xxFISHxx

I appreciate the response as it clarified everything for me. One question I do have is this: My VSO refused to accept the BVA case as a reference in support of my claim. Knowing that the DRO does not have to accept the findings in the BVA case, I still think it would have a some sort of influence on my claim, showing what others have rated this rare disease under in the past. I think my VSO was wrong in refusing to accept the reference (whether it has any weight on my claim or not). What are your thoughts? Do you think a non-precedential case would have any weight in the support of a claim?

My disability claim is currently at the DRO level and I am trying to gather additional facts and information to support my claim. While conducting research, I came across several BVA decisions that support my claim. While discussing my claim with my VSO, she informed me that I am not able to reference BVA decisions in my claim. Is this true? I understand that each BVA case is specific to each veteran, however in my case it doesn't make much sense. Amongst other things, I am service connected for a rare terminal disease called Aggressive Systemic Mastocytosis. Since there is no rating code for this disease, the disease must be rated analogous to a ratable condition within the Hemit and Lymphatic System. The VA rated my disease under anemia and assigned a 0% rating. I discussed this decision with my doctor who was outraged that the VA would rate my condition under Anemia, which she stated is not even close to being analogous to Aggressive Systemic Mastocytosis. I provided my doctor with the Hemic and Lymphatic rating schedule which she determined that the only analogous condition on the list was Leukemia. In fact, many times Aggressive Systemic Mastocytosis will actually progress to Acute Myeloid Leukemia. My doctor wrote a detailed letter explaining why my disease should be rated as Leukemia vs. Anemia, as well as a detailed explanation of my disease progression, constant need for aggressive treatment, and continuous medical observation. Additionally I discovered a couple of BVA decisions where the BVA rated Systemic Mastocytosis under rating code 7703 (Leukemia). When I provided these documents to my VSO today, she informed me that I am not able to reference BVA cases in my claim. Is this accurate? Am I able to reference BVA cases in support of my claim?