Rating Question

[Dave]

I filed a claim for a terrible skin rash I had. On my final physical exam from the military (while i still was on active duty) the military doctor stated I had dermatits over 20% of my body, on my chest and arms and legs. I had a VA exam several months later and the VA doctor said I had dermatis over only 1 percent of my body (he didn't even look at the rash, he didn't even ask me to remove my shirt -- that was August 2005). In Jan 2006, the VA service connected me at 0% for dermititus. I filed a DRO appeal as I knew they greatly underestimated my skin disorder. The VA sent me for a C&P exam in May o7 as part of the DRO appeal. The doctor correctly noted, although I've had extensive treatment, the rash was over 90% of my body. He also wrote, VA diagnosis of dermatitis is changed to eczema. Should now the 0% rating be 60% and retro back to my date of discharge? Does it matter that the doctor switched the diagnosis from "dermatitis to "eczema"? I think the CFR rating says "dermatitis or eczemz" so it should not matter.

Thank you.

[Berta]

"Under Diagnostic Code 7806, a noncompensable rating is

warranted with slight, if any, exfoliation, exudation or

itching, if on a nonexposed surface or small area. A 10

percent evaluation is for assignment with exfoliation,

exudation or itching, if involving an exposed surface or

extensive area; a 30 percent rating is appropriate with

exudation or itching constant, extensive lesions, or marked

disfigurement; and a 50 percent evaluation, the maximum

possible, is warranted with ulceration or extensive

exfoliation or crusting, and systemic or nervous

manifestations, or exceptionally repugnant. 38 C.F.R.

§ 4.118. "

The VA has changed diagnoses like this before to excema and the diagnostic code covers all sorts of skin disease.

This above citation is from an old BVA claim.

I suggest that you look up the regs to see if those percents have changed-

and this case shows what type os evidence is needed for a higher rating.

from: http://www.va.gov/vetapp96/files2/9614234.txt

If you filed formal claim within one year after discharge your EED (earliest effective date) will most likely be the day after your discharge if the claim is awarded.

All other claims filed beyond year after discharge most usually receive EED for retro back to date of filing the formal claim.

Edited July 29, 2007 by Berta

[Dave]

Thanks Berta,

I believe my condition falls unter Title 38 for skin conditions and I believe I should now receive 60% rating and believe it should be related back to date of discharge. I don't know why though the doctor "switced" the diagnosis from dermatitis to eczema? I think they are nearly the same thing or subsets of each other. I hope it doesn't matter for the ratings.

7806 Dermatitis or eczema.

More than 40 percent of the entire body or more than 40 60

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.....................................................

20 to 40 percent of the entire body or 20 to 40 percent of 30

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................

At least 5 percent, but less than 20 percent, of the entire 10

body, or at least 5 percent, but less than 20 percent, of

exposed areas affected, or; intermittent systemic therapy

such as corticosteroids or other immunosuppressive drugs

required for a total duration of less than six weeks during

the past 12-month period...................................

Less than 5 percent of the entire body or less than 5 0

percent of exposed areas affected, and; no more than

topical therapy required during the past 12-month period...

Or rate as disfigurement of the head, face, or neck (DC

7800) or scars (DC's 7801, 7802, 7803, 7804, or 7805),

depending upon the predominant disability.