ptsd Opinions On Ltr To Varo

[ruby]

I don't know how to start this CUE/Recon, I know I can't reconsider without new evidence which I don't have at this time, I don't want to say CUE yourself morons so any help is appreciated.

STATEMENT IN SUPPORT OF CLAIM-RECONSIDERATION

The following is submitted for reconsideration for the reasons stated below.

1. In reference to your correspondence dated May 1, 2009 on page 3 paragraph 4, you stated "Your rating decision and this letter constitute our decision based on your claim received on February 21, 2008. It represents all claims we understood to be specifically made, implied, or inferred in that claim."

This statement is incorrect, while I may have not been specific in my request on that date, it was implied/inferred that the following actions would occur.

The VARO would change the dx code of 7819 to a more appropriate analogous diagnosis code dx code of 7806 and an appropriate rating be assigned with an effective date of December 2007. In addition to the implied/inferred claim, I followed this up with correspondence that was received by by S. Clement at the St. Pete Regional Office on May 2, 2008. This letter was not noted in the evidence section of the decision.

Hidradenitis Suppurative is a disease of the apocrine glands that produces infected cyst which leads to scarring. This condition should be rated as both a disease process and scarring. In accordance with 38 U.S.C.S. statute 5107 (a).

I am currently prescribed by the Dermatologist near constant antibiotic therapy Doxycycline 50 mg bid, benzoyl peroxide solution qd, tretinoin 0.1% q pm and sun screen while taking the doxycycline. I have frequent yeast infections, constipation and stomach distress while taking the doxycycline.

The doxycline was first prescribed by Dr Vasey MD, Chief of Rheumatology, at James A. Haley VA, in Tampa, Florida in December 2007 for the diagnosis of Hidradenitis Suppurative. He then referred me to Surgery which referred me to Dermatology for medical management of this condition that is now service connected.

2. The aforementioned paragraph is not stated under the August 2008 claim for PTSD due to personal trauma, I am sure this was an over sight on the VARO’s decision letter. TDIU was not inferred by the VARO as required by 38 C.F.R. § 4.16. Total disability ratings for compensation based on unemployability of the individual. In addition I have provided you with a portion of a 2001 Memorandum by the General Counsel (022) for you to review regarding this issue (full copy enclosed)

In Department of Memorandum

Veterans Affairs

Date: July 6, 2001 VAOPGCPREC___12-2001

From: General Counsel (022)

Sub: Robinerson v. Principi, No. 00-7009, 2001 U.S. App. LEXIS 11008 (Fed. Cir. May 29, 2001)

HELD:

The only holdings in Roberson v. Principi, No. 00-7009, 2001 U.S. App. LEXIS 11008 (Fed. Cir. May 29, 2001) are the following:

1. Once a veteran: (1) submits evidence of a medical disability; (2) makes a claim for the highest rating possible; and (3) submits evidence of unemployability, the requirement in 38 C.F.R. § 3.155(a) that an informal claim "identify the benefit sought" has been satisfied and VA must consider whether the veteran is entitled to total disability based upon individual unemployability (TDIU).

2. A veteran is not required to submit proof that he or she is 100% unemployable in order to establish an inability to maintain a substantially gainful occupation, as required for a TDIU award pursuant to 38 C.F.R. § 3. 340(a).

Tim S. McClain

The following evidence was submitted to support this inferred claim and is in your possession. Letters/Medical notes by Dr. Hummer Ph.D and Dr. Shriner MD . They stated I am permanently disabled by symptoms of PTSD and my prognosis is poor. These statements should have triggered TDIU. In my claim I asked for 100% rating based on these statements.

I am requesting that the VARO readdress this issue and TDIU, P&T be granted. I am including VA Form 21-8940.

In accordance with 38 C.F.R. s4.3 the resolution of reasonable doubt should be applied.

While I am on social security disability for a non service connected condition ( on appeal), if I did not have this condition, my PTSD symptoms and my service connected physical disabilities i.e. cervical arthritis, asthma, arthritis left hand and foot would prevent me from obtaining substantial gainful employment.

[Pete53]

If its CUE than you should ask for CUE. ALthough it happens occasionally its not likely the VA will consider CUE unless you ask for it.

My opinion only

[Berta]

I agree with Pete that CUES should beclaimed as a CUE claim- but then again this is well prepared and as a Reconsideration Request it could certainly have the same results.

One cannot cal a CUE on a decision during the appelate period and file a CUE claim-but that is when one can ask them to CUE themselves.

I dont have a reg on that -there isnt one but I used this tactic before-and I imagine many others have too.

In 1996 I got the wrong amount of money on something and I even forget what it was-

I pounded on an old Brother's typewriter (had no Word programs then)to the VARO that they had made a clear and unmistakable error in their decision of (date) as they were unable to perform very simple addition, to my detriment ,as the check amount I got was completely wrong as well as the decision explaining it.

Three weeks later the check was in the mail for their error.

This however could be filed as Reconsidertion Request- either way I think this vet has made very good points to call their attention back to the claim-maybe sooner then later.

I would add 'Request' after Reconsideration on the top part but other than that I feel it is fine.

Still watch out for the NOD deadline if they do not react to this.

You made excellent points in this.

Edited May 20, 2009 by Berta

[carlie]

ruby,

I would also add the level of specialty field the doctor's have achieved,

such as "Dr. Shriner MD", any specialty field there ?

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You posted,

"The VARO would change the dx code of 7819 to a more appropriate analogous diagnosis code dx code of 7806 and an appropriate rating be assigned with an effective date of December 2007. "

Although they do not set precedence, if you have BVA or Court decisions that

support your contention of a more appropriate analogous code, I would surely

blip those docket numbers in there -- to help VARO connect the dots.

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"Hidradenitis Suppurative is a disease of the apocrine glands that produces infected cyst which leads to scarring. This condition should be rated as both a disease process and scarring. In accordance with 38 U.S.C.S. statute 5107 (a).

I am currently prescribed by the Dermatologist near constant antibiotic therapy Doxycycline 50 mg bid, benzoyl peroxide solution qd, tretinoin 0.1% q pm and sun screen while taking the doxycycline. I have frequent yeast infections, constipation and stomach distress while taking the doxycycline.

The doxycline was first prescribed by Dr Vasey MD, Chief of Rheumatology, at James A. Haley VA, in Tampa, Florida in December 2007 for the diagnosis of Hidradenitis Suppurative. He then referred me to Surgery which referred me to Dermatology for medical management of this condition that is now service connected."

I would also request, state and show (by listing per say date of treatment records) by the

medical evidence my request for the highest percentage allowed, zero thru 50 %.

It's looking good.

Hope this helps a vet.

carlie