Ulnar Neuropathy

[awgv001]

Short backstory, - Original claim date 2012

I was diagnosed and had surgical intervention on 2 different accounts for ulnar neuropathy in 2010 in service.

My original claim (separation exam 2012) was for ulnar neuropathy ONLY, and muscle injury was unclaimed and/or not added to this list.

STR's clearly show atrophy and weakness in grip strength etc. in post operative reports and all the physical therapy I went through.

I want to claim muscle injury, but never attempted to as I felt like it was an extension to the nerve issue. Group VII - Code 5307 right?

I wasn't sure if it could be claimed separately. Would this be pyramiding?

My question is -

It was never added as a claimed injury in my original claim, though it is clearly related to the ulnar neuropathy I'm SC'd for as a secondary.

What should I do? Am I out of an EED because it went unclaimed, though there's an abundance of evidence that supports that muscle injury was present at that time?

Since it's been so long, do I have to file a New or Secondary claim or do I seek out CUE?

@Vync @Buck52 @pete992 @Berta @vetquest @shrekthetank1 - Intent to File has been partially completed - but I'm holding off on submitting it if it's the wrong directions for this particular case.

Edited March 11, 2020 by awgv001

[Buck52]

awgv001 

IF YOU WERE INJURED WHILE IN THE MILITARY AND YOU CAN PROVE YOU WERE INJURED WHILE IN THE MILITARY AND THAT INJUREY IS BOTHERING YOU NOW AND KEEPING YOU FROM A BETTER QUALITY WAY OF LIFE...>   YOUR ELIGIBLE TO FILE A CLAIM   IF YOU HAVE THE MEDICAL DOCUMENTATION TO PROVE AND BACK UP WHAT YOU SAY.

FILE THE CLAIM    filing a ITF gives you an extra 12 months to put your claim together or prefect it  but remember with the VA Nothing is ever perfect to the VA  they seem to find their little tricks  to deny. BUT YOU CAN SURE MAKE IT HARD FOR THEM TO DO THAT.

[awgv001]

19 minutes ago, Buck52 said:

awgv001 

IF YOU WERE INJURED WHILE IN THE MILITARY AND YOU CAN PROVE YOU WERE INJURED WHILE IN THE MILITARY AND THAT INJUREY IS BOTHERING YOU NOW AND KEEPING YOU FROM A BETTER QUALITY WAY OF LIFE...>   YOUR ELIGIBLE TO FILE A CLAIM   IF YOU HAVE THE MEDICAL DOCUMENTATION TO PROVE AND BACK UP WHAT YOU SAY.

FILE THE CLAIM    filing a ITF gives you an extra 12 months to put your claim together or prefect it  but remember with the VA Nothing is ever perfect to the VA  they seem to find their little tricks  to deny. BUT YOU CAN SURE MAKE IT HARD FOR THEM TO DO THAT.

Yes Buck, sorry if I seem a bit repetitive, however the question is focused on how to handle the unclaimed portion of a disability related to nerve surgery I had in service.

To further clarify, diagnostics and measurements were taken... and muscle injury never made it onto my original claim despite years of PT.

It is without any doubt that it will be service connected, albeit I don't know if it is considered pyramiding or not. I'm just trying to preserve the best EED that I can, and it seems the only way if its even possible would be to CUE it, but since it was unclaimed...I don't know for sure how to proceed without potentially making more of a mess.

 

[Guest]

First things first, check out 38 C F R part 4 and find out what your rating could be, then file a new claim not a CUE Claim. I say this because depending on how you filed your claim and how VA rated you may be correct.  Sometimes VA does get it right. If the claim is granted then say oops, I want to appeal the effective date and submit your evidence. This in a way goes around filing a CUE Claim but the results would be the same with less of an uphill battle. 38 C F R 3.156 is a great way to get an EED. How did you file your claim ? How did VA rate your condition?  OK, you know the drill, can you copy and paste the decision redacting all personal information? like name, SSN or anything that personal.

[GBArmy]

Of course I agree with Buck; if you are injured while in service, you can file. I am not a CUE guy by any means, but I can't see how it would fly. Has to be clear cut that they violated law and you were denied improperly and harmed. Seems to me that would be hard to do in your situation, as you yourself weren't sure whether it was part of the original disability symptoms and it was pyramiding. The VA is going to go the same route. They won't just roll over on a CUE.  And you are going to get a very good IMO from a specialist to support a separate disability.

[ShrekTheTank]

I agree with the above.  With that said I need a bit more information.  When did you actually win your case?  Did you appeal for anything else?  meaning did it stay open any longer?  If not then I would say you have to file and get service connected first.  During this fight I would add in all the Eelier dates you reference if you want to fight for an EED.  They will deny it.

Next if you want to fight for your EED then File an appeal once you have won your SC.  I know this is a very long process, but you can't put the cart before the horse in this situation.  You can win this, but it is a very hard fight!  

[awgv001]

3 hours ago, pete992 said:

First things first, check out 38 C F R part 4 and find out what your rating could be, then file a new claim not a CUE Claim. I say this because depending on how you filed your claim and how VA rated you may be correct.  Sometimes VA does get it right. If the claim is granted then say oops, I want to appeal the effective date and submit your evidence. This in a way goes around filing a CUE Claim but the results would be the same with less of an uphill battle. 38 C F R 3.156 is a great way to get an EED. How did you file your claim ? How did VA rate your condition?  OK, you know the drill, can you copy and paste the decision redacting all personal information? like name, SSN or anything that personal.

Alright, My rating for left forearm muscle injury I believe most closely fits the 20% rating for Moderately Severe muscle disability --

"This wound would need hospitalization for treatment, have the constant presence of the cardinal signs and symptoms, and would significantly interfere with the ability to work."

The VA rated my original claim (2013) of Ulnar neuropathy (30%), and left wrist strain (0%) (I just had a new C&P though for the wrist and awaiting results.)

Sounds like a good plan to me @pete992 I'm going to finish filing the claim this morning then and we will see where it goes. I'll post a copy of my original award here.