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Need To Cue?


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 (see edit history)
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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 (see edit history)
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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.

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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.

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  • 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.

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  • 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.

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