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When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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Dot09

Does this qualify for CUE?

Question

My claim was a quick denial that I did not follow up 7 months from file date. Which I thought was rather quick and vague compared to other claims in the past. Some of the reason I stoped was because I was already 80 percent paid at the 100 percent rate and p&t. I was told not to jeopardize that by my dav rep. 

I am currently 

30/20% - appropriately rated -Right and Left shoulder injury range of motion. 

10/10% appropriately rated-Right and Left wrist ganglion cyst range of motion 

10% appropriately rated-Tinnitus 

0% appropriately rated-Hearing Right 

New claims

50%-Major depressive disorder increase- The award did not address this at all. The examiner in his notes said the patient brought in research notes. It was actually my imo and copy was sent to the va. Nothing was addressed with it.

cervical spine pain direct service denied no nexus

Bi-lateral elbow neuropathy with arthritis & tendinitis denied no nexus

lumbar spine pain direct service denied no nexus

Bowl/bladder/ed secondary cervical/lumbar denied

Left ear hearing loss denied

Left knee wasn’t included

sleep apnea secondary to cervical/depression medications/weight gain denied
 
p&t was awarded

Depression was cut out of the claim. Examiner and board didn’t answer or evaluate dr bash’s imo. No medical exams were conducted. This was something that I have never seen before. It list the condition and 2 bulleted generic comments for everything.

 

 

 

 

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This a very well written and detailed  IME but the nexus factor was your "weight lifting" in service and VA might have wanted more inservice info on that.

I forgot Dr B had done your IME but as soon as I read it, it is a good example of how detailed he is.

However there is no reference I can see ( some of it is hard for me to read) as to his review of your SMRs.

Perhaps he thought your nexus had already been established via the R/L shoulder SC award.

It looks to me that his diagnosis was for cervical spine radiculopathy- and many of your conditions could be secondary to that.

Did the VA list his IME as evidence?

We need more opinions on this-perhaps the claim should be re-opened for Cervical spine radiculopathy with anything that Dr B found as secondary.

The nexus for R/L shoulder "injury"  nexus has already been established but perhaps that was a result of cervical spine disability. 

Your medical records will reveal a more accurate medical description of the shoulder injury .

We need others to opine here.....

 

 

 

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Unfortunately I only have roughly 10 medical pages with physical therapy visits mentioning shoulders from weightlifting training  Smr. Since I was on prp it was strongly discouraged to go to many appointments otherwise they would have to constantly stopped and reinstate you.

no to your other question. I currently have no other claims appealable or pending. The new ones were denied because of nexus and mh was ignored.

yes they did list his imo 

Edited by Dot09

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Berta,

I talk to Dr. Bash this mourning for a phone scheduled appointment. Based on our conversation he believes it is a cue. I’m currently scanning all pertinent records and emailing them to him to reassess. What he told me was the decision that they sent me did not address his imo. Yes     they listed it however, it was not addressed. He had told me that the va started sending  vague quick bulleted letters of denials to process the many claims they have on their desk quickly. We are going to re-edit the imo to point out that my cervical/spine was the main culprit along with secondary conditions. He will specify dates more clearly and my exam upon exiting. I will keep you more informed as the process continues. Thank you for all your help. 

Dot

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That's great! Dr. B knows exactly what VA needs and what a CUE is....he also has more info than what we have here....

I wonder if the correct diagnosis was claimed.

 

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