"It is also referenced in the decision letter on the list of evidence. "
So they sure had it but never considered it....or commented on it at all?
As long as the DBQ doc based the earlier EED on VA med recs he/she referred to in some way in the DBQ, that is probative evidence they should have considered.
Was this DBQ done by a VA doctor or a non VA doctor?
Who did the DBQ they used..... if their name is on it ,have you googled their name to see what their credentials are? Maybe they have no medical expertise at all in this type of claim.
It is definitely a CUE if the favorable IMO/IME was prepared with the IMO/.IME criteria here at hadit, to include a full medical rationale.A full medical rationale can be brief but needs to support the better EED from the established specific VA medical records.(which you could copy and send in with the CUE yourself as the records that the DBQ doc depended on.
We are not dealing with people who get it right off the bat .They often need it all spelled out for them.
Per this link, the PN should not be rated with the diabetes:
This is the results of my BVA search for peripheral neuropathy claims:
I went from 1992 (nothing earlier appears at the BVA web site) to 1996 but only had time to read through a few of them and could not find what you need.There were over 2,000 decisions regarding PN ....often an older BVA decision contains the regulations and rating schedules that are appropriate to the date they made their decision.
"Shows they made a CUE on a 1987 request for rating peripheral neuropathy and I made the same request in 1995 (I found a C&P which stated they agreed that I had peripheral neuropathy). "
Can you scan and attach the decision that says that? Cover C file #, name, address prior to scanning it.
Also you might contact Elder Hadit Member Asknod,
( Alex Graham) has been certified and accredited VA Rep
He is very good helping Veterans, He is fairly busy these days but He may could find time to help you, give him a shout in PM.
Type 1 Diabetes is my primary disability. My claim was for peripheral neuropathy in my feet. I'm looking for the ratings of the "Diseases of the Peripheral Nerves" (8510 - 8540) that were in place in 1987 and 1995. I have the old rating for Diabetes and it states that it inclues associated conditions that don't meet the criteria for their own rating. So that is why I need to read what that criteria included.
The write-up also stated that there was no evidence of peripheral diabetes. In 1987 the person who took a look at my feet said there was no reason to send me to a specialist and dropped it at that, and in 1995 the C&P showed a diagnosis of peripheral neuropathy, but did not rate the condition.
"nocturnal foot pain, physical exam was normal without evidence of peripheral diabetes" But on the C&P it states a diagnosis.
The current M21-1lll_iv_4_SecG , gives a mild rating for "subjective symptoms or diminished sensation " I don't know if this existed in 1987 or 1995. If it did, it's clear they made an error.