Cue, What I Should Be Doing?

[livingrock21]

I have another thread here on my claim, but that was a couple weeks ago.

A little about my claim for anyone that doesn't remember anything about my last thread, or didn't see it. I got my findings back in November. I was rated for something other than what I have. It was stated in my findings that they rated me this way because my condition isn't in the VASRD. Thats not the case. I can look my condition up in the VASRD right now, and I can give the diagnostic code for it. There was no reason for them to rate me under the code they did. When I got my findings and read the way they rated me in my findings, I called and asked what I should do to get all this fixed. The claims representitive that I got seemed to be helpful (we all know most arent), and said I needed to fax in a letter of reconsideration. Long story short, they now have my claim in as an increase. I wanted it to be a reconsideration! They haven't gotten one thing right with my claim. I still have the original letter that I faxed them, and it says nothing about an increase. I want to be rated by the right diagnostic code, which would intern increase my percentage.

The military and the va are both supposed to rate under the same criteria, which is the VASRD. Well the military got it right when they medically retired me, so why couldn't the VA get it right, especially since I turned my findings in from the military when I filled my claim. This really is just unbelievable.

So, the more I have thought about all of this, I really feel like I should have a CUE in the system. I want to know what I need to do to get all this in order (what form, what evidence, how to present all this). I'm not sure if it will help or not, but the codition that I have is called erythromelalgia, and it's in the VASRD as diagnostic code 7119. They rated me under paralysis of the median nerve which I believe is rated under diagnostic code 8515.

Please help me, I want to get this filled ASAP, from what I've seen on this forum the turn around on a CUE with good evidence is pretty quick 3-4 weeks. Is that pretty accurate on time? Any help anyone thinks they can give me would be greatly appreciated.

Thanks in advance.

[71M10]

I am currently in the process (first time).

You need to send a NOD (notice of disagreement). After submitting the NOD there are two paths this can go down. A formal appeal to BVA (Board of Veterans Appeals) initiated on a VA Form 9, or a denovo review by the DRO (decision review officer) which happens in the local VARO. Due to backlogs both will be time consuming but the DRO route should be faster than the formal appeal to BVA. Additionally the DRO route still allows you to appeal to the BVA if the justice you seek is not provided. I believe once you go the formal appeal route you cannot then request a DRO.

Denovo review is supposed to be a fresh look at the evidence of record by a DRO or acting DRO who is generally a senior rater or member of managment and did not participate in the initial rating action. I asked for a hearing so that I could be sure that they at least read or hear my reasons for questioning the rating that was provided. Another good reason for requesting the hearing came up on the boards today. If you have requested a hearing with the DRO they really can't complete your review before it is granted (it is your right to have one). This can prevent them from doing a quick and incomplete review that would force you into filling a formal appeal that could take 2-5 years to resolve.

One thing to not lose sight of in all of this is that you must have a VA form 9 filled within a year of the decision date or the decision becomes final. My decision date was May of 07 so if I don't hear anything by the second week of April I'll be filling out a blank Form 9 and sending it certified mail return reciept requested.

As always, if I missed something I invite others to perfect/correct the informaiton I have provided.

Best of Luck and Best regards,

Tyler