What Should My Next Step Be?

[Dave]

I just received my rating letter and the VA service connected my peripheral neuropathy (upper and lower) but both at 0 %. I provided a letter (sent certified and received) from my doctor that stated within the letter that my PN was moderate incomplete paralysis, but the rating decision says it is not even mild. However, the rating DOES NOT list the letter from my doctor as evidence used and does not reference it in their decision. I fully believe the rater never saw it, but they had it over a month before the rating. What should I do? A NOD for DRO review and state the rater did not consider medical evidence? This really frustrates me that they did not consider the medical evidence my doctor provided and now will further delay my disability claim. Please help.

Dave

[broncovet]

Dave

I do agree with Berta in that you should ask for reconsideration, just like she said. I would not worry at this point whether or not it is CUE, because you are within the one year period. CUE is normally for people who did not file a NOD within one year of the decision..and then discovered that the Regional Office violated some regulation, that is, Clear and unmistakable error. I do think that CUE cant simply be a "judgement call" where you think it should be 70% but the RO rated you at 30%. However, if you could show they failed to consider evidence, then that is CUE because the law requires they consider all evidence. Isnt that correct, Berta?

[john999]

If you have PN you should have gotten 10% at the very least. I got 10% in all four limbs.

[Ricky]

doctor that stated within the letter that my PN was moderate incomplete paralysis

Did he do any EMG testing to support this statement?

I agree with the below that it should have been rated at 10 percent per limb affected, however your doc is probably going to have to conduct the test in order to support his opinion.

If you have had an EMG then I stand corrected - I did not see it mentioned in your post.

[Dave]

There was no EMG, either by the VA or my doctor. All the VA did was take a toothpick, break it told me to close my eyes and tell them if the pain was dull or sharp. My doctor gave me a complete medical examination, reviewed my medical records, reviewed the C&P exam and noted my condition required medication to control - and stated that all in a letter and concluded by stating that my PN caused moderate incomplete paralysis -- as indicated by his medical examination. My doctor did much more than what was included in the VA exam. I feel I have much stronger evidence as the burning in my hands and feet are only slightly relieved by medication. My complaint is the failure of the VA to get the letter to the rater and causing even further delay in the rating decision. But that is water under the bridge. Lets see if the VA now gives me a fair rating.