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]

Well hopefully it will get fixed locally with the change management agent. 

[SergeantQ]

Good news! They fixed it. Yep sent it to my vso who sent it to his change manger and they fixed the anemia diagnosis code internally - without me filing a NOD

No retro yet or break down but ebenefits changed today. Im so happy I don’t even know what to do. I pray they get my effective date right. I luv yawl!!! 

[Berta]

YIPPEE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Does that 80% mean they rated you properly?

By all means check the retro and the EED, Thadine, when you get their deision....and check your bank account because the retro might sure come before their letter does.

I am SO happy for you!!!!!!!! You had a bonafide CUE claim.

I just wish the ROs would admit in these types of claims that they did commit a clear and unmistakable error.

Sometimes they do and sometimes they dont. But if you file CUE and get more cash it doesn't matter,because they issue a new decision.......

then again BVA will admit to CUEs they have made that are valid....and I wonder how many CUEs are documented by the VAROs that brought subsequent retro awards....that is probably withheld from  documentation because it could show how incompetent  they are. But BVA decisions often reveal that fact.

I am glad you fought this because I know how upsetting that last decision was for you and so many here have gone through that-needlessly, due to their VA's)  inability to do things right.

Folks-like I have said many times here- the worst CUE claim of all is the one that is never filed.

And the BVA has made it clear , if they deny a cue "without prejudice"-that the claimant can file the CUE again,

in a way that could award it....if they read the extensive info here on CUE and get the legal error correctly identified, and use the BVA denial to see what the CUE on appeal was lacking.

This is Fabulous News.!!!!!!!!!!!!!! and I hope this encourages others to consider VA might have made a legal error in a past (or even recent) decision)!!!!

Edited April 11, 2018 by Berta
spelling

[Buck52]

 SergeantQ ,

 I have not read all these post here  but I have a question

If you were S.C. for Anemia (pernicious anemia) with low B-12

how did you prove it was military related? are you a Vietnam Vet?

Reason I ask after I was discharge from Vietnam ...Years later I was diagnosed with the Pernicious anemia from the VA...Because I started having these systems all of a sudden...it started out with a tingling in my neck arms...I would look down an feel a tingling in my arms fingers   it was not painful but always felt tired out sleepy and exhausted when there was no reason to be.

so I never thought anything about it .

I thought maybe I had a pinch nerve in my neck or some place that caused this and I'd get over it

...well that never happen and the tingling just kept getting worse my equilibrium was bad and my feet started to feel hot I mean like walking on a hot grease skillet and this kept getting worse and worse and my feet was swelled up pretty bad one morning and the tingling was going on  so my spouse called the VA  they said get him here ASAP.

Anyway they had a hard time finding out what was wrong,  for a while there they were leaning to some form of leukemia  and a bunch of Dr's got together and decided to load me up with the B12 Injections at high MG Levels to see if my B 12 would clear my symptoms... THEY DID and my symptoms went away  so they diagnose me with pernicious anemia

 ..this was about 1989 or so  the Dr said I showed not to have the Instrict factor in my body that carries the B-12 to my bloodstream from the things that I eat as this is how the body processes the B-12 to the bloodstream(which is hard to understand if your not medically inclined. as ME.  the only known medical reason for the instrict factor to dissolve itself is a cancer type disease like leukemia  (which scared me shitless) or drinking alcohol in excess ..which I never drinked alcohol..never had the taste for it I guess.

So I been taking the B-12 Injections ever since.

They ruled out alcohol and degenerative conditions/other diseases for the cause and put unknown cause, No one else in my family has this condition.

It maybe too late to file a claim because I never filed a claim for this  because I am not sure it was military related? and it's not on the A.O. Presumption List.

Edited April 11, 2018 by Buck52

[SergeantQ]

1 hour ago, Berta said:

YIPPEE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Does that 80% mean they rated you properly?

By all means check the retro and the EED, Thadine, when you get their deision....and check your bank account because the retro might sure come before their letter does.

I am SO happy for you!!!!!!!! You had a bonafide CUE claim.

I just wish the ROs would admit in these types of claims that they did commit a clear and unmistakable error.

Sometimes they do and sometimes they dont. But if you file CUE and get more cash it doesn't matter,because they issue a new decision.......

then again BVA will admit to CUEs they have made that are valid....and I wonder how many CUEs are documented by the VAROs that brought subsequent retro awards....that is probably withheld from  documentation because it could show how incompetent  they are. But BVA decisions often reveal that fact.

I am glad you fought this because I know how upsetting that last decision was for you and so many here have gone through that-needlessly, due to their VA's)  inability to do things right.

Folks-like I have said many times here- the worst CUE claim of all is the one that is never filed.

And the BVA has made it clear , if they deny a cue "without prejudice"-that the claimant can file the CUE again,

in a way that could award it....if they read the extensive info here on CUE and get the legal error correctly identified, and use the BVA denial to see what the CUE on appeal was lacking.

This is Fabulous News.!!!!!!!!!!!!!! and I hope this encourages others to consider VA might have made a legal error in a past (or even recent) decision)!!!!

Berta - you already know I appreciate your support. Salute!

And no ma'am - I didn't even have to do a CUE or a NOD. As soon as I received the letter in the mail - I contacted my VSO via email and told him what happened... How they applied the incorrect diagnosis code to my claim. I have anemia - period. So,  ‘Anemia’ has the 7700. The code they rated me under is ‘Aplastic’ Anemia 7716 which again I don’t possess those symptoms at all.

My VSO said, ohhhhh okay I see the error, let me talk to my change management and they handled it internally. Now, it never showed up on ebenefits via stages because again, it was handled internally. (You see through GOD all things are possible).

Now I don't have the break down yet - as soon as I get the letter you can be sure i'll be checking for the effective date. Now that's where I'm going to have to file a cue or NOD, I don't think they will fix that on their own.

 

[SergeantQ]

1 hour ago, Buck52 said:

 SergeantQ ,

 I have not read all these post here  but I have a question

If you were S.C. for Anemia (pernicious anemia) with low B-12

how did you prove it was military related? are you a Vietnam Vet?

Reason I ask after I was discharge from Vietnam ...Years later I was diagnosed with the Pernicious anemia from the VA...Because I started having these systems all of a sudden...it started out with a tingling in my neck arms...I would look down an feel a tingling in my arms fingers   it was not painful but always felt tired out sleepy and exhausted when there was no reason to be.

so I never thought anything about it .

I thought maybe I had a pinch nerve in my neck or some place that caused this and I'd get over it

...well that never happen and the tingling just kept getting worse my equilibrium was bad and my feet started to feel hot I mean like walking on a hot grease skillet and this kept getting worse and worse and my feet was swelled up pretty bad one morning and the tingling was going on  so my spouse called the VA  they said get him here ASAP.

Anyway they had a hard time finding out what was wrong,  for a while there they were leaning to some form of leukemia  and a bunch of Dr's got together and decided to load me up with the B12 Injections at high MG Levels to see if my B 12 would clear my symptoms... THEY DID and my symptoms went away  so they diagnose me with pernicious anemia

 ..this was about 1989 or so  the Dr said I showed not to have the Instrict factor in my body that carries the B-12 to my bloodstream from the things that I eat as this is how the body processes the B-12 to the bloodstream(which is hard to understand if your not medically inclined. as ME.  the only known medical reason for the instrict factor to dissolve itself is a cancer type disease like leukemia  (which scared me shitless) or drinking alcohol in excess ..which I never drinked alcohol..never had the taste for it I guess.

So I been taking the B-12 Injections ever since.

They ruled out alcohol and degenerative conditions/other diseases for the cause and put unknown cause, No one else in my family has this condition.

It maybe too late to file a claim because I never filed a claim for this  because I am not sure it was military related? and it's not on the A.O. Presumption List.

Hello Buck52... No sir, that's what I've been trying to say the whole time - I have anemia. NOT ‘Aplastic’ anemia nor "Pernicious" anemia - simply anemia.

My anemia stems from blood loss but it's not enough blood to get those b-12 shots, injections or have infections. 

Aplastic is the category that taking those injections and getting infections fall under which again, I don't have.

Is "Pernicious" even on the list for anemia? You should look at your symptoms and then match it with the diagnosis code and put in a new claim. But never give up.