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Possible CUE win?

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SPO

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So after some prompting from some friends I got an appointment with the DAV to look at what I thought would just be a new claim to ask for in increase on my psoriasis claim (10%).  After the DAV reviewed my records, including my C-file it looked like the VA had ignored some evidence that would have given me 30-60% rating for psoriasis, which is based on the use of immunosuppresive medication.  We couldn't find a copy of my civilian dermatologist medical records in the file, but we did find where I provided them with the information to locate the records and a note asking them to retrieve them.  No where in my C&P exam did it state the I told them I was on that medication, but in my decision letter the cited the use of immunosuppresive medication to treat the condition (information only available through my private doctors records.)  Also I believe that the VA did not fulfill its duty to assist in accordance with federal regulation under title 38 CFR 3.159, which states they must provide notice as to the identity of the records they cannot obtain, as well as what efforts they have made to obtain them.  No letter of that type exists in my file.  The only letter is a generic letter asking if there is anymore evidence I would like to provide (no specifics included). 

Using these medications for 6 weeks or more in the last 12 months (at the time the application was filed) can lead to a 30% or 60% rating.   My decision noted other items to justify the 10% but did not mention the immunosuppresives in the paragraph that tell you why you got that rating. The DAV reps submitted a CUE for me, so if we are right I should be back dated to December, 2009. It could possibly take me from a 30% overall rating to 50-70% overall depending on which criteria they think i meet.  Any else seem like this should be one for the veteran win column?

Edited by SPO
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I like the sound of a few weeks, not getting my hopes up though.  I did talk to the call center rep and they have requested my Service medical records.  Any idea why they would need them?  hoping just for verification.

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So now I think the VA may be screwing up my claim.  I received an email with a medical release form from the philadelphia regional office, with a return address to the Philadelphia pension center. I am not retired, any idea what is going on here,  I am in the baltimore RO area.  Not sure who to return this form to.

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If it has been quite some time since your last decision, they would probably need the SMRs again.

But you mentioned the 'call center" said that...I assume you mean 'Peggy' -(the 800-827-1000#)

and they are not very accurate at all.

This latest info as to the Phila Pension center makes no sense at all to me.

You could check with the DAV rep or maybe best to ask IRIS what is going on :

http://community.hadit.com/topic/68082-requested-documents-overdue-please-assist/

Tbird’s link to IRIS today.

Request an email reply from IRIS, because ,by phone, VA can make something up.

 

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The email came directly to my personal email, not ebenefits.  I did verify that the email address and fax number belonged to the VA at that office.  The 1-800 people told me that its possible the pension center is assisting because a CUE is more along the lines of an appeal and they have been assisting on appeals, and they probably sent the medical release form because the uploaded documents weren't available to view in ebenefits yet.  The email came the same day the claim was submitted..

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Just realized that they claim in the decision letter to have sent me a letter "providing duty to assist requirements and requesting completion of release form for treatment records."  Is that statement going to kill this CUE? didn't actually see a letter in my file asking for a release, just asking if I want to submit anymore evidence.  Unfortunalelty I don't have the file where I can look at it, the DAV had access to it.  Also is it unusual for the VA to ask for a new C&P exam while doing a CUE, because I was just informed they did.

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HUH? The VCAA does not apply to CUE claims...and why they ordered a new C & P is beyond me...

I think this claim might be snafued and fubared already, and I think you need to use IRIS to see what is what.

It would make sense that they could have farmed out the CUE to another RO because VA is so far behind these days but something seems very wrong here. 

I feel you should ask IRIS if they have the CUE claim, and why the need for a C & P. Use the RO's name that farmed it out first,in the IRIS Menu ...and see what they say...

After your reply comes from IRIS ( I suggest getting hard copy email of it)-- if that does not make sense I can try to give you the RO director's phone and/or fax number....for both ROs involved.

 

 

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