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Invalid DTA error in HLR ?
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dwbell99
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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pacmanx1
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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