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need help fast on this CUE because they want me to change it to NOD

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paulcolrain

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please help soon friends because,,,

I NEED TO CALL MY VSO IN DC 2MRW BECAUSE HE JUST EMAILED ME SAYING THAT IF I WANT TO WIN A RECONSIDERATION CUE ABOUT A MISTAKE AT THE LEVEL OF THE AMC BVA LEVEL IM GONNA BE UP THE CREEK ONLY BECAUSE 5 OUT OF THE PAST 30 YEARS HAS BEEN GRANTED.

SOME BACK DROP ON THIS IS,,, MY APPEAL WAS GRANTED BY THE AMC IN DC AND I FILED FOR AN INCREASE AT THE RO.... WELL RO CALLS ME AND SAYS ITS THE WRONG JURISDICTION AND THAT HE IS LOOKING IT OVER AND AGREES WITH ME ON WHAT THEY MISSED IN THE RANGE OF MOTION FOR FUNCTIONAL LOSS ... SO HE SAYS HES SENDING IT TO THE ORIGINAL JURISDICTION OF THE AMC IN DC AS A REQUEST FOR RECONSIDERATION AND AS WE ALL KNOW THAT IS ACTUALLY CALLED A CUE. SO IM STUCK ON WHAT TO DO NOW PLEASE HELP AS I NEED TO CALL THEM 2MRW WITH AN ANSWER.

this is what DBQ states for abduction 

2014224015_DBQPG6(2).thumb.jpg.da0c4869e05498e3026725516c5fc1d2.jpg

this is what the decision letter said and why this is cue?????

1451566325_VADECISIONONAPPEAL082417PG8OF11PLUS17PGS.thumb.jpg.cabcce5b58a9eb2c014ad879112697a8.jpg

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It looks to me that diagnostic code 5252 would give you the highest potential rating:

This rating info is from a very recent BVA decision:

“Diagnostic Code 5251 provides a sole 10 percent rating for extension of the thigh limited to 5 degrees. “

“Under Diagnostic Code 5252, a Veteran is entitled to a 10, 20, 30, or 40 percent rating for flexion of the thigh limited to 45, 30, 20, or 10 degrees, respectively.”

“Diagnostic Code 5253 provides for a 10 percent rating where there is impairment of the thigh, resulting in limitation of rotation of the affected leg, such that he cannot toe-out more than 15 degrees, or there is a limitation of abduction such that the Veteran cannot cross his legs.  A 20 percent rating is warranted under Diagnostic Code 5253 where impairment of the thigh causes limitation of abduction of, motion lost beyond 10 degrees. 38 C.F.R. § 4.71a.”

https://www.va.gov/vetapp17/files3/1717172.txt


Yet

with proof of a higher rating under 5253, within the medical record in VA's possession, at this of this decision,  that could be the correct Diagnostic code,warranting the 20%.

It would probably take a serious review of your medical records to really determine what diagnostic code they should have used- that is what the IMO doctors are for-----or if you can get a better DBQ done.

I sure hope others chime in here- we certainly have vets here with these diagnostic codes for similar disabilities.

I don't see a hip rating....???

 

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Paul can you give us the Docket Number and Citation # of the remand?

It is here: somewhere 

https://www.index.va.gov/search/va/bva_search.jsp?QT=impairment+of+thigh%2Cleft+hip&EW=Remand&AT=DC+5253+++++August&ET=&RPP=10&DB=2017

but there are over 34 thousand cases there in 2017 with similar disabilities.

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