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CUE for Eczema-like condition denied :-(
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JustGettingStarted
I sent this CUE to Berta on another thread and she thought it was really good. However, I just got a denial from the St. Pete VARO today (they are really illiterate).
At issue is the fact that any conditions similar to dermatitis or Eczema are rated under code 7806. These conditions can be rated on amount of body they cover, or more importantly, how often you have to take "systemic medication" for them. Systemic medication is usually defined by the VA as oral medications or injections, but not topical medications and if you take it constant or near constant, the rating is 60%.
In the denial letter, I am still service connected for a skin condition at 0% as I was in 2009, but the VARO completely ignored the fact that I have been on constant systemic medication since 1998 and should be rated at 60%. The medication was completely ignored in the decision. I provided military medical records from 1998 where I was put on constant medication, and Bluebutton pharmacy records from a military facility that date back to 2004. All that evidence was submitted with my CUE.
I thought this was going to be so cut and dried, and now I know why so many people complain about the VA ignoring the evidence and why the appeal system is so backed up. I guess I will be getting on the hamster wheel and ask for a reconsideration/DRO Review/Appeal.
Anyway, I attached a redacted copy of the CUE that I did in the event someone can use it as an example. I hope it works better for them than it did for me.
JustGettingStarted
Motion for Cue-REDACTED.pdf
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JustGettingStarted
LOL Berta, I have already included the 2002 Title 38 in my new CUE I'm drafting. It is the entire reason they should have rated me at 60% in 2009! This is the law they are not following which c
EODCMC
I would explain your reason for a C&P postponement on a VA form 21-4138. You can submit this through e-ben. If you are using a VSO, I would even back that up with an e-mail to them. This comes fro
Berta
It would be good to have, at the C & P exam, anything with you from your VA med recs that shows this: . " It wasn't until 2002, 4 years later, that Code 7806 was changed. In 2002, skin condi
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