jh8232

I have a non-compensable rating for thrombocytopenia that was given under an older rating criteria. The criteria has since changed since there was a revision for the hemic and lymphatic section of the 38CFR with a revision date of December 5, 2018. Does the condition continue to be rated under the old criteria or does it now fall under the new criteria? The newer criteria is a lot different than the old. I was close to receiving 30% under the old, but not even close under the new.

I have a disability, thrombocytopenia, which is rated at 0% under an older criteria in the 38cfr. The hemic and lymphatic system section was revised on December 5, 2018 and under the new criteria, it appears that I may no longer rated. What happens to a rated disability when the criteria are updated? Is it still rated under the previous criteria in which your disability was rated under or the newest criteria?

Thanks for all of your input. I looked in to the CVAC a bit last night and I will explore that some more later on today. I'm thinking of a senior level reviewer and opting to speak with them on the phone. Hopefully just me discussing with them I can get an understanding of their decision criteria and I can relay to them all of my relevant information.

I am service connected for this particular issue, just not at the level that I feel it should be based on a prior BVA case decision.

https://www.va.gov/vetapp18/files6/18112751.txt

That sounds like a pretty good idea! I did, however, just read through the BVA case and unfortunately it doesn't cite any CAVC/Federal cases.

I have looked up synonyms for lethargy online and found that fatigue is definitely one of them, which is stated dozens of times in my records, dating back to December 2010, when my kidney condition was discovered. Just look up fatigue and the first word listed is lethargy. Quote from 38 cfr " §4.115a Ratings of the genitourinary system—dysfunctions - or, generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion" Quote from BVA - "The Board is affording the Veteran the benefit of the doubt that he now suffers from lethargy as his NOD and his December 2016 VA examination report both document that symptoms. Based on his symptoms of lethargy, the Board finds that the Veteran is entitled to an 80 percent rating, effective the date of the NOD which alleged symptoms which approximate the requirements of that level." Quote from Doctor Letter - "Patient has stage 3B chronic kidney disease and anemia. Both of these conditions can cause chronic fatigue/tiredness/lethargy, which the patient has reported to me and other providers."

Well, it was a rather lengthy letter that was written that happened to include the terminology. He stated the disease, when it started, how it affects me now, etc. Also, in the BVA case they used lay statements provided by the Veteran himself as basis for the decision. I just figured that the doctor's letter would be more than enough compared to that case. I've also stated the fatigue to every other doctor that I see, which is quite a few. The citation # for the case is 18112751.

I've filed a claim for my kidney condition and have gotten it service connected, but not at the rate I feel it should be. I have researched VA appeals cases on the VA website and have come across a case very similar to mine where the Veteran received the rating that I feel I should be at. My test results are actually worse than the Veteran's, but they gave him his rating based on one word, "lethargy." Now, I've suffered from fatigue (similar to lethargy) from my condition for the last eight years and have it well documented in my records, but not the word "lethargy." So, I had my nephrologist write a letter stating that I suffer from lethargy and submitted my claim to be reviewed again, but to no avail. Like I said, I not only do I match a the Veteran's complaints, I exceed them but was assigned a lower rating. My question is has anyone ever submitted a VA appeals court case decision as evidence when requestig a senior level reviewer?