KDM

In denial what can a form such as va form 38 CFR 3321(b)(1) do can anyone explain or should i open a new post?

Wow more I am a sponge!!!

Thanks

Wow Thanks again for the detailed info appreciated

This is Diagnostic code 7806 does this mean that either your body is 40 percent effected or the Corticosteroids in use it can be either one correct not both one or the other? More than 40 percent of the entire body or more than 40 percent of exposed areas affected, or; constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period................................................................................ 60 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected, or; systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period...................................... 30

I had been zero percent rated in 2004 and appealed it for an upgrade I won the upgrade in 2012 but they only back dated me to 2012 not 2004 saying they only found new evidence since 2012 I have always towl them about the evidence since 2004 and this is why I appealed as a matter of face the evidence has been there since I had the operation in 1984 in the Navy I just filed in 2002. I read 38 CFR 3.156 and I believe i should have favorable results maybe better then what i thought due to some new provisons that i read if I understood them well.

Thanks

Appeal claim in 2004 for scars upgrade evidence found in 2012 Early Effective Date would be?

I was told that they are signing off on a decision what does that mean can that be good or bad

treated with a topical Corticostiroid, Hydrocortyzone that I have to use at least three times a week (I use them five to six and I itch evry day) Affected less then 20 percent but more then five percent of my whole body and the exposed area. Summing it up I am a vet with PFB and secondary infected Folliculitus i have minamal scatter lesions seen on back and and left axilla which do not require incisions or drainage at this time he also has a folliculitus lesion on occipital area of scalp. VA Diagnostoc Code 7806 supercedes the PFB or Follulitus eczema warrants a 60 percent evaluation if it covers more than 40 percent of the entire body, more than 40 percent of exposed areas are affected, or if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs have been required during the past 12-month period. Dermatitis or eczema covering 20 to 40 percent of the entire body, affecting 20 to 40 percent of exposed areas, or requiring systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of six weeks or more, but not constantly, during the past 12-month period warrants a 30 percent evaluation. Dermatitis or eczema covering at least 5 percent, but less than 20 percent, of the entire body; affecting at least 5 percent, but less than 20 percent, of exposed areas; of requiring intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of less than six weeks during the past 12-month period warrants a 10 percent evaluation. Opinons and help please

treated with a topical Corticostiroid, Hydrocortyzone that I have to use at least three times a week (I use them five to six and I itch evry day) Affected less then 20 percent but more then five percent of my whole body and the exposed area. Summing it up I am a vet with PFB and secondary infected Folliculitus i have minamal scatter lesions seen on back and and left axilla which do not require incisions or drainage at this time he also has a folliculitus lesion on occipital area of scalp. VA Diagnostoc Code 7806 supercedes the PFB or Follulitus eczema warrants a 60 percent evaluation if it covers more than 40 percent of the entire body, more than 40 percent of exposed areas are affected, or if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs have been required during the past 12-month period. Dermatitis or eczema covering 20 to 40 percent of the entire body, affecting 20 to 40 percent of exposed areas, or requiring systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of six weeks or more, but not constantly, during the past 12-month period warrants a 30 percent evaluation. Dermatitis or eczema covering at least 5 percent, but less than 20 percent, of the entire body; affecting at least 5 percent, but less than 20 percent, of exposed areas; of requiring intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of less than six weeks during the past 12-month period warrants a 10 percent evaluation. Opinons and help please

ICD CODE -Folliculitus Lesions on on face date of Diagnosis 1981 Medical History Doctor Stated that lesions are on face and neck now and I am corrently service connected 10 percent for skin disorder. I Have developed Folliulitus Lesions on back and and in Axilliary ie Arm pits.backed up by Derm Clinic visit as well as furuncles ie boils in axillal causin scars and dusfugrment to face head and neck. He has been treated with a topical Corticostiroid that I have to use at least three times a week (I use them five to six and I itch evry day) she check 6 weeks or more nut not constant in the past twelv months It has affecte less then 20 percent but more then five percent of my whole body and the exposed area. Summing it up I am a vet with PFB and secondary infected Folliculitus i have minamal scatter lesions seen on back and and left axilla which do not require incisions or drainage at this time he also has a folliculitus lesion on occipital area of scalp. Ok I believe from the constant itching and the boils under my arms that i was givern anti biotics for Documented, and the law is VA Diagnostoc Code 7806 supercedes the PFB or Follulitus eczema warrants a 60 percent evaluation if it covers more than 40 percent of the entire body, more than 40 percent of exposed areas are affected, or if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs have been required during the past 12-month period. Dermatitis or eczema covering 20 to 40 percent of the entire body, affecting 20 to 40 percent of exposed areas, or requiring systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of six weeks or more, but not constantly, during the past 12-month period warrants a 30 percent evaluation. Dermatitis or eczema covering at least 5 percent, but less than 20 percent, of the entire body; affecting at least 5 percent, but less than 20 percent, of exposed areas; of requiring intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of less than six weeks during the past 12-month period warrants a 10 percent evaluation. Opinons and help please

ICD CODE -Folliculitus Lesions on on face date of Diagnosis 1981 Medical History Doctor Stated that lesions are on face and neck now and I am corrently service connected 10 percent for skin disorder. I Have developed Folliulitus Lesions on back and and in Axilliary ie Arm pits.backed up by Derm Clinic visit as well as furuncles ie boils in axillal causin scars and dusfugrment to face head and neck. He has been treated with a topical Corticostiroid that I have to use at least three times a week (I use them five to six and I itch evry day) she check 6 weeks or more nut not constant in the past twelv months It has affecte less then 20 percent but more then five percent of my whole body and the exposed area. Summing it up I am a vet with PFB and secondary infected Folliculitus i have minamal scatter lesions seen on back and and left axilla which do not require incisions or drainage at this time he also has a folliculitus lesion on occipital area of scalp. Ok I believe from the constant itching and the boils under my arms that i was givern anti biotics for Documented, and the law is VA Diagnostoc Code 7806 supercedes the PFB or Follulitus eczema warrants a 60 percent evaluation if it covers more than 40 percent of the entire body, more than 40 percent of exposed areas are affected, or if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs have been required during the past 12-month period. Dermatitis or eczema covering 20 to 40 percent of the entire body, affecting 20 to 40 percent of exposed areas, or requiring systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of six weeks or more, but not constantly, during the past 12-month period warrants a 30 percent evaluation. Dermatitis or eczema covering at least 5 percent, but less than 20 percent, of the entire body; affecting at least 5 percent, but less than 20 percent, of exposed areas; of requiring intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of less than six weeks during the past 12-month period warrants a 10 percent evaluation. Opinons and help please

The claim I am speaking about is a reopened claim that i was denied in 2009 when the CNP doctore made the following statememnts "malingering and faking, and that I have been in several rehabs and prison, in and out of trouble in the military etc and that I have antisocial behavior and that I am not suffering from Depression or Adjustment disorder due to my miltary life but most likely due to my lifestyle and that I would do anyhting to be servece connected" I repopened the claim in 2012 with new evedence from my two VA Doctors who wrote favorable letters for me as well as my Social worker and the CNP doctor who saw me in 2012 said it was at least as likely as not that my Adjustment disorder and depression come from my military issues and told me he thought that i should get ti with those comments 50 50 probabilty in the veterans favor. I then went throught the following process below and was denied I then asked for a DRO to look at it and then if neccasery send it to the BVA and I used reg reasonable doubt Step 1. Claim Received Your claim has been received by the VA. If you applied online with VONAPP Direct Connect, you should see receipt in your list of Open Claims within one hour. If you applied through the U.S. mail, please allow mailing time plus one week for us to process and record receipt of your claim. Step 2. Under Review Your claim has been assigned to a Veterans Service Representative and is being reviewed to determine if additional evidence is needed. If we do not need any additional information, your claim will move directly to the Preparation for Decision phase. Step 3. Gathering of Evidence The Veterans Service Representative will request evidence from the required sources. Requests for evidence may be made of you, a medical professional, a government agency, or another authority. It is common for claims to return to this phase, should additional evidence be required. Step 4. Review of Evidence We have received all needed evidence. If, upon review, it is determined that more evidence is required, the claim will be sent back to the Gathering of Evidence phase. Step 5. Preparation for Decision The Veterans Service Representative has recommended a decision, and is preparing required documents detailing that decision. If more evidence is required, the claim will be sent back in the process for more information or evidence. Step 6. Pending Decision Approval The recommended decision is reviewed, and a final award approval is made. If it is determined that more evidence or information is required, the claim will be sent back in the process for more information or evidence. Step7. Preparation for Notification Your entire claim decision packet is prepared for mailing. Step 8. Complete The VA has sent a decision packet to you by U.S. mail. The packet includes details of the decision or award. Please allow standard mailing time for your packet to arrive before contacting a VA call center.

The 2009CNP Doctor said I was malingering and faking, and that I have been in several rehabs and prison, in and out of trouble in the military etc and that I have antisocial behavior and that I am not suffering from Depression or Adjustment disorder due to my miltary life. 2012 CNP Doctor said that it is least likely as not that my depression and adjustment disorder stem from my miltray life, that I have diffuclty dealing with stressful situations, inability to establlish effective relationships, intermittent inabilty to perform activitys of daily living, neglect of personnell hygene etc, he also stated that in terms of living life there was a scale and i was next to last, I also have two letters from My VA Doctors who treated me in my favor and one other from my social worker in my favore the least likely as not term is 50, 50 probability ruled in the favor of the veteran. The board denied me stating the 2009 Docotrs CNP had more probative value and that these other clincians may not have viewed my C-file and that the infromation was subjective because it came from me ie I am a liar and that there statements offered no rational with no basis in facts (WTF) This is three doctors in my favor2012 and 2009 vrs one against me in 2009. I used reg 3.102 - Reasonable doubt to support my appeal and asked the DRO to review it before it goes to the BVA any help or Ideas please. probative value n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed by the trial judge against prejudicing in the minds of jurors toward the opposing party or criminal defendant. A typical dispute arises when the prosecutor wishes to introduce the previous conduct of a defendant (particularly a criminal conviction) to show a tendency toward committing the crime charged, balanced against the right of the accused to be tried on the facts in the particular case and not prejudice him/her in the minds of the jury based on prior actions 3.102 - Reasonable doubt.It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships.

Thanx Berta

Ok good info i will research the 3.156©(3)

Thanks i will take the advice

Had Eye Surgery for removal of bags surgery increase bags disfugured me what hsould I do I have already been to a Doctor at teh VA agread to redo the surgery, this is after I was in the Military agreed to do the surgery to remove bags to increase eyessight.

Had Eye Surgery for removal of bags surgery increase bags disfugured me what hsould I do I have already sean a Doctor at teh VA agread to redo the surgery

I was intially given a non compensatiable ie zero perscent on scar and inguanal hernia. I appealed in 2004 and had a CNP in 2012 they said they found new evidence or there was a new disabiliyt ie Pain . I am stating the pain was already there and this is an appeal for an upgrade they paid me the ten percent backed to march 2012 not 2004 and say they have upgraded my scar and hernia to ten percent hence I should be given the back date of 2004 of my appeal as I am saying the same conditins exist adn there is no new claim in period please explain this to me I am looking for a EED.

THANKS

Does the claims process become expidited when one is in a homeless situation ie shelter of in a hospital.

I need to know if there is a coralation between foliculitus and chronic dermatitus. I am 10 percent for a skin condition known as Foliculitus and have also had similar out breaks on my back, arms, neck, head, all over my body in spots constant itching changing of clothes shower twice a day and have had boils under my arms due to irratation of the hair, confinment etc, I put in for the upgrade and wonder if I have done it properly i have documented evidence ie the VA and the many times I have been to the Doctors for these problems even had and out break underneath my arms while in the Military should be documented. What should i be expecting in terms of response should i hand in citings of other cases and what percentage if any could i expect thank you for yuor time KDM, I am in NY area.

I need to know if there is a coralation between foliculitus and chronic dermatitus. I am 10 percent for a skin condition known as Foliculitus and have also had similar out breaks on my back, arms, neck, head, all over my body in spots constant itching changing of clothes shower twice a day and have had boils under my arms due to irratation of the hair, confinment etc, I put in for the upgrade and wonder if I have done it properly i have documented evidence ie the VA and the many times I have been to the Doctors for these problems even had and out break underneath my arms while in the Military should be documented. What should i be expecting in terms of response should i hand in citings of other cases and what percentage if any could i expect thank you for yuor time KDM, I am in NY area.