I was just reviewing my husband's very first rating decision and noticed the C&P exam notes for the Reasons and Bases section. The VA examiner named two compensable secondary conditions, but only one was rated. The two have overlapping symptoms, as systemic conditons often do, but they have different diagnostic codes. Two sentences are quoted, and each sentence mentions one of the conditions. Should both have been rated, even if we didn't mention both? Actually, we didn't mention either of them, but we did file a claim for the primary condition to which they both are secondary.
Also, with the one rated, the VA failed to apply the "next higher evaluation" rule. The disability picture is more closely related to the next higher rating because the symptom from the criteria for the lower rating is described as the "beginning" of this symptom, but the C&P examiner called the condition "chronic" and described the symptom as it is when it is well established. Is that a CUE?
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Guest Morgan
I was just reviewing my husband's very first rating decision and noticed the C&P exam notes for the Reasons and Bases section. The VA examiner named two compensable secondary conditions, but only one was rated. The two have overlapping symptoms, as systemic conditons often do, but they have different diagnostic codes. Two sentences are quoted, and each sentence mentions one of the conditions. Should both have been rated, even if we didn't mention both? Actually, we didn't mention either of them, but we did file a claim for the primary condition to which they both are secondary.
Also, with the one rated, the VA failed to apply the "next higher evaluation" rule. The disability picture is more closely related to the next higher rating because the symptom from the criteria for the lower rating is described as the "beginning" of this symptom, but the C&P examiner called the condition "chronic" and described the symptom as it is when it is well established. Is that a CUE?
Carrie
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