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HadIt.com Anniversary 24 years on Jan 20, 2021
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Invalid DTA error in HLR ?


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A higher-level review of your claim was conducted on ..., the issue of degenerative disc disease, lumbar spine (claimed as back), was returned for a duty to assist error. The decision review officer (DRO), returned your claim for the additional medical examination and opinion to answer the question of wither [whether?] the Veteran's claimed condition which existed prior to service was aggravated beyond its natural progression by the claimed condition ...

Problem is that the Veteran's claimed condition is "Service connection for degenerative disc disease, lumbar spine (claimed as back) as secondary to the service-connected disability of left ankle osteoarthritis". Since it is based on a service-connected disability, it cannot have "existed prior to service".

Does this meet the criteria for a CUE?

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It is your call; most attorneys have a no pay unless you win clause, but you do not have to have an attorney at the BVA level. An attorney may win a remand a little faster, but you can submit your dis

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On 11/22/2020 at 2:23 PM, kanewnut said:

You can have a condition that the military knows about and still lets you in. If service aggravates it you could get compensation. 

You had an exam  before entering service and one when leaving service. Does your exam before entering service show any conditions?  If it doesn't show a back condition before entering service you have something to argue with them about. 

There are no exams showing I had a back condition when I enter the Army and I did not have a back condition when I entered the Army. Nor did I have a back condition when I retired from the Army so did not have an exam showing a back condition when I retired. My back condition was diagnosed after I had been out of the Army for awhile.

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2 hours ago, dwbell99 said:

There are no exams showing I had a back condition when I enter the Army and I did not have a back condition when I entered the Army. Nor did I have a back condition when I retired from the Army so did not have an exam showing a back condition when I retired. My back condition was diagnosed after I had been out of the Army for awhile.

Basically, the DRO/HLR was not paying attention and no one caught it. You are going to have to write a statement in support to explain that you were filing secondary to your service-connected condition and not direct, primary, nor aggravated by service. You may also have to file an appeal.

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1 hour ago, pacmanx1 said:

Basically, the DRO/HLR was not paying attention and no one caught it. You are going to have to write a statement in support to explain that you were filing secondary to your service-connected condition and not direct, primary, nor aggravated by service. You may also have to file an appeal.

Looking to submit to VA Board Appeal just not sure if TVC (my VSO) who does not have an attorney available in Waco office or get an attorney that will charge me 20%. What are your thoughts? 

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6 hours ago, dwbell99 said:

Looking to submit to VA Board Appeal just not sure if TVC (my VSO) who does not have an attorney available in Waco office or get an attorney that will charge me 20%. What are your thoughts? 

It is your call; most attorneys have a no pay unless you win clause, but you do not have to have an attorney at the BVA level. An attorney may win a remand a little faster, but you can submit your disagreement yourself or with your County Service Officer. Either way the BVA will either remand your claim or deny it and if they deny it then you will need an attorney to file with the CAVC.

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