JustGettingStarted

I got another email yesterday concerning several conditions including SMC-K for loss of use of a creative organ due to endometrial ablation. Here is what the VA rep said: "A review was also done regarding your endometrial ablation and whether SMC K was warranted. Unfortunately, endometrial ablation without the removal of the uterus or ovaries, does not meet the requirements for a grant of SMC K. Our rating decision dated October 1, 2017, discussed the reasoning for the denial of SMC K." My response: " There is precedence for awarding SMC-K for endometrial ablation. BVA Citation Nr 1026353 states “Likewise, based on the objective medical evidence of record, the Board finds that the Veteran's disability is not for consideration under the rating criteria of Diagnostic Code 7618, as the evidence of record fails to show that her uterus has been removed. While the Veteran's ablation has rendered her sterile, she has been awarded special monthly compensation for the loss of use of a creative organ. The ablation, while destroying the endometrial lining of the uterus, has not caused the removal of the uterus, including its corpus as required for consideration under Code 7618. In addition, BVA Citation Nr 9914661 states “A VA medical opinion in February 1998 stated that endometrial ablation usually resulted in sterility. However, if a patient did become pregnant following such a procedure, it was highly unlikey that she would have a normal pregnancy and delivery.” It is medical fact that pregnancy after endometrial ablation is life-threatening to both the mother and child." I will keep you posted if there is another response.

I would ask for proof from the VSO you used to file your claim that it was actually filed. I waited 10 months with a VSO telling me everything was fine, to find out my claim was never actually filed. That was the only time I did not use eBenefits to file, and I will never make that mistake again.

This claim is getting interesting. According to my VSO, VA was doing up a letter for this claim (but now it is delayed by some of my other claims). In the draft, it said I was being increased from 0% to 30% on my uterine condition, but I was being denied SMC-K because there is no evidence my endometrial ablation was service connected (scratching my head since the endometrial ablation happened in 2006 while on active duty and I was service connected 0% when I retired in 2009). So what the heck is the 30% gyno increase for??? If the VA does increase my gyno to 30%, perhaps I will be able to CUE it back to 2009 since all that is based on events that happened before I retired. I haven't been treated for any gyno issues since I had the ablation in 2006. Or maybe, since my claims are back in the "Gathering of Evidence" stage, the VA will figure all this out, cancel the 30%, and just give me the SMC-K they should have given me in 2009. JustGettingStarted

Berta, I read that thread and it is very similar to my case. The only difference is that my medication is not an immunosuppressive, and I think that was the cause of the error. However, my medication is a systemic, and there are numerous BVA cases where vets are getting the higher ratings because they are on the same medication I am on. I think that is the reason the error was made in the first place. I will keep plugging away. I am preparing for my new skin exam, and you can be sure I will tell the next examiner the importance of the medication I am on. JustGettingStarted

John999, That would be good advice if I wasn't so far into this process. When I started doing this, on the advice of a VSO, I went for both options--there is no reason not to. This is really a simple case that was complicated by an inept C&P examiner. In my 2009 decision later it states "Service connection for [skin disease] has been established as directly related to military service. ... A higher evaluation of 10 percent is not warranted unless there is evidence of dermatitis or exzema involving at least 5 percent, but less than 20 percent, of the entire body...or intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total druation of less than six weeks during the past 12-month period....Service treatment records show that you were found to have [skin disease] in March 1997. Upon VA examination you reported that you continue to take [medication] on a daily basis to reduce flares of the condition, which occur once or twice yearly." So when I retired in 2009, the VA determined I was service connected for the skin disease and that I was taking daily meds. Based on the daily meds I was taking, and documented in my records, they should have given me 60% versus 0% - that's a clear error. I have my pharmacy records clearly showing I have taken daily meds from 2004 to present (I don't have records prior to 2004, but since I retired in 2009 it doesn't matter). Also, all this is documented in the 2009 C&P exam I had. The dates are also in the recent skin exam I had, but Dr Dufus didn't put down my meds. I have 3 CUEs now because of ratings that were left out during my 2009 decision and SMC-K that should have been provided automatically. Now it looks like I may have a 4th CUE to file but that is a whole other story and I have to clear up the SMC-K first. JustGettingStarted

Last week, I noticed my claim status changed to "Preparation for Decision". I emailed my VSO and he called me with some bad news; according to the system he has access to, the VA was drafting a letter to deny my CUE again because they said I missed an appointment on 8 Sept. My husband and I both know I never received a notification for this - in the past I received a FedEx package with the appointment information. I contacted VA and yesterday I received a call from a VA customer rep. she said the new skin exam was never scheduled and was letting me know that LHI would contact me to schedule another skin exam. LHI called me today to check on my availability and let me know the exam would be scheduled this month. I had a skin exam a few months ago, but that examiner left my medications off the DBQ after I had them listed twice on the questionnaire I was required to fill out, on a chronology I typed up, and on several pages of pharmacy records from Tyndall AFB. When I confronted this examiner on a knee exam I had later, he first said it was just a simple mistake. I brought out my paperwork from the skin exam and showed him all the places I listed it and explained his little error was the difference between 0% and 60% and that his error would delay my claim by months if not years. He changed his story and said he didn't feel like it was necessary to list the medication because my disease isn't in Title 38. I had to explain to him that if a disease isn't listed it is rated equivalent to another disease. This guy should really, really, be fired. Now I have to go to another skin exam, probably a 2-hour drive away, just to tell an examiner what medication I am on and my claim is going to take much longer. I have been watching eBenefits and Vets.gov. My claims went from "Preparation for Decision" back to "Gathering of Evidence" with a new estimated completion date of Aug 2018. I know why vets call the claims system "the hamster wheel". It keeps going around in circles and never seems to end. Still "JustGettingStarted" unfortunately.

Hi Berta, My VSO has access to the system the ROs use (VARSM???). He could see the decision letter they are drafting. I have emailed Congressman Neal Dunn's Veterans representative. I requested an appointment when I get back from my current travels. I didn't want to take advantage of Chief Deatherage unless I needed to, but I feel it is warranted now. He needs to see how messed up St Pete is. Chief Deatherage was the command chief that chose me for promotion to chief. He knows I am a very capable person. I talked to him previously off the record, but told him I thought I could handle this on my own at the time. I just did not know how screwed up this would get. Twice now the VA has increased me on things I didn't request increases on, and denied everything else except the peripheral neuropathy (but they didn't back date it as requested). But their increases didn't affect my overall rating, of course. Still JustGettingStarted

Hi Berta, I just checked eBenefits and Vets.gov. I should receive a decision by 17 Oct! I guess the VA decided they didn't need to do another skin exam after I responded to their email. I will constantly be checking for online updates over the next 3 weeks. Maybe I will get to change my name from JustGettingStated to FinallyGettingFinished. FGS After writing the info above I heard from my VSO. My entire claim file is totally FUBAR! The VA did not address the back date request for my peripheral neuropathy. They are denying my request for back date and increase for skin condition because they said I missed an exam. The exam was never scheduled and I have been calling VA every two weeks to see when they were going to schedule it. And here is the most messed up one of all. I requested SCM-K and that it be back-dated to 2009 when I retired. They increased my rating from 0% to 30% but denied the SCK-K because the most recent C&P exam did not show my condition related to service. Wait, what? How can they increase it but not relate it to my service. I am travelling now, but when I get home and get the official letter I am finally going to contact Sen Neal Dunn's office in an official capacity.

Hi Berta, I used one of the contacts you have me and they apologized for two unnecessary C&P exams, canceled my new Peripheral Neuropathy exam, but said I still have to go to another skin exam. At least that is progress. In addition, I am glad they had a complete review done on all my claims. I have 3 CUEs in the works - you've seen what I've submitted, plus I am trying to get service-connected for conditions at 0% that I should have received when I retired in 2009. On the PN, the last exam I had said I had it since 2000, and I retired in 2009 - since that is the exam they will need to use for my CUE, along with the one in 2009 that said I had PN, I really have my hopes up that the CUE will be approved this winter or spring, along with the two others. Here is the letter I got from VA when I complained about the unnecessary exams: "Good morning, I do apologize for the delay in getting back to you. I did have a full review of your file conducted so I could appropriately respond to your concerns. That review revealed that you have also submitted seven additional claims, some of which did require examinations. You are correct, however, that not all of those examinations were necessary. The exams for your gynecological and left knee conditions were not required and we apologize for any inconvenience you experienced in attending those examinations. Additionally, the peripheral neuropathy examination you have been scheduled for will be cancelled. We have requested an additional examination for your skin condition because of your statement that the report of the examination conducted on May 16, 2017 did not consider all of your medications. A new examination is needed so an examiner can review all of your medications and specify which skin medications are taken for which skin conditions. You will be notified of the date of this examination. Thank you for bringing your concerns to my attention."

Check the tabs that say "Needed from You" and "Needed from Others". I know from experience that if they list VA Medical Center under "Needed from Others", they are ordering one or more C&P exams.

Good luck!

I just found out that VA is sending me to another C&P exam for skin despite having a skin exam 3 months ago! In a way, I am happy for the do-over since the examiner left out all my medications, getting my claim denied. I was able to get the claim reopened the next day by uploading a letter to eBenefits pointing out that all the medications were in eBenefits and they were not addressed in my denial letter. However, it just seems like such a waste of time when everything the VA needs to reach a decision is in my records - I am service connected for the skin condition, and I provided my pharmacy records back to 2004 proving I am on constant use of systemic medications. That is a 60% rating for skin conditions rated the same as eczema. FYI - I confronted this examiner about leaving out the meds in another exam I had with him. He said that he did not think they were important because the skin condition I have isn't listed by the VA. I had to tell him that the condition is rated the same as eczema since it isn't listed and he has cost me months or years of time by ignoring the information I gave him.

Deleted - This was supposed to go under a different cue. Oops.

I noticed a change in eBenefits under "Needed from Others". I called VA and they are scheduling me for another C&P exam. This is really unnecessary! I just had a C&P for PN on 15 Dec 2016 where I received 20% bilaterally. The examiner even wrote on the C&P that I have had PN since 2000 - long before my retirement date in 2009. This exam is a real waste of time since everything the VA needs to CUE my date is already in my files. It just seems to be another one of the endless delay tactics used by the VA. I am not worried about losing my current rating. I am seeing a chiropractor and massage therapist every 1 to 2 weeks, and I am under the regular care of a neurologist. I had just started the process to go back in for neck injections again because the ones I had 6 months ago are wearing off. My current estimated decision date is now May 2018. It slips every time they add more exams.

A few ratings on Dr. Jun Yoo. I did not see where he was board certified on anything. Dr. Jun Yoo DO PATIENT REVIEWS Vital.com, Internal Medicine Pensacola, FL READ REVIEWS SUMMARY PATIENT REVIEWS LOCATIONS & DIRECTIONS INSURANCES CREDENTIALS OVERALL RATING 1.8 4 patient ratings1 comment Last 12 months: ▼ 1.0 (-0.8) WRITE A REVIEW 4 PATIENT REVIEWS Excellent 0% Great 25% Good 0% Poor 0% Bad 75% 4.0 of 5 April 15th, 2016 This man provided less than minimal care, in a very friendly, inaccurate way. 1.0 of 5 September 12th, 2016 1.0 of 5 February 10th, 2016 1.0 of 5 February 10th, 2016

I had the knee exam and had the letter given to Dr. Jun Yoo, Internist, before my exam. I had my husband with me as a witness. My husband did not have a good impression of this examiner. Here are some of my notes from the exam: 2. J. Yoo said he must have overlooked the meds on the skin exam. I asked how he could have overlooked the meds when I listed them 4 times and showed him copies of the paperwork I had given him previously. The examiner stated he did not consider my skin disease to be applicable since it was not listed by the VA so he didn't see a need to include the meds. I explained to the examiner that my skin condition is rated by VA as equivalent to eczema since there wasn’t a separate rating for it, and the omission of the medications was the difference between a 0% and 60% rating. My husband had the impression that Dr Yoo had let his bias get in the way of doing a proper skin examination. 3. After J. Yoo went on to say he is only human and makes mistakes, I showed him the other two DBQs that had the dates the conditions started incorrect, along with the military medical records and chronology I had provided with the dates I was diagnosed in service. 4. The examiner then said several times that I could reschedule my knee exam with someone else if I was not comfortable having him do this exam. I told him I wanted to proceed with the knee exam with my husband in the room as a witness. The examiner said he has had a number of veterans request a different examiner. I told the examiner that I did not want to delay my claim by rescheduling as long as my husband could remain in the room. I did not tell the examiner that by requesting to reschedule I was afraid the VA would use the cancellation as an excuse to deny my benefits, and that I have to travel 2 hours one-way for the exam, taking up most of my day. .... 6. During the knee exam, the examiner performed tests on my right knee, which he did first so “you know what to expect on your left knee”. My husband and I both noted that he did not perform two of the same tests on my left knee. On my right knee, while lying on the examining table, he had me flex my foot up and down and then he had me lift my leg while he put pressure on my ankle. He did not perform these tests on my left leg.

I filed a FOIA request last year for my C-File and it took 9 months to get the CD. I have had a number of exams this summer for my CUEs and requests for increases, so I have just done another C-File request. Hopefully it will have all the info in it from my current claims when I finally receive it. I want to be prepared in the event I want to appeal any decisions I receive. :-) One of the CUEs I filed is based on information I found in the C-File I received recently. I requested peripheral neuropathy in 2009 when I retired; I was examined for it by the VA and it is on a DBQ - but it was on a Bone DBQ instead of a PN DBQ and got overlooked when I was rated.

My request for my C&P appointment to be cancelled since I had the same exam in 2016 was ultimately ignored. Even worse, I have to see a contract doctor I saw in May that screwed up 3 C&P exams for me. I had all those claims denied shortly after his exams, and I got all of them reopened due to all the evidence that was overlooked. Dr. J. Yoo, in Fort Walton Beach, FL, spent about 5 minutes with me for 4 exams and said, "This is easy-peasy for me because everything is in your medical records". I am taking my husband with me as a witness to this exam. I am also taking a copy of my last knee exam DBQ with updates I have made but I will make him go over the exam line-by-line. I am giving the examiner a letter prior to my exam. It may back-fire on me, but there is no way his exam can reduce the rating on my knee unless he is untruthful. I can't stand to see this examiner screw other vets over who need the disability more than I do. Here is the letter" Dear Dr. Yoo, 22 Aug 2017 I saw you for several VA exams on 15 May 2017. Prior to the exam, I provided copies of medical records and chronologies relevant to my exams. During the exam, you only spent about 5 minutes with me where you said, “This is easy-peasy for me because everything is in your medical records”. Unfortunately, this resulted in multiple omissions and errors in the DBQs that were filled out. 1. I had a skin exam, which included eczema. Prior to the exam, I was mailed a questionnaire with instructions to fill it out and provide it to the examiner. I said I was taking daily systemic medication twice on this form. I also provided pharmacy records with systemic medications highlighted and a chronology that had the systemic medication history on it. However, the skin DBQ stated I was not taking any medication for my skin conditions. This made a huge difference when I received a rating and now it may take years to fight the VA due to this discrepancy. 2. Also, the GI exam stated, “no documentation of GI related issues during service”. I had provided a chronological history of the issues along with supporting military medical records showing chronic constipation from 2006 until I retired in 2009. 3. The Hemorrhoid exam said the onset of symptoms was in 2009. The military medical records and a chronology I provided said I was diagnosed with hemorrhoids in service in 2007 during a failed colonoscopy. I kept copies of all the documentation I provided during my exams and I brought them with me if you wish to see them. I also printed out applicable pages from the DBQs. My concern today is that I receive a complete and accurate exam on my knee condition. I also wish to have my husband present during the exam. In the future, please keep in mind that C&P exams mean a lot to the veterans who are on the receiving end. Please pay attention to what they say and take time to really look over their records and be accurate. Many of these vets have already been through a lot and do not need to be stressed by inaccurate exams that greatly extend their claims processing times. Sincerely, JustGettingStarted, CMSgt, USAF Retired

I think uploading my last C&P exam with the cover letter may have prevented a new exam, or at least VA is considering dropping the new exam. The status in eBenefits for awaiting info from a VA medical center changed. It went from red to yellow and looks like the C&P Exam from last year is being reviewed. I am posting a screen shot. Maybe common sense prevailed.

Berta Here is the CUE I did for SCM-K. I know now that it does not have to be a Motion at the VARO level, but I will be ready to do an appeal if the VA does not approve my CUE. :-) I probably won't get a decision until early 2018 because I have filed several claims in conjunction with this one, including the two other CUEs. ----------------------------------------------------------------------------------------------------------- MOTION TO REVISE A PREVIOUS VETERAN’S AFFAIRS REGIONAL OFFICE DECISION ON THE BASIS OF CLEAR AND UNMISTAKABLE ERROR (CUE) FOR NOT PROVIDING SPECIAL MONTHLY COMPENSATION FOR LOSS OF USE OF A CREATIVE ORGAN I am requesting a motion to revise a rating decision made by the St. Petersburg, FL VA Reginal Office on August 11, 2009. The decision in question is for myself, Just Getting Started, VA File Number ######, with the Rating Decision date of August 11, 2009. ERROR: In a 2009 rating decision, the VA recognized service connection for early uterine fibroids status post hysteroscopy and uterine hydrothermal endometrial ablation at 0%. However, the VA failed to provide Special Monthly Compensation (SMC) for loss of use of a creative organ per 38 U.S.C. 1114(k), “When loss or loss of use of a creative organ resulted from wounds or other trauma sustained in service, or resulted from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted.” I request Special Monthly Compensation for loss of use of a creative organ be provided as of May 2009. This request meets all the requirements of a CUE. A CUE exists if 1. There is an error that is undebatable so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made. I should have been awarded Special Monthly Compensation for loss of use of a creative organ when I was service-connected at 0% for endometrial ablation. In the 2009 rating decision, it very clearly states I had undergone endometrial ablation for relief of other conditions and I was given 0% service connection. When the VA service-connected my endometrial ablation, they were required to provide SMC for loss of a creative organ at that time. Below is the exact wording from the rating decision package (attached): “7. Service connection for early uterine fibroids status post hysteroscopy and uterine hydrothermal endometrial ablation. Service connection for early uterine fibroids status post hysteroscopy and uterine hydrothermal endometrial ablation has been established as directly related to military service. A noncompensable evaluation is assigned from May 1, 2009. A noncompensable evaluation is assigned for symptoms that do not require continuous treatment. A higher evaluation of 10 percent is not warranted unless continuous treatment is required. Records from Panama City Surgery Center show that following pelvic ultrasound on September 6, 2006 revealing early development of uterine fibroids, you underwent dilation and curettage and uterine hydrothermal endometrial ablation on November 2, 2008, following symptoms of menorrhagia, abnormal uterine bleeding, and cramps. You reported that the procedure resolved your symptoms. Upon VA examination you gave our examiner a history of onset of hot flashes about 2007, worse in 2008, and having been prescribed Prozac with good response. Our examiner diagnosed dysfunctional uterine bleeding and early uterine fibroids development (per pelvic ultrasound August 9, 2006) status post hysteroscopy and hydrothermal endometrial ablation, and hot flashes due to menopause.” 2. Department of Veterans Affairs (VA) failed to follow a procedural directive that involved a substantive rule The VA failed to follow procedural directives when they did not provide Special Monthly Compensation under §3.350 Special monthly compensation ratings, rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114. Loss of use of a creative organ is included under this statute to include “loss or loss of use of a creative organ resulted...from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted” In the 2009 rating decision, it clearly states my endometrial ablation followed “symptoms of menorrhagia, abnormal uterine bleeding, and cramps”. This clearly comes within the scope of the statute. 3. VA overlooked material facts of record, or VA failed to apply or incorrectly applied the appropriate laws or regulations. In this case, the VA clearly failed to follow the appropriate laws or regulations. The VA recognized the endometrial ablation as being service connected and should have provided Special Monthly Compensation as a result. In this case, the VA failed to give a sympathetic reading to the filing by determining all potential claims raised by the evidence, applying all relevant current laws and regulations. Moddy v. Principi, 360 F.3d 1306 (Fed. Cir. 2004). In the laws at that time, endometrial ablations had already recognized by the VA as a form of sterility for many years. For example, in 1999, BVA Citation Nr: 9914661 states: “ A VA medical opinion in February 1998 stated that endometrial ablation usually resulted in sterility. However, if a patient did become pregnant following such a procedure, it was highly unlikely that she would have a normal pregnancy and delivery.” (attached) 4. The VA had all evidence in hand when they made their decision in 2009. The 2009 decision clearly shows the VA had all medical evidence in their hands when they allowed for service connection at 0%. This request is not based on new evidence. 5. The error was the sort which, had it not been made, would have manifestly changed the outcome at the time it was made. The error resulted in a loss of income of approximately $100 a month for over 100 months. This request for Special Monthly Compensation meets all qualifications for Clear and Unmistakable Error. I request Special Monthly Compensation for loss of a creative organ be backdated to the date of my original request of May 2009. With all due respect, Just Getting Started

Thanks for the numbers Berta. I am taking a different attack first. On eBenefits there is a section for "Needed from Others". This is where they have the suspense for the C&P exam. There is a place where the veteran can upload the information "needed from others" if they have it. I just uploaded a copy of my 2016 C&P exam with the following cover letter: RE: C&P Exam for Knee Attached is a copy of a C&P exam that was performed on my knee in 2016. I hope this will negate the need for another C&P exam on my knee since it was deemed after this exam that my condition is “static”. If the VA still requires another C&P exam, I will attend, but I believe it will be a waste of precious VA resources. Sincerely, Just Getting Started

Hi Berta, On the retroactive 100% temporary, after I filed I read a case at the Veteran's US Court of Appeals that said you only have a year to file. But then I wonder why St Pete has set me up with another C&P exam on a condition that was re-evaluated last year and deemed "static" on my disability letter. I hate to cancel the C&P and withdraw the claim because they are giving me a little hope. Either that, or they want to try and reduce my disability, but that would be so easy to fight since I have a copy of the C&P exam that says I have a moderate malunion of my tibia and fibia. I do have a question about knee exams. There is a question on the DBQ where it asks if there is atrophy. I told the examiner that my left thigh was smaller than my right thigh, but she did not do a measurement. Is there a rating for "atrophy" or does that just support your claim that you favor that leg due to pain/weakness, etc..??? I am talking a relatively small difference of 2 to 3 centimeters, depending on which part of the thigh is measured. The left leg is much weaker than the right because there is still a lot of pain and I favor it. I am wondering if it is worth going through the C&P exam just to have the atrophy noted. (I had a crushed tibial plateau and possible broken fibia that never mended. I have a metal plate with 13 screws--the doctors can't verify the fibia damage because of all the other damage and hardware). I know the upcoming C&P is for the knee because I called and asked. LHI called and told me they had a 10-day window to schedule my exam, and I am gone 8 of those 10 days. Hopefully they will not schedule the exam while I am gone, but I have a bad feeling about it. It has happened before even when I told the schedulers I wasn't available. The VARO is St Pete and I have no idea how to get in touch with them. I have looked for a number and would call if I knew how. On one hand, I don't want to point out that they probably shouldn't award temporary 100% that far back. On the other hand, I would like to point out I had a good C&P exam just over a year ago, more than a year after my surgery, so it gave the examiner plenty of time to see how well I was healed. I have posted at least two of the CUEs in the CUEs forum. One was for an eczema-like skin condition where I should have been given 60% instead of 0% because I am on constant systemic medication. The other was for peripheral neuropathy secondary to cervical spondylosis--I was recently given 20% bilateral, but I was diagnosed while active duty. It was claimed during my retirement in 2009 and is on my retirement C&P exam; additionally, on my recent DBQ for PN, the examiner said I had PN since 2000. I don't recall if I posted the SCM-K; it should have been awarded in 2009 when I was service connected for endometrial ablation at 0%. Thanks for all your advice, help, and support.

How long to you have to file for temporary 100% convalescence for surgery on a service-connected condition? I asked a VSO this question and he said I can file retroactively. so I put in a claim for surgery that was done in 2010. But since, I have heard, and read a BVA case, where you only have a year to file. I need to know whether or not to withdraw the claim. The VA is scheduling me for knee exam that is being scheduled that I believe is unnecessary. I am sure it is being scheduled because of my request for retroactive pay, however I already had a knee exam on 21 April 2016 as part of a re-evaluation exam.. The 2016 exam should be sufficient to determine my level of recovery from my 2010 surgery and it says "no future exams are required". It seems like a new exam is a waste of time and money, so how do I cancel it? Is this a sign I might get retroactive pay and I should go to the exam, or should I just contact the VA about cancelling the claim and the exam? Since I am over 55 and I've had the knee condition for more than 5 years, I think it would be rather difficult for VA to reduce my rating, but I wouldn't put it past them to try. I almost feel like this is a form of harassment for filing 3 CUEs this year. Thanks for your advice.

Asknod, I am fully prepared for the VA to ask why I didn't file a NOD - my answers are pretty much what you just said. I made the right claims, but the VA did not do their part when they rated me. I have 3 cues going right now and every one of them seems perfectly clear - I filed for the conditions in 2009, was service connected for them, but not rated correctly. All the information was in the VA's possession. I submitted one CUE earlier and had to have it reopened because my RO can't read. They completely overlooked the medications I was taking for my eczema-like condition, back in 2009. and again when I filed the CUE. Medications are a huge part of eczema conditions - it is 60% if you take the meds full time, which I have been doing since 1998. I claimed the condition and the medications in 2009, but did not know I was supposed to receive 60% because I did not know my condition was rated the same as eczema. I couldn't find my condition in Title 38. As for the peripheral neuropathy, I didn't even know what it was called back then, to me it was just part of my neck problem. However, my military doctor said I had radiculopathy and my retirement exam and VA called for a PN exam. The third CUE is for SCM-K. I didn't know of any such entitlement when I was service connected at 0% for my endometrial ablation in 2009. I've heard that SMC will only be back-paid for one year. I hope that isn't true. If you claim loss of use of a creative organ, and VA is supposed to automatically pay SMC without the veteran requesting it, that is their mistake and not the veteran's mistake. Why make the vet pay for their mistake?