Berta

If the diagnosis is "depression and MST"; I think just a letter stating the correct diagnosis would amend the initial claim. regardless of what the doc says as to inservice event causing this- you will need proof of the trauma too- PTSD symptoms can be without clinical depression and there is a set criteria (DSM II) that VA looks for in diagnosing PTSD.

That seems odd to me- but I am not sure- my peer review (which supported my 1151 claim and FTCA claim ) was done here at the same VA by their Chief of Med Staff. They then claimed it was lost and they couldnt find it and both the Chief of Staff here and Regional counsel, who wanted to settle with me on its bases,both retired- This 'lost' peer review report -agreeing medically wth my charges could have resolved this claim in months but it took years. Of course when I got a copy of my c file a few years ago, this 'lost' report was right at the bottom of the file. The VACO Chief Cardiology team reviewed my claims and it was from them that a determination was made that the VA had caused my husband's death for FTCA and 1151 award. I would say their delays are a good sign-I have seen FTCAs denied right from the git go-before even getting a peer review- Peer reviews however have drawbacks- the counsel asks some general questions and the answers can often be too general. The most important peer review question seems to be whether or not the treatment, diagnosis etc- that caused additional disability was treated same as SOP within the standard medical community. A vet cannot expect better medical treatment from VA than from a private hosp- but can expect the SAME medical care ,diagnosis and treatment as found within private hosps.

It often depends on the doc- my neighbor went with her son to Buffalo- a long trip from here for a C & P- good thing she went- the Hosp could not find his med recs. They said they knew the med recs had arrived but they searched for hours, while the vet waited and waited. His mother, walking around the halls got confused and went into a docs office, thinking it was same one they had been in earlier in the day. She could still hear them talking outside about how those records dsappeared. She looked at this doctors desk and hollered out in the hall- I found them- here they were in another doctors office that had nothing to do with the C & P.

They could help- foot and toe problems can certainly cause other problems- I had a toe vet claim- had infected toe- VA's treatment made it worse-long story -he lost his entire foot within months as gangrene had set in- he sued the VA under FTCA for 40 million dollars-dont know the outcome- Also balance problems and back problems can occur with toe and arch problems- The VA rates as to how a disability affects one's employability- They could award under 1151 yet give "0" SC or only 10% . Regardless of the fact that the surgery seems to have been defective- it is the affect of that to the veteran's employability-this is how they rate these claims. If there is medical evidence of affect to other muscles,etc due to this surgery-that is a factor-too- as well as if this result -like if the toe sticks up at 90 degree angle-obviously this prevents the veteran from wearing regular shoes. The denial he got contains what evidence the VA needs to make an award on this claim.

You might mean Veterans Benefits Network: http://p203.ezboard.com/bvetbenefits I thought their advise was usually pretty good but I must have missed something- There are certainly vet reps, SOs, and VA employees who read these vet boards.I think that is a good thing- they can learn a lot and they certainly found (when VA was monitoring the boards for the PTSD commission crap)- that no one at these sites will support a wannabee or help with a potential false benefit claim. The IG report seemed concerned that vets were getting C & P advise like-dress and act like it is your worst day- I kind of agree that this is not good advise- If the complete medical evidence supports a lower GAF or higher rating-the VA should consider that and not the vet's appearance. There is no rating based on appearance. The vet shouldn't have to 'act' a certain way at all-if their evidence is sound and treatment is continuous, they should succeed in their claim. On the other hand I certainly know that VA takes note of appearance-this is unfair- One vet I know showed up for C & Ps in a spiffy business suit-it seemed intimidating to the examiners and they all remarked on this- his point was he was still able to do limited work in an office with major disability- had been in management all of his life since the mil- so what did his business suits have to do with his disabilty? The VA has notations on stuff in my c file-about what I wore when I confronted the VA pharmacy due to a major med error and when I had clashes with the local director.My c file is a hoot- "The veteran's widow ,in a VVA tee shirt (I was associate member of the VVA), sarcastically shoved a VA regulation at me." On another occasion-same VAMC "The veteran's widow said she will use the pay phone to call her Congressman. Prior to this, Mrs. Simmons, wearing yellow shirt and green slacks,was seen writing things down on a clipboard." What the heck did that have to do with my claim? The wannabee I helped for years-as well as the AL too-really had his act together- the cameos, the wooded cabin, pungy sticks, trip wire , flashbacks, weapons, a real winner-but his claim had no merit at all- In his 17 page BVA decision one could see that the VA bent over backwards in trying to find proof of any of his numerous stressors. The AL secretary was convinced that his appearance alone showed he had PTSD. His VA shrink was convinced his solitary boonie lifestyle supported severe trauma in Vietnam.He looked like his wardrobe came from the movie Platoon. Only problem was there was absolutely no proof at all that he had ever been in any situation whatsoever that he claimed as a stressor.

Walter is right- The VA cued itself on an erroneous decision on one of my claims- Have this CUE not happened 6-7-8 years ago- a good investment of this CUE amount in an annuity would have generated 25 % additional annuity value by now- I got 1997-2002 ,when they resolved the CUE,as VA dollars at an investor's value at much less than they would have had ,if the VA had not committed a CUE in the first place.

"I went from 10% to 100% permanent because I loss the use of my legs. My rating decision changed my original diagnoses to severe spinal canal stenosis' This could be the basis for an 1151 claim- A misdiagnosis that caused you additional disability- I dont know whether the VA (and 40 other doctors) were at fault- but it appears that only when the MRI was taken, the proper diagnosis occurred. Do you receive Special Monthly Compensation for loss of use of your legs? You could certainly file a Sec 1151 claim-there is no time limit- You would have to prove negligence and medical error that was inconsistent wth practice in the standard medical community- and also prove you have additional disability as direct result from it. With so many doctors not picking up on the cause of your problems- the VA could say that this was an unusual situation and they as well as the 40 other docs were not at fault- If you file this claim just basically state it as to the fact that the improper diagnosis prevented further timely treatment-and caused you the lose of use of your legs. You will have to back this up so it is a good time to get all of your med recs in order and copy all the MRI results and tell them that the diagnosis was changed but too late to alleviate additional disability. I see your point on the effective date on the stenosis-however- I dont see how it would go back to 1980- They probaby used the date of your initial claim to determine that date. Or they used this date: "I went from 10% to 100% permanent because I loss the use of my legs. My rating decision changed my original diagnoses to severe spinal canal stenosis." A Section 1151 claim might well draw them out more as to something that would alter the EED but the date of retro is almost always the date of the claim.

Dav- you should just write them a letter stating that you are claiming diabetes insipidus and all of the complications (whatever the med tests reveal)- memory problems- etc, anything else at all- any kidney problems at all (hope not) but any condition directly related to the inservice trauma. Also I would refer to and attach the medical opinions that show the nexus (link) to service and the doc should tell the VA how their background renders their opinion probative. This way- you are stating conditions directly linked to your inservice trauma you are enclosing medical proof of that fact this is all they really need to make an award (although they might give you a C & P) and you last question? is if this condition has made you unemployable- and if a doctor can state that and give reasons why- memory deficits, urinary problems, and processing problems-then you should qualify for TDIU- a total award due to unemployability. If you are unemployed presently and have had employment problems- I would ask one of the docs -a Neuro is hard to beat-to state that you are unemployable and then send the TDIU form along with your re-opened claim. Make sure you put your c file number on the letter and send it to your VARO- list whatever you are enclosing (send copies only) and tell them of any private med records that are available but I suggest you get them yourself and submit them to the VARO. I am aware of this condition- my second husband had a brain tumor-(Korean War vet) it was removed successfully but the complications- particularily the insipidus due to the trauma of the surgery itself caused his electrolytes to malfunction and he was unemployable.Any severe brain trauma can have a negative side affect like this- the vasopressin- he was given that too but it had a limited affect in controlling his water balance. In the claim letter tell them too of any side affects of any other meds that affect your ability to work. Veteran if I were you and you are not employed for any reason- I sure would file the TDIU form right along with your re-opened claim. I will attach the form- under # 25 remarks- you can attach more pages , tell them here what you are attaching and tell them of any side affects of your meds as well as any other info they should have- if you have the docs statements as to your uemployability -attach copies of them too. Dehydration and water loss totally mess up brain power-PS -the MRI results -the narrative-that would be good to send them but sounds to me like you have good doctors who would be able to expand on the MRI as well as the cognitive tests better then just the MRI results. Here 's the TDIU form-if you do fill it out refer to it in the claim letter ,that you have attached it. Those Neuro cognitive tests will be fun---I say that because my third husband went through them after a stroke- 6 or 7 tests given by a real doctor (the best PTSD VA shrink around these parts) were able to determine and assess his PTSD from Nam as a mental disorder and catastrophic in impairment (100%)as well as stroke disabilities- under 1151 ( 100% ) it took 2 days for all the tests to be complete but it is a definitive way to get results that VA cannot really challenge well. You have basis for a very good claim here and I regret that you have gone through all of this due to your service. TDIU_form.pdf

There is no way to go on military malpractice- the Feres doctrine prohibits claims like this against the mil- http://www.dod.mil/dfas/retiredpay/concurr...rdpandcrsc.html Having said that-however- wasn't there a few anthrax lawsuits against the mil? One thing is for sure-once an active duty person becomes a veteran- time ticks away anyhow and there could well be a military Statute of Limits even if someone could get around the Feres doctrine somehow- If a VA hosp continues a malpracticed event -like say the mil said you had a condition that you really didnt have- and then the VA-without proper testing and assessment -continues to medicate and treat you for this erroneous condition-overlooking the actual cause of it- to your detriment-you could potential succeed in a Sec 1151 claim or a FTCA claim if you are within the 2 year statute for FTCA-against the VA not the military.

CRDP and CRSC are two different programs- some retirees fit into both categories but yet ca only accept one type of award. Military.com has had many discussions and info on these benefits and the DOD site of course is excellent too: http://www.dod.mil/dfas/retiredpay/concurr...rdpandcrsc.html

WOW_ WHOOP TI DOOOOOOOOOO! This is wonderful Terry- this is the end of a long wait for you------ P & T back to 2004? Make sure your wife applies for CHAMPVA and they might reimburse some med expenses she has had since then-not sure on that- And if the wife or kids had college expenses since the retro P & T date- the VA should reimburse on that too under Chap 35---- Not a time to think about VA crapola though- enjoy and treat yourself to something nice- if you out bank info on your claim,for sirect deposit, the check could be in the bank anytime- Remember something TBird always reminds us of- and it is so true- when a battle is over, even when you are victorious-a let down can occur---- I dont know why this happens to some of us---- I think that is when the utter exhaustion and stress of the claim rigamorale sets in---- It is what I call VA induced PTSD- it doesn't last long- and best thing to do is try to relax and put down the weapons- and SAVE all the VA paper crap- you never know when you might need it again-

They 'might' get the out patient records but better to get them yourself and submit a copy in support of the claim- "if new evidence is submitted with or closely following the NOD and nothing is submitted after the SOC has been issued does it hurt the case or affect it in any way?" It means that if the SOC denied and it states the reasons and bases have not been satisfied with evidence, and if-within 60 days of that SOC receipt-no further evidence is submitted, the VA will send (or attach to the SOC) an I-9 formal BVA appeal form. The appeal will get docketed and then after 2 years or more the BVA will make a decision. I have received SSOCs in the past .I reponded to the initial SOC and sent more evidence, got SSOC , sent more evidence, etc etc and than finally was awarded my claims. Had I sent the I-9 (which I did-these are older claim I had) but not done anything further to expand my evidence at the VARO- the claims could have taken as long or much longer, and without the expanded evidence, I would have lost at the BVA anyhow. At some point evidence puts you into the Relative Equipoise doctrine- If positive evidence can equal negative VA evidence, the Benefit of Doubt regs say the vet succeeds. They weigh' the evidence- but they own the scale. A veteran with probative evidence should pound them on this reg- 38 USCS 5107- "approximate balance of positive and negative evidence" I have sent a copy of this reg with many claims I helped with-and my own- and asked them for a detailed explanation of their application of this reg to the veteran's overwhelming and probative evidence,if the benefits sought should remain denied. Example: C & P doc takes a few minutes to opine in the C & P worksheet that the disability does not fall into higher level on an increased rating claim.The doc states a few reasons-veteran is in touch with reality, was well groomed, and has no recent hospitalization for her SC condition. Vet carefully studies her VA med recs and finds that her disability -when considering all med recs- does fall into higher rating criteria. She invests in a good IMO knowing the cost can be recovered with a higher award and gives the IMO doc copy of the C & P results, her VA med recs, and copy of the specific VA rating schedule. IMO doc agrees she fully warrants a higher rating and the IMO doc cites specific medical evidence in her med recs and also cites their background and expertise in the specific disability area to support their opinion. One doc for and one doc against= Award of higher rating. This sounds easy but they own the scale and so you must be strong in your insistence that they apply 38 UCS 5107 to your claim properly. I have 2 IMOS for and one VA doc sort of against- The VA doctor admitted they only used a "few" med recs to develop their negative opinion- Dr. Bash had the whole shibang-for his IMO- when I re-read this VA opinion it actually supported my claim in many ways- there were a few statements there that were very good -but I had to highlight the positive stuff over the negative stuff- which was minor. Then the VA (my vet rep is very disturbed by this) denied on the basis of this sole VA opinion and still refused to consider my other IMOS- I have played this game before with them-for four years- I actually like it- everytime they state something negative, I find considerable more evidence to combat them. They did finally read Dr. Bash's opinion in January because I told the IG these people obviously must be illiterates that tax payers (many In harms Way) are paying salaries for. Suddenly they must have gone to night school for English 101- A decision on that claim was then made ,but they are deciding my CUE claim too so I dont know what is what. My long point here is- if you have a valid claim- which 99% of you do----there is always a way to find more evidence to support it,as well as to consider getting an IMO. I think these big service orgs who employ people to represent us, that dont have a clue about claims advocacy nor keep up with the actual regs- should can them all and use the money they save for an IMO trust fund. Vets signs POA and based on the need- the vet org buys the IMO for them. An agreement could be signed that-if the vet is successful due to the IMO- the vet will re-pay the vet org. Although the vet org will lose money on some IMOs, still they wont be close to supporting the expense of vet reps salaries.

You are positively absolutely correct and I hope anyone out there just reading the board and not joining us will take heed to your words! Another thing- any Good SO or vet rep has 100s of claims- and is trying to give every one 100%- it just is impossible to do sometimes- a lousy vet rep (who might have 100s of claim too)is probably hoping to tell the vet-if denied- this will have to go to the BVA- and he/she gets it off his desk for years-instead of reading the Reason and bases and then suggesting things the vet can do to combat the decision. When I left the DAV-after 4 miserable years- I expected good representation locally as the former vet rep there was excellent (state office)and got a promotion to their VARO office. The new vet rep read my claim fast and immediately said -this is going to the BVA! I felt like hitting him over the head with it-how can anyone make that type of assessment after reading a claim fast like that? I said -gee -I didnt know this was a DAV office. When he assured me it wasn't (I just said that cause I was ticked) he took the time to read my past award letters and his tune changed a bit-then he saw my settlement papers and he started to kiss my ass- however-I did not depend on him to send the VA anything at all nor did I follow any of his advice-because it was all wrong-I literally had to email him some of the regs-that he didnt know- I could have been a vet , not a widow, and I consider the fact that he probably doesnt get many widows claims- but still- if a vet rep reads a claim real fast and starts expounding on it negatively-without suggestions as to how to support the claim-and determines the outcome before the VARO ever sees it- this is not a vet rep who will act in your interests. Unfortunately the BEST vet rep we have is ourselves.Having a POA looks better to VA than going it alone but to succeed-in most cases-we have to go it alone anyhow. I have excellent representation where I need it- right at the VARO building-and I just hope this vet rep has not been this negative with veterans right off the bat.

Shalia- I like your style- yes it truly is armor that a claimant needs to succeed with. I replied to your other post- but you certainly did it the right way-on this 30 to 70 increase. The VA loves paper- and I dont know if this was their C & P doc or not- but you found someone willing to document well, some hard copy info that they could not ignore or deny the claim on. Vets should take the time to do what you did- when they are set for a C & P exam- bring with them pertinent info that the doctor should know- especially med changes and hospitalizations- these C & P docs breeze through the med recs so fast (I wonder if they look at them at all) that a vet has to highlight while they are there- what the vet expects the C & P to reveal and it doesnt hurt to have some documentation to prove it- I have an asbestos vet and I gave him the VA's MOS and asbestos criteria,and a brief flash card for him to remember to tell the that he never smoked, and never was exposed to asbestos after service in any jobs,but for his Navy mos- also his MOS on his DD 214 does not reflect 2 Navy occupations he had which exposed him aboard ship. His diagnosis- cancer 40 years after Naval service- within the VA asbestos info- is not unusual at all- He felt the C & P went OK because the doctor seemed to get his point. His actual MOS' are on the VA's list with high probability of exposure.If a C & P doc sees you have evidence that supports your claim regardless of their opinion , they might well give you a C & P that is positive to the claim. Psychologically doctors often tend to agree with oinions of other doctors- it pays sometimes to have a treatice or print out of an abstract with you-if it is totally applicable to your claim-highlighted as to why your med evidence is similiar and therefore persuasive. And having a blank C & P beforehand always help to know what to expect. Here are all of the blank C & P exams: http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

Shalia- you described the rock and hard place that other vets find themselves in-when a doc says they cannot or should not continue to work- Certainly you should apply for TDIU as soon as you leave your employer-and SSA too- with the Social security Disability benefit (and I assume you would eligible) and the VA TDIU- that would help- A VA TDIU award can be used to support the SSA award and vice versa- You sound like you have good evidence that should help your VA claim a lot for TDIU- but here in New York it takes them from 4 months to 3 years on TDIU claims- However-in your case ,with bonafide strong statement from your doctor, and certainly the meds must affect you too-it might not take too long- then again- 'not too long' is so difficult to determine-an emploer's statement would help move this TDIU claim along too- Is your husband eligible for SSA disability? If you receive an SSA award I certainly believe they would send him an award also on your record and even one for your child, if under 16 years of age. The VA is going to look at any hospitalizations, treatment sessions, and your on the job problems since the grant of the 80%, and if you send them the most critical evidence right away ,it will decrease the time this type of award can take. Does your employer have any sort of disability plan that they could put you on as you wait out TDIU? By the way- you dont have to answer- but if you are making less then poverty level income-on your job- then apply for TDIU ASAP.(or of your pay is docked for time off -it might well be less annual income overall than you think- Thanks for coming aboard here veteran- you are dealing with a lot.

I agree with the way you have put it- and I think VA's definition of 'rationale' depends on how they can use any of the IMOs reasoning to deny any specific claim- They questioned the rationale of a known diabetes expert for a vet I helped- we sent them background info on his expertise (lectures he did, stuff he had published) then they questioned his rationale as to opining on the link to the vets service. The link in the vets SMRs was quite clear. The VARO , in my case, is so afraid of Dr. BAsh's IMO I got, that hey didnt read it until I raised hell- but I still await their decision on that claim-his opinion was medically way above and beyond their expert opinion-their doc used only a few chem reports- Dr. Bash had the whole record, also past SOCs, and info from the OGC and used his ability to rationally opine on the veteran's MRIs in my case. You are right- I think VA docs worry about Dr. Bash because he reads the entire record and supports his opinons well-he cant perform miracles but certainly has helped many vets who would still be no where without his IMO. I had 2 IMOs. One was from a treating VA doctor who gave me a very brief opinion- but Dr. Bash felt it totally supported his opinion as well as my claim and he referenced this opinion within hs own. Also the evidence I have reveals that-since the VA could not diagnose my husbands heart disease, strokes, HBP, etc- numerous medical errors were made and admitted to by VA (1151 and FTCA-1997-1998) I made the point -that he also referenced that- it was more than likely-with past evidence of overwhelming medical errors and negligence that the VA failed to diagnose the ultimate cause of the veteran's problems- DMII due to AO. John's point is good too- when my vet rep had conference with the VSM and DRO- the DRO said she denied because she could not understand IMOS. (Say what?) these are the people who control our claims- a good IMO is clear enough for anyone to understand- how many claims did this DRO deny with valid IMOS because she couldnt read them- We have to present a solid medical nexus and valid medical claim- and- as John said- then deal with people without med background -who have the power to ' interpret 'C & Ps, and symptomology, and then decide the claims, and they themselves have no educational basis for their "rationale".

Terry- the vet might not have a c file number yet- and the VARO will certainly nt give one out unless to the surviving spouse- The VAROs are asking many questions these days to identify yourself when you call for claims status- this is to protect you all-too much identity theft and thefts out there looking for vets or widows with comp or DIC that they can extort from.

Prayers do help! And one thing is for sure- I never have been told that my claims had been successful by the VARO 800# people-one vet rep practically told me I succeeded in January on a claim- but he said it was a pension claim-I think it was really my AO DIC claim- I just know that they are putting it with the CUE claim- and the 930 (end product)is still pending. What is even worse is to get a big check from VA and then have them be unable or unwilling to tell you why- I had some very frustrating and even fearful days 2 years ago when the VA Regional counsel called a CUE on my offset (which I had Cued myself, they denied and I never pursued it-like a dope. All I knew was that a big check came and I didnt know what to do with it or what it was for- I even called them 5 times and told them I had spent it all (not true)so I wish I knew why I got it- Finally the letter re the CUE that counsel called on them came. I dont depend on what they say at 800 too much-I know the waiting is just miserable- Finance department is the majic word- always ask them for the COVERS screen as to where the claim file is.

Joe -to add to my other post- I recently posted a BVA decision at hadit whereby the vet got his back condition rated as secondary to his Pen Planus (SC) flat feet- I would certainly make sure the VA knows of this back condition and that you are claiming it as secondary- has any doc treated it yet and/or stated it is as likely as not due to the foot condition? That is what this claim will need for a secondary rating. "0" SC is much better than NSC -as it shows the VA has recognized the condition ia associated with your service but was not at ratable level when they determined it as "0" SC>

http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.1.5.2.96.17

A SOC ,Statement of the Case, is where the VA expands on their denial- They have to consider points made in the NOD especially as it refers to any evidence they have not considered-that was sent with the NOD or referred to in it. They will give Reasons and Bases for the continued denial. Also they will list the evidence they used in reaching their decision. Sometimes they miss evidence or misinterpret evidence. Often they maniipulate the C & P results-so it is best to have the actual C & P results before you receive the SOC. Often the best thing a veteran can do is study the rating schedule and claims at the BVA-through the VA web site- to see the rationale of VA in deciding a higher rating-on a similiar type claim. The rating schedule shows what they look for as to increased rating. If you have not mailed the NOD yet-I would ask them for the SMC "K" rating under 38 USC 1114. TDIU -Total Disabilty due to Unemployability depends on medical evidence (such as a strong doctor's statement) showing that the SC disability prevents or hinders substantial employment. The vet in the BVA case link had TDIU determination due to many factors- The rating they gave you could be correct except for the SMC-"K" award -this too is a medical determination- based on whether you have complete "loss of use of " the dominant hand. If a vet cannot pick up coins, feel difference between hot and cold water, dial a phone, even as you mentioned type affectively- this can be considered as loss of use of hand- it all depends on the evidence that shows how severe the hand disability is- I always say one should respond to the SOC- attempt to argue each point in it that is incorrect- if VA's C & P doctor is wrong tell them, if the medical condition is not properly described tell them, if they have overlooked any evidence at all for a higher rating, tell them in the SOC response. A vet has 60 days (they count holidays and weekends ) in this response-it can trigger an award, or trigger another SSOC, or even another C & P- it is one more way to expand the evidence you have and make sure they consider it all. They are going by the C & P results and how the rating schedule applies to your symptoms to give you the 30%. If your condition falls medically into a higher rating criteria-this is what they have to be told in the SOC response. An Independent medical opinion could help your claim-and if the affect to your employabiity is severe, this IMO could help with a TDIU claim. "Excrutiating Pain" as the C & P indicates- meds for excruciating pain can also be a factor in determining severity of a condition- some pain medication is so strong that ,along with the disability itself, it precludes employment-this too should definitely be mentioned to the VA- the meds you take and dosage for the pain- Also you mentioned scars-I cant determine if they considered or rated them in your award- If you go to http://www.va.gov/index.htm and click on the left link to the Board of Appeals, then in the search engine you can put hand for a search and then scars for a search and determine better how they rates these conditions.

I say he is wrong- I feel new evidence should be submitted with the NOD if possible or soon thereafter- I waited a year and a half for a de novo review so you do have time. When they get more evidence before they prepare a SOC- it can alter how they develop the SOC and also- in some cases, alter the claim and generate an award. I say send it in before that SOC is prepared and send them anything at any time until you get what you want- Is this guy going to be available to rep you at the hearing?

if a doctor states that they are residuals or caused by the AO NHL or its treatment, then claim them as secondary and VA will have to rate them. Does he have diabetes or any other AO related disorder? How about HBP -high blood pressure and if so I would ask the doc if that too is being caused by NHL or any SC condition (or even by any med for the NHL) His service military records should contain the PH write up- also he could apply for a DD 215- a corrected DD214 with the PH and any other awards he missed on his DD 214. I will attach the DD149 form for application for correction of military records. dd0149.pdf

"the c-file is silent (per DAV SO) on any response from VA after 2 statements in support of claim in 1981" if they did not decide this claim it is still open and that would be the actual EED- this is odd that there is no denial in the c file at all....... I meant by letter- I guess I meant your award letter -which you did get-sorry about that- In the C & P results did the VA doc state their opinion as to how this disability affects your employability? If I were you I would access the Schedule of rating disabilities which I believe someone posted- scars are ratable depending on their size, disfigurement, and pain- Also- has the VA made any determination on SMC?- You might fit into the criteria for SMC K award- $87.00 additional per month if you have loss of use of the hand to the degree as found withn 38 USC 1114. Has your SO said anything about that?

forgot to answer- a CUE claim on a BVA final decision should be filed with the BVA. An erroneous diagnostic code, if it caused you to be improperly rated (thus you lost comp) can be successfully challenged as a CUE in a final VA decision. CUEs are not medical issues-they are legal issues- regardless of the medical aspect- once an adjudicator determines a DC for a claim- that puts the claim by virtue of the DC (as part of the VA regs)into a legal situation and an opportunity for a CUE challenge.