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diabetes Is This Cue?
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Question
Guest Morgan
I have three days to send NOD to the RO. If someone would like to review and critique this , go for it!
I don't fully understand the timing to declare CUE, or even if this is one, but I thought I needed to address this error. It is currently lumped with diabetes mellitus at 20%.
Here's what I have so far:
As to lumping my renal dysfunction with my diabetes mellitus rating, this is in error, as the CFR says it is to be rated separately, and makes no further provision for doing otherwise in my case.
7541
Renal involvement in diabetes mellitus, sickle cell anemia, systemic lupus erythematosus, vasculitis, or other systemic disease processes. Rate as renal dysfunction.
My renal dysfunction should be rated separately, secondary to cardiovascular conditions, and in fact, has met the criteria to be rated at 100% (see attached IMOs):
Requiring regular dialysis, or precluding more than sedentary activity from one of the following: persistent edema and albuminuria; or, BUN more than 80mg%; or, creatinine more than 8mg%; or, markedly decreased function of kidney or other organ systems, especially cardiovascular... (Emphasis added.)
As required in the CFR for a 100% renal dysfunction rating, the “markedly decreased function of kidney or other organ systems that precludes more than sedentary activity” is clear, as my main organ systems—cardiovascular and pulmonary—are each rated at 100% disabling and my doctors statements clearly declare each as causing a sedentary lifestyle. Common sense concludes that two organ systems rated 100% disabling would indeed substantiate “markedly decreased function of organ systems.” Even so, I have attached new medical evidence concerning both organ systems to further substantiate this fact.
Carrie
Edited by MorganLink to comment
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