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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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2NDMARDIVDOC

BAD CASE OF THE NERVES RIGHT NOW.. FEEL LIKE HELPING ME CALM DOWN?

Question

So as many of you know who's been following my posts, I have a high dollar claim in processing. Today I see that it is "prep for notification" It's been along time coming. Back in 01 when I discharged I filed for several conditions including a diagnosed case of overactive bladder. Some of the items were granted and some denied. The bladder condition was denied. I was still very green to the claims process back then and as a result, I didn't do a NOD on the bladder, I just accepted the denial. The thing is, while I was in service, I was diagnosed by a Urologist with overactive bladder and was placed on meds. I went through several diagnostic studies to see if it was a symptom of something else and nothing was found. Therefore the overactive bladder was considered the diagnoses and coded as such. I was placed on meds and that was the end of it.

On my denial letter for the bladder the rater noted the diagnosed condition, recognized the need for meds and noted that there was no underlying cause of the condition. To the best of my memory I was never even given a C&P exam for the claimed condition, just a flat out denial. The confusing thing about the denial is that even though the rater recognized all those things I just mentioned, they never mentioned any evidence to the contrary and said that the "preponderance of evidence wasn't in my favor"  So fast forward to November of 2016, I was talking to a DAV rep about it and he felt pretty strongly that a CUE had occurred. Especially since I still suffer from the condition and still take meds. He suggested I gather all my records both current and service and file a re-open / CUE. So that's what I did. I filed  FDC for the bladder. I included all my medical notes as well as a couple nexus letters from different Dr's.

I was scheduled for a C&P in January of this year. The exam went very much in my favor to the tune of a 60% rating according to the DBQ and the examiner provided a medical opinion that the current condition is the same as the one I claimed back in 01 based on my SMR's. A week or so later, the RO requested another medical opinion as to weather or not the overactive bladder was a symptom or actual diagnoses. I was pissed because they already had that info in triplicate. Anyway, the 2nd MO came back as noting the condition was the primary diagnoses and was NOT a symptom of anything else and again stated that it was the same condition as claimed in service back in 01.

So do you guys and ladies think based on what I've told you here that a CUE occurred and do you think I should be expecting a retro payment?

Edited by 2NDMARDIVDOC

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