killab2068

These are the files. Hope you are able to open. VAdecision2017a.pdf VAdecision2017b.pdf VAdecision2017c.pdf VAdecision2017d.pdf CUE Claim Statement in Support VBA-21-4138-AREBERTA.pdf

Hello all I got a decision from the VA on my CUE. I am attaching my "statement in support of claim" and the VA decision letter, in a zip file. The original decision awarded me 60% in 2015. I first put in a NOD, I cancl the NOD and put in a reconsideration(from their advice) and confused the VA. In their confusion the 1yr time expired making the decision final and I was instructed to put in a "CUE" in order to get the dispute resolve. So this is where we are now. Any and all advice/info will be greatly appreciated archive.zip

Once my statement is complete, how do I submit it? Do I upload it to ebenefits or do I fax it to the VARO or do I mail it certified to the VARO.

thanks for the advice, will do.

The dbq that was ignored was from my private doc.

The 2009 DBQ was submitted at the same time as the one used in the decision letter. It is also referenced in the decision letter on the list of evidence.

Berta, here is my "cue" statement. please advise for corrections, additions, or deletions. To: Columbia, SC VA Regional Office This is a claim of CUE, Clear and Unmistakable Error, under provisions of 38 USC 5109(a). I respectfully request the VA to call a clear and unmistakable error on part of the 07/17/2015 decision from the Columbia, SC VARO and to correct it. I state that the VA failed to apply the basic concepts and evidentiary requirements of 38 USC, Chapter One, Part 4, Subpart A, under 4.6 et al, Evaluation of evidence thus: “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. “ In the Decision Letter dated July 17, 2015 (enclosure #1), I was granted an increase to 60 percent effective March 16, 2011. The 60 percent evaluation was assign based on “near-constant systemic therapy required during the past 12-month period”. The effective date of March 16, 2011 derived from the DBQ completed on April 10, 2015 as explained in the decision letter. Diagnostic Code 7806 38 C.F.R. § 4.118 , A 60 percent rating is warranted ; if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs were required during the past 12-month period. The DBQ completed April 7, 2015 documented systemic therapy with oral medication 6 weeks or more during the past 12 month period beginning October 1, 2009. Diagnostic Code 7806 38 C.F.R. § 4.118, A 30 percent rating is warranted if systemic therapy such as corticosteroids or other immunosuppressive drugs were required for a total duration of six weeks or more, but not constantly, during the past 12-month. The VA's failure to consider and evaluate the evidence that the VA had in their possession manifestly altered the outcome of the decision dated July 17, 2015. The effective date of the service connected skin disease was compensable on October 1, 2009 and would have increased the rating from 0 to 30 percent beginning 10/1/2009 to 03/16/2011.

This is what was stated in the decision about the 1st DBQ "the dbq completed on april 7 2015 documented your skin conditions involved less than 5% of the total body area and less than 5% of exposed areas. The examiner documented you are treated with oral medications 6weeks or more during the past 12 months." this is an exact statement. Under Diagnostic Code 7806, a 10 percent rating is warranted if intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs were required for a total duration of less than six weeks during the past 12-month period. A 30 percent rating is warranted if systemic therapy such as corticosteroids or other immunosuppressive drugs were required for a total duration of six weeks or more, but not constantly, during the past 12-month period. A 60 percent rating is warranted if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs were required during the past 12-month period. 38 C.F.R. § 4.118 , Diagnostic Code 7806. The DBQ that was ignored showed that my disability was compensable starting oct '09 at the 30% rating. They started the 60% rating from Nov '11. I want to put in a cue for the 2yrs (Oct '09 to Nov '11).

I will tell you my situation due to being in the research phase in this process. I was denied an increase for a sc disability. I won an appeal against that decision. I submitted 2 DBQs as evidence but only 1 was used to establish effective date of compensation.

When or where in the process of submitting or filing a "cue" in ebennefits do you designate the FDC as a "cue"?