Need Some Help - Locating older Rating Schedules

[green]

I received my C-File today on CD Rom.  I was able to find within 15 minutes documentation that:

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).  They stated that it was not paid but was taken into consideration for my primary disability rating.  I need to find a rating schedule that was in effect in 1987 and in 1995 for diseases of the peripheral nerves (8510 - 8540) and the criteria for establishing mild, moderate, severe.

I have the current criteria but I think I need to make certain I understand the criteria back then.

Any help would be appreciated.

 

Thanks, and blessings on you and yours.

Green

[Berta]

 "So I was notified about my recent request for rating on new secondary conditions about 10 months ago.  Do I file a NOD on the dates they used and point out the records they didn't consider and ask that they backdate to 1987 (or 1995 at the latest for the PN) and 1995 for the SMC-K award?  Do I ask in the NOD form that they CUE themselves on this matter (after I attach the documents and the rationale)

If you are still within the NOD one year timeframe,(it looks like you have only 2 months left on that) you can ask them to CUE themselves on that decision.BUT you should also file a NOD separately, in case they dont resolve the CUE within that 2 month period.

"Additionally I have PN awarded in the current award but they only provide a rating for the peroneal nerve when I have nerve conduction study evidence that the tibial nerve is also affected."

I am glad you told us that-they have acknowledged the PN.Is that the decision from 10 months ago?

Or a more recent decision?

Did they show on the Evidence list, the nerve conduction study?

 

 

 

[Berta]

This following case seems to take into account the change in the diabetes criteria due to a report from  WHO (World Health Organization)

The change to the diabetes criteria seems to have come in 1996 and the VA diabetes Fast letter was in 1997.

 

https://www.va.gov/vetapp94/files1/9404350.txt

I wish I could help more. The VA service connected my husband's DMII due to AO exposure and agreed it contributed to his death, in 2009.

But they have never rated it at all.I had 3 IMos for that claim because it was in fact a severely misdiagnosed condition but I had already won DIC under 1151 for wrongful death.I used the old 1997 VA Training letter to prove he had undiagnosed and untreated  diabetes and my IMos reflected that the VA had to use the most favorable diabetes criteria, as he4 died prior to the 1996 change in the DMII glucose criteria.

Maybe someone here with a past diabetes rating can help more....

I didnt care about the lack of rating---this was a direct SC death award- and was the most important claim I have ever had. It took a long time for me to prepare and refer to specific medical records.Dr Bash had the IMO done within a week after getting my stuff.I had sent him with the records, a very extensive cover letter. I knew he would agree with my lay medical opinion, that the VA med recs supported.

In the IMos Dr Bash also diagnosed PAD and PN,as well, due to the DMII. I have never claimed them as they rated these a different way, in a different claim.

The problem with severe VA malpractice is that ,as in this case, the diabetes was never diagnosed or treated at all by VA, even with considerable medical evidence that it should have been and maybe I should have pushed for a rating. But I didn't.I was very happy with the outcome.

Hopefully other here will chime in on the PN and the diabetes.

The VA has to rate PAD separately ( peripheral arterial disease) that often comes with being diabetic with atherosclerotic involvement ,due to the diabetes, to the extremities..

[green]

3 hours ago, Berta said:

I am glad you told us that-they have acknowledged the PN.Is that the decision from 10 months ago?

Or a more recent decision?

Yes, I was awarded PN in the decision from 10 months ago.  The problem is the date.  I beleive they should have awarded back to 1987, then went to 2003 I believe.

Did they show on the Evidence list, the nerve conduction study?  Yes, they did reference the nerve conduction study in the C&P notes.