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diegogarcia67

Guidance Needed Please

Question

I have recently been awarded 10% for psoriasis that I developed in the military back in 1988. I am currently on Enbrel and have been taken it for six years. I sent the VA a copy of my records from my private doctor showing when I was placed on this medication and am currently taken Enbrel. I appealed their decision of 10% based on their C.F.R. Title 38, part 4 section 7816 which states a constant or near constant systemic therapy such as immunosuppresssive drugs required during the past 12 month period should have a rating of 60%. Now they sent a letter stating they need more evidence showing that the service connected psoriasis has increased in severity. My medical records shows how they treated me for the psoriasis in 1988 and my current doctors treatment as of today. What other evidence would they need and where in the C.F.R which I quoted above does it mention it has to be an increase in severity? Has anybody else had this problem?

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This 2008 BVA decision shows how they rate this condition and what they are looking for as to the rating percentages:

http://www4.va.gov/vetapp08/files2/0813107.txt

Even if they have all your med recs-send them copies of those records that warrant the higher rating.

Go over the evidence they used and the decision carefully to see if they missed critical evidence for a higher award.

And send everything with a proof of mailing.

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forgot to add- the ratings for this condition changed and the BVA in this decision seems to indicate that the veteran in this decision (and maybe this would apply to you as well) should come under the most favorable regulation for proper rating.

Since you have a direct SC now from military (even if it might have been originally "0" % SC- I think the 1988 discharge date might put you into either regulation-the most favorable one being the one that would benefit you the most.

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To follow-up on Berta's advice, The R/O does send out a number of VCAA notices asking for such info as you stated, while your claim waits for adjudication. Sometime these notices are redundant ask for the same info over and over. However, this is purely a functionary request while your claim moves closer to rating. Follow Berta's advice and your bases will be covered.

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Thanks for mentioning that poolguy- yes these requests can sure be redundant but I feel that it never hurts to re-copy and re-send to them anything they request-

just in case-

and any request they make -with a response -gets what might have been sent in the past, closer to the top of the C file where they cant miss it.

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Thanks for mentioning that poolguy- yes these requests can sure be redundant but I feel that it never hurts to re-copy and re-send to them anything they request-

just in case-

and any request they make -with a response -gets what might have been sent in the past, closer to the top of the C file where they cant miss it.

Yup, Berta.

Like it took 4 - 5 times of them finally NOT missing my SSA records :)

Stay warm, Happy New Year!

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