Cue for anemia, right???

[SergeantQ]

Heyyyyy my fellow veterans.... after getting my rating for Anemia for 10 percent the other day, crying, falling apart and asking GOD WHY ME, I pulled myself together this morning, crawled over to the paperwork and reviewed it again.

Thank god I did because they rated me wrong.

The code for my anemia is ‘Anemia’ 7700. The code they rated me under is ‘Aplastic’ Anemia 7716 which again I don’t possess those symptoms at all. It speaks of infections, transfusions and everything! My anemia is for blood loss where my HGB levels are low 7. 

So this is a QUE, right? 

https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_117.doc

[SergeantQ]

4 hours ago, Berta said:

An erroneous Diagnostic code is obviously a CUE.

This link holds a template of one of the CUEs I filed:

 

https://community.hadit.com/topic/71163-carpal-tunnel-cue/#comment-440001&gsc.tab=0

 

Wonderful! This is a great first start.

[Buck52]

Roger That SergeantQ

[SergeantQ]

Heard from my vso today who is a man of minimal words... he said, I’ll refer this issue to the Change Management Agent to see if it can be reconsidered under the other Diagnostic Code.

i just hope it all goes well. Prayers up for me please. 

[Berta]

THAT is Great! Actually that is what many VSOs or vet reps should do----

if they see evidence of a bonafide legal error- they should contact the VA themselves to fix it.

Yes- I will pray for you! The VA needs Divine intervention and us prayer warriors at my church pray for our nation's  veterans every day!

[Buck52]

I just wanted to ask this question?

  I read some where  that if VETERAN Files a CUE and the VA determines it was not a CUE ( ON A RECONSIDERATION CLAIM ) then the claim is closed for ever and the veteran can't never file for that again?

is this true?

[FormerMember]

Only on appeal to the BVA. If they determine it isn't CUE, it's dead in the water absent a trip upstairs to the CAVC. On the other hand, filing a CUE at the AOJ level and not appealing a denial preserves it for a future claim of CUE on the same basis. You can always file a CUE again of a denied BVA decision as long as it is based on a different theory of error.