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

You may want to copy these regulations down and read through all of them  not just one paragraph or Provision...  if you see the one that pertains to you  keep on reading to make sure they can't get out of rating you the correct rating and EED that you deserve.

My reason for letting you know this  they seem to always come back with their way of doing things that lowballs us veterans.

Raters don't always follow the regulations and just pin a rating on us so if you  ''spoon feed them sort-of speak  with theses regulation that Vync posted...>  may help you probably know to do this  but just make sure you do .

Also if you use a VSO  or have a good friend that can help you decipher this chart  as to how to read this chart using the rows and cross rows  you can get a better understanding of how much you should be rated  or entitled to.  UNLESS YOU UNDERSTAND HOW TO USE THIS CHART?

I never could figure out these types of charts.

[awgv001]

1 hour ago, Buck52 said:

awgv001

You may want to copy these regulations down and read through all of them  not just one paragraph or Provision...  if you see the one that pertains to you  keep on reading to make sure they can't get out of rating you the correct rating and EED that you deserve.

My reason for letting you know this  they seem to always come back with their way of doing things that lowballs us veterans.

Raters don't always follow the regulations and just pin a rating on us so if you  ''spoon feed them sort-of speak  with theses regulation that Vync posted...>  may help you probably know to do this  but just make sure you do .

Yes, it's nice to be able to follow the posts I have made from my profile link so I don't lose track as often. My ability to focus and retain all the new information is hindered by the complications of TBI and compounded by sleep problems. It takes everything I have to be able to research, keep my files organized, and to retain my records when I travel so I don't accidentally lay them down somewhere and forget about them.

This may seem like a silly question @Buck52 . How do you use the regulation to keep the rater on the right path? Is it when you receive the decision and thus begin making your disagreement argument, citing the regs somewhere in the disagreement? (I've never cited regs on anything, paper or verbally, as of yet in any of my claims, but that should probably change, and get over my discomfort of telling them how to do their job "better") I have received the Rater "pin" you mention more than once unfortunately.

I have a VSO, but they have proven to be less than useful beyond faxing info and printing DBQ's and such for me IMO. My best example would be that as I initially went to meet them, they had no guidance for helping me obtain my C-File, and would not look over my claimed contentions via VBMS for issues I could/should have been rated for...I don't expect anyone to sit down and leaf through my medical haystack, but I feel like something should have caught their attention or waved a big red flag, especially since I walked in at 40% with unclaimed TBI and PTSD (among others) and was 90% within two years later..

As for friends...I have you guys, and I'm otherwise all alone in this journey. (I have friends, but they all went back home after service and I'm nowhere close to them besides phone calls.) Many of who I served with don't even utilize VA services, or have SC for anything at all. I fear the worst, but hope the best for some of them who will most likely backtrack to seek aid later in life.

I learned how to navigate the charts, albeit clumsily, by following what the doctors wrote verbatim through MHV or copies of my STR's, and then running a search for the keywords like "atrophy" or "rom" or "Dx" for shorthand stuff.

Speaking of lowball ---

I wish the separation exam doctor had looked at my NMA (non-medical assessment from my commanding officer) but I have to look at the date in regard to which happened first (I'm finally rated 50% for Migraines THIS YEAR, based on the same symptoms I have shared with doctors and examiners since 2012)

an example: My CO wrote that I missed 40 hours of work per week, doctor recorded I missed No work due to symptoms...(insert car crash sound) - Since the NMA wasn't evidence that was ever reviewed for my claim, would that be N&M evidence even though it's from 2012? It's way beyond the time to appeal so i just don't know if there's anything to really be done about it at this point.

I hate having so many questions >_< I feel like I pick ya'lls brains too much, though I'm extremely grateful for all the support you guys provide. My family and I wouldn't be the same without you.

Edited March 12, 2020 by awgv001

[Buck52]

Well  knowing the regulation LIKE THE ONES VYNC POSTED and rating criteria to what you claim is good to know , it gives you the knowledge to work your claim and they start doing things right because they know their not dealing with just an average veteran that don't know VA Regulations and they know they can't low ball you and  ''normally ''will read the regulations you show them. its using the CFR's to be in your best Interest so-to speak. to help you get your correct benefits.

BUT EVEN THEN THEY STILL TRY. SOME RATERS ARE JUST TO LAZY AND READ ENOUGH OF OUR EVIDENCE TO GIVE US A FAIR SHAKE (SO-TO-SPEAK)

Remember We Veterans are the best Advocate to work our claims...when the VSO we choose goes South on us.

Edited March 12, 2020 by Buck52

[Buck52]

As for as appeals or reopen claims and the EED you may want to read this link and the links in it that applies to your questions.

Source: Berry Law Firm.

https://ptsdlawyers.com/blog/common-reasons-why-the-va-denies-claims/

Edited March 12, 2020 by Buck52