IS THIS A CUE?

[70%&sfsystem]

 Good morning everyone 

 I’m very new to this site but have followed a lot of things and got a lot of information but now I need help with your past experiences and knowledge I exited the army and 94 with six service-connected disabilities fast forwarding life they have all gotten extreme and worse I was naïve in the beginning and learn to file for higher ratings and currently now at 70% up from 10 but after reviewing the site and reviewing my decision letter  it seems that my lower back lumbar service-connected is rated at 10% which includes my upper back can they write that as one rating or is that that separate I’d like your thoughts and help on this matter if anyone knows thanks so much ?!?

Edited November 9, 2018 by 70%&sfsystem

[broncovet]

The only real way to see if you have a CUE error is for an experienced professional to review your decisions and cfile, because, sometimes there may be CUE but it is often not what the Veteran thinks is Cue, as many simply dont understand CUE.  

This said, my intuitive answer is as follows:

Once service connected, your disabilities are rated by "symptoms".  Pyramiding prevents you from being paid for the same symptoms twice, that is, for example, if lower back caused you to miss 2 days of work a month, you wont get that for upper AND lower back also.  It would be necessary to try to seperate your symptoms from lower back and upper back to seperate them.  You may be entitled to additional benefits..for worsened symptoms, but I dont see a cue based exclusively on what you posted.  Im not saying there is no cue, Im saying that I dont see it in what you posted..your records, could, indeed, demonstrate a cue error not necessarily the cue you posted, tho.  

More importantly, you are likely seeking additional benefits, not trying to prove va made a cue.  There may well be better ways to do that, cue should be a last resort.  

1.  Are any of your claims in the appeal period?  If so, appeal.

2.  Have you submitted new and material evidence (38 cfr 3.156 b) or new service records, (3.156 c)?  This can/should reopen your claim and get you an earlier effective date the same as a cue, but making it more likely you get the benefits.  

     You have to show a specific regulation the VA violated with cue.  What regulation is it you propose the VA violated?  

[70%&sfsystem]

Thank you Broncovet

 Yes I’ve been in a NOD for two plus Years and just recently August 8 of 2018 switched over to ramp when I refiled for higher ratings I also put in for six secondary ratings they have denied all my secondaries so I had DBQ Done on all of them from private medical doctors outside of the va  in submitted those so I’m hoping for good things I just happened to be reading my prior award letter in seeing where it states I have gone from 0% to 10% on my lumbar strain to include my upper back pain I just thought it was weird that they are rolling it into one  thanks for your response I appreciate it !

[Carl the Engineer]

Lumbar and Thoracic are rated as one.  Cervical is rated as one and separately from the Lumbar/Thoracic.

I am rated 20% Lumbar/Thoracic for Range of Motion and then 20% Cervical for Range of Motion.

Degenerative Arthritis gets you service connected at 10% by x-ray evidence.  20% and higher ratings are for ROM.  Bed-rest gets you the big numbers, but doctors don't prescribe that anymore, so its just the VA rating reg being from the stone-age.

Good luck,

Hamslice