date. But it never hurts to file a CUE claim, since all theycan do is to say no.

Alex

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