Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
JBrown76

Possible CUE claim?

Question

My husband was medically discharged in 2002. He got his VA rating in 2003. In his VA rating, they state they do not have his complete medical records. On his Rating decision from the VA in KS they state for evidence they have his VA exam in 2003, a partial service medical record that includes his enterance physical from 1993 and 3 pages from his left knee surgery. That was the only medical records they had. 
He got 10% for his left knee, but was denied his right knee, his wrist condition, and his heat stroke where he was air lifted from the field and was a level 3 tramua. 

On his wrist condition, they state- the VA exam found no current disorder. and that there was a history of sprains. They go on to say, the complete service medical records are not available and it is not known whether there were wrist complaints in service. Since no current disorder is found, service connection is dened. 
Aren't they completly contradicting themselves there? And there are no history of sprains in his records, only a diagnosis of wrist tendonitis. 
How could they have done a complete review without his complete records? He even brought a copy of his records with him to his first VA appointment and they stated they had all his records.

He then went back to the VA for an increase in his knee rating and to reopen his right knee and his heat stroke. Again he brought in his right knee surgery MRI, xrays and surgeon notes. The doctor would not look at them since they were on a disk, and refused to let me in the room with him even after he asked to have me with him. Again they did not have his records and he was denied an increase and they denied service connection for his heat stroke. 

He has reopened his claims again this time, and asked for an increase for his left knee. We have notes from 2 civilian doctor stating his conditions have worsened and that they are from his time in service. He also has uploaded to ebenefits his entire medical file and civilian doctors notes. He has 2 screws in his left knee and a 7 inch scar. Does nayone have any advice on how to proceed. Is this a CUE or do we need to just continue to appeal or reopen if he gets denied again? 


 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I first would like to say that some doctors do not let the spouse into an exam.  I believe this is not right, the one doctor who did not allow my wife into an exam was dismissive and rude to me.  

Are you still within one year of his last denial?  If you are I would file an NOD instead of reopening his claim and save his filing date.

If he has his complete medical records I would suggest bringing in relevant records to his C&P with the important parts marked out with tabs.  I would also do this if filing an NOD.

I would suggest getting his c-file from the VA.

If you have his complete medical records and submitted these to the VA and the VA did not properly review them then he might have an avenue for QUE.  I will let @Berta fill you in about que since she knows this better than anyone I know of.

The last matter is service connection for heat stroke.  This is a difficult one.  I was discharged administratively from the USMC for problems related to a heat stroke and fought long and hard for the VA to rate me for residuals.  There are many side effects of a heat stroke that can be rated though.  Does he have headaches due to the heat stroke that can be classified as migraines?  Does he have any neuropathy?  That may develop later.  Is he affected by the heat today still?  Does he have any mental changes due to the heat stroke?  Where to start is here.  

long term effects of heat injury.pdf

Share this post


Link to post
Share on other sites
  • 0
2 hours ago, vetquest said:

I first would like to say that some doctors do not let the spouse into an exam.  I believe this is not right, the one doctor who did not allow my wife into an exam was dismissive and rude to me.  

Are you still within one year of his last denial?  If you are I would file an NOD instead of reopening his claim and save his filing date.

If he has his complete medical records I would suggest bringing in relevant records to his C&P with the important parts marked out with tabs.  I would also do this if filing an NOD.

I would suggest getting his c-file from the VA.

If you have his complete medical records and submitted these to the VA and the VA did not properly review them then he might have an avenue for QUE.  I will let @Berta fill you in about que since she knows this better than anyone I know of.

The last matter is service connection for heat stroke.  This is a difficult one.  I was discharged administratively from the USMC for problems related to a heat stroke and fought long and hard for the VA to rate me for residuals.  There are many side effects of a heat stroke that can be rated though.  Does he have headaches due to the heat stroke that can be classified as migraines?  Does he have any neuropathy?  That may develop later.  Is he affected by the heat today still?  Does he have any mental changes due to the heat stroke?  Where to start is here.  

long term effects of heat injury.pdf 40.99 kB · 3 downloads

He isn't within a year of his last denial. He went in 2013 after his right knee surgery hoping that this time they would rate his right knee and increase his left. No luck and he just gave up. Plus he believes that since he didn't deploy, he would rather have the VA concentrate on those veterans. 
As far as his heat stroke, he was air lifted from the field At Ft Polk, 106 degree core body temp and rescuitated twice before he got to the hospital. He was unconcious upon arrival. He was only responsive to pain and then only for a brief moment. He spent two days at the hospital. He's had headaches since then, but only one is documented in his service medical file. The whole heat stroke is documnted and there's about 10 pages of records for just it. 

I've made copies of his file and seperated them into each condition and highlighted the important parts. 

Thanks for your answer. Hopefully Berta can fill in on the details of a CUE. 

Share this post


Link to post
Share on other sites
  • 0
Posted (edited)

"He also has uploaded to ebenefits his entire medical file and civilian doctors notes. He has 2 screws in his left knee." 

Does that upload include all of his SMRs that he has?

Does any evidence list or decision contain anything that indicates they requested his SMRs?

Did he obtain his SMRs via NARA with a SF 180?

This is a CUE basis that has worked for me-

my RO countless times, ignored my probative evidence -those claims  did not regard SMRs but they too are Very probative evidence.

You can file this type of CUE any time during the appeal period, on a recent decision as well as on a very old decision.Recent decision CUEs go faster.

 

It is a violation of 38 CFR 4.6 ,if the VA ignores probative evidence.

They might have made no attempt at all, regardless of what they say, to have gotten the SMRs years ago.

Or they got them and didnt know how to read them.

 

"§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

38 CFR 4.6"

Can you can and attach here their last denial and the Evidence list for that denial.

Cover the C file #, name, prior to scanning it.

 

 

Edited by Berta

Share this post


Link to post
Share on other sites
  • 0

I'm not sure if I can attach any images yet. I only have the option to insert an image from URL. Is there something I'm missing? 

Share this post


Link to post
Share on other sites
  • 0

@JBrown76 Your account has been upgraded and your posts will now show immediately. You can now upload images. When uploading documents it works best to save them as a PDF and then upload them.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Permanent and Total from cck-law..com
      1:10 What is Permanent and Total Disability?

      2:05 Conditions that automatically receive a permanent and total rating (P&T)

      2:32 Conditions less likely to receive P&T

      4:29 How to find out if your VA rating is permanent

      6:03 Is there a VA form to apply for Perm and Total status?

      6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

      8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

      8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

      10:26 Stabilized Ratings

      11:26 Continuous Ratings

      12:57 What to do if VA proposes a rating reduction

      16:03 Final Thoughts & Tips

      https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

       
      • 0 replies
    • I filed a claim in october of 2018 for ptsd and TDIU, long story short I tried to do everything myself and didn't have the proper diagnosis so I was service connected for anxiety based on having a medical marijuana card diagnosis for anxiety but the rating was 30% and I much worse off then that. So I obtained a referral from the va to a fancy psychiatrist from the university of north florida's behavior health department and was diagnosed with ptsd, bi polar 1 and panic disorder. I used this new medical evidence as my supplemental claim evidence and filed it April 16, 2019 after receiving my letter March 20, 2019. My claim is now at Pending Decision Approval with an estimated completion date of july 2, 2019 which is super fast from all I have read. My question is, Am I going to be awarded tdiu with the evidence I submitted if they adjust me up to 70% which I think it will . Or if they award 70% for ptsd on this new supplemental claim will i have to re-apply for tdiu again? Or would that all be considered in the final review of the entire claim? Thanks for any help.

      1-22 1BCT 4th I.D. "Regulars by God"
      • 3 replies
    • how do you figure when they will start paying me at the 100% rate, housebound..?  They will start the pay before they finish the back pay?  That would be nice !!
    • Hello:

      If you receive a hysterectomy while you are filing for disability through the VA, will it still count?

      I am out of the military.

      Thank you
      • 1 reply
    • Help needed bad  Male MST
      Is there anything for a man who's been diagnosed with PTSD secondary to MST. I see all this information and it's primarily speaking as if it only happened to females. If anybody has any advice for a man who suffers from this condition please let me know I'm not alone. Also let me know of any coping skills you've learned as I have lived the last 25-30 years of my life in full flight from reality. 
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines