1 pointI am also interested in your question regarding massage therapy. My VAMC's physical therapy clinic gave me a heating pad for my back. It was A/C only, but I bought a power inverter so I can use in while driving.
1 pointYes it was my SMR and the third and fourth page is the decision letter. Yes they stated that they reviewed my records numerous times and missed the arthritis in hand part. If I remember right there’s another page that states that I had arthritis x5 months. Yes I’m sure he sent that page in for evidence. I don’t know if he used 38 USC 4.6! I hope that they agree that it is a CUE and rate it at least 10% back to 98!! That will be a good chunk of change even after the 20% lawyer fee.
1 pointI felt that one of the docs was a SMR that stated arthritis in hand-( the 4th page you scanned with yellow highlighter on that statement) but if that was an SMR page, ( I think it is ) I am sure your lawyer sent it to the VA to support the CUE they wrote. Did you lawyer use 38 CFR 4.6 as the regulation they violated? If thery said they read your SMRS they missed something probative, that would fall under violation of 38 USC 4.6: “Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “ 38 CFR 4.6 If they didnt mention your SMRs at all as evidence that would be a 38 CFR 3.156 claim-requiring a submissions of that SMR page. https://www.law.cornell.edu/cfr/text/38/3.156 Read 3.156 (C)