Berta, here is my "cue" statement. please advise for corrections, additions, or deletions.
To: Columbia, SC VA Regional Office
This is a claim of CUE, Clear and Unmistakable Error, under provisions of 38 USC 5109(a). I respectfully request the VA to call a clear and unmistakable error on part of the 07/17/2015 decision from the Columbia, SC VARO and to correct it. I state that the VA failed to apply the basic concepts and evidentiary requirements of 38 USC, Chapter One, Part 4, Subpart A, under 4.6 et al, Evaluation of evidence thus: “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. “
In the Decision Letter dated July 17, 2015 (enclosure #1), I was granted an increase to 60 percent effective March 16, 2011. The 60 percent evaluation was assign based on “near-constant systemic therapy required during the past 12-month period”. The effective date of March 16, 2011 derived from the DBQ completed on April 10, 2015 as explained in the decision letter.
Diagnostic Code 7806 38 C.F.R. § 4.118 , A 60 percent rating is warranted ; if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs were required during the past 12-month period.
The DBQ completed April 7, 2015 documented systemic therapy with oral medication 6 weeks or more during the past 12 month period beginning October 1, 2009. Diagnostic Code 7806 38 C.F.R. § 4.118, A 30 percent rating is warranted if systemic therapy such as corticosteroids or other immunosuppressive drugs were required for a total duration of six weeks or more, but not constantly, during the past 12-month.
The VA's failure to consider and evaluate the evidence that the VA had in their possession manifestly altered the outcome of the decision dated July 17, 2015.
The effective date of the service connected skin disease was compensable on October 1, 2009 and would have increased the rating from 0 to 30 percent beginning 10/1/2009 to 03/16/2011.