Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Need To Cue?

Rate this question


bubblehead80

Question

Need direction on which to use, appeal, NOD or CUE on the following;

7999-7913 Hyperglycemia, Impaired Glucose Tolerance: 0% SC; VA doctor said I had Diabetes on my last visit but on all others it has been Hyperglycemia. VSO says I can get an increase because they have the Diabetes number included above. Which one should I file CUE, NOD or Appeal.

7101 Hypertension: 0% SC: I now am prescribed medicine for my Hypertension. Does this increase from 0% to 10%. There are too many or’s in the award lettering. Which one should I file if any.

5215 Residuals of Remote Left Wrist Sprain: Denied: Not Incurred/Caused by Service: Have sick call slips showing I went to the medic while in Iraq. Did think they would have denied that one. Which one I should file if any.

6899-6847 Sleep Disorder: Denied: No Diagnosis:They said they were waiting for my sleep study results and they never came. I received a copy of them and also received my CPAP machine. I had room mates write me statements about how bad the snoring was and the times they though (hoped) I had stopped breathing. Which one should I file.

I already receive 10% for Medial Meniscus Tear on both knee, but I also had a partial tear on my RT ACL and it doesn't say anything about it only in my SMR. Is that pyramiding?

I also received non-service connection on hearing loss and tinnitus but I figure I will let that slide. Thanks for any and all help.

Greg

Edited by bubblehead80

50%- Sleep Apnea 6847

20%- Right Shoulder Strain/ Partial Rotator Cuff Tear with DJD of AC Joint 5299-5202

10%- Tinnitus 6260

10%-Type II Diabetes Mellitus 7913

10%- Degenerative Disc Disease. Cervical Spine 5242

10%- Residual of Injury to Right Knee, Status Postoperative Arthroscopic Debridement of Medial Meniscus Tear 5259

10%- Residual of Injury to Left Knee, Status Postoperative Arthroscopic Debridement of Medial Meniscus Tear 5259

0%- Hypertension

0%- Sinusitis

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

Need direction on which to use, appeal, NOD or CUE on the following;

You need to file a NOD and state what you disagree with. This starts the appeals process.

If this is the initial decision you cannot cue until it is final.

7999-7913 Hyperglycemia, Impaired Glucose Tolerance: 0% SC; VA doctor said I had Diabetes on my last visit but on all others it has been Hyperglycemia. VSO says I can get an increase because they have the Diabetes number included above. Which one should I file CUE, NOD or Appeal.

Nod this decision and explain why you disagree.

7101 Hypertension: 0% SC: I now am prescribed medicine for my Hypertension. Does this increase from 0% to 10%. There are too many or’s in the award lettering. Which one should I file if any.

Service conenction for hypertension for 10 percent: Systolic reradings 160 and Diastolic 100 with continuouis medication for control. These readings must be predominant.

5215 Residuals of Remote Left Wrist Sprain: Denied: Not Incurred/Caused by Service: Have sick call slips showing I went to the medic while in Iraq. Did think they would have denied that one. Which one I should file if any.

NOD the decision and show them a copy of the record if you have it.

6899-6847 Sleep Disorder: Denied: No Diagnosis:They said they were waiting for my sleep study results and they never came. I received a copy of them and also received my CPAP machine. I had room mates write me statements about how bad the snoring was and the times they though (hoped) I had stopped breathing. Which one should I file.Nod this one too. They are not considering anything

I already receive 10% for Medial Meniscus Tear on both knee, but I also had a partial tear on my RT ACL and it doesn't say anything about it only in my SMR. Is that pyramiding? (Bilatteral factor may come into play on th is issue). (NOD and also ask for bilattarel factor fort both lnees.)

I also received non-service connection on hearing loss and tinnitus but I figure I will let that slide. Thanks for any and all help.

Greg

Edited by jstacy
Link to comment
Share on other sites

Why would you not want to challenge the NSC ratings you received on hearing loss as well as tinnitus? The tinnitus is limited to 10%, however, that 10% can make a difference someday between a lower rating and a higher rating. If both conditions were incurred in service, challenge the decision.

You have your SMR's, so they should also include copies of your hearing tests. What do the numbers say in those tests, are they increased from when you first entered service? The higher they go, the harder it is for you to hear.

Link to comment
Share on other sites

Great advise here-

CUE claims are only for final decisions that have never been appealed.

They involve legal error, not medical error.

Although they usually hinge on a medical issue- if the rater made a legal error in the decision-by misapplication of the regs- and it cost you potential retroactive benefits, that is a CUE.

Your claims are still in the appeals process.

I sure agree on the hearing and tinnitus claim- definitely NOD this.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

Berta is right and it is better to concentrate on winning the claim over trying for CUE. In fact I would say win the claim and than ask for CUE.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

The burden for CUE is a big one for the vet. Win your claim and worry about CUE and retro later. Everything depends on winning the claim to get service connection or your increase in the present.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use