Preparing Nod

[kw34]

Here is an example of the failure to follow their own rules and how they dont proof read or spellcheck their documents. So much for checking for accuracy.

My question, Is anyone aware of this one year rule and could you give me the reg. If you read the evidence below I completed treatment March 2007 recieved SC on Dec 2007 clearly less than 1 year 8 months to be exact. Am I off base here?

Medical records indicate that you underwent Interferon-Alpha therapy for March 2006 to

March 2007. An earlier effective date nor a 100 percent evaluation is warranted because

from the date of onset of your treatment to the completion date of antineoplastic

treatment was more than one before you were service connected for this disability. You

have to be service connected before payment can be awarded. Service connection was not

established until December 5, 2007 in which treatment ended more than one year before

your claim was received at the VA.

[kw34]

Berta,

Yes, along with 1 year of chemotherpy!

The reg said "If treatment is confined to the

skin, the provisions for a 100-percent evaluation do not apply."

Was the treatment more extensive than just the skin?

What is your current SC rating for this condition?

[Berta]

They seem to be questioning that the claim was filed after the treatment and after service connection was established.

The VA will pay retro for one year prior to filing a claim but only usually when a SSA award clearly shows total disability from the same SC condition-and in that case the VA rating will be TDIU or 100%.

In all other cases (except for some Nehmer AO claims) the earliest effective date is the day the claim was filed-

(unless filed within first year after service-the EED then becomes the day after discharge)

I think they are saying they cannot award for what they were unaware of-because the claim was filed on the EED they gave you.

The rating seems too low-do you disagree with the % they gave you?

[kw34]

Berta,

Yes I feel it is low rating it is becausre the rater did such a sloppy job I will post more of it. My C&P was very good but required the rater to do a little work.

I am not looking for EED but based on 7833 it reads like I am entitled to the 100% because it does not mention a 1 year time frame. The last sentence states 1 year form the end of treatment which is 8 months. Treatment ended Mar 07, SC Dec 07 which is less than 1 year. If there is a regulation that says it could you post please.

Medical records indicate that you underwent Interferon-Alpha therapy for March 2006 to

March 2007. An earlier effective date nor a 100 percent evaluation is warranted because

from the date of onset of your treatment to the completion date of antineoplastic

treatment was more than one before you were service connected for this disability. You

have to be service connected before payment can be awarded. Service connection was not

established until December 5, 2007 in which treatment ended more than one year before

your claim was received at the VA.

[kw34]

I scanned this in from my C&P exam

1. Biopsy site @ lower third of L. shin is 10 cm in diameter x 1.5 cm

deep(loss of

tissue), with tender, hyperpigmented, adherent, scaly scar at base. There is

slight decrease in perception of touch over a 1 cm rim around the biopsy

site.

There is some edema of the shin distal to the biopsy site with minimal

hyperpigmentation of the skin around the biopsy site and in the area of

hyperpigmentation

2.L. groin dissection site; a) 21cm long x 1 cm wide, slightly tender, non

elevated or depressed, without loss of tissue. There is 3 cmx 2mm firm

well

healed nontender, non adherent scar under the dissection scar.

3. There is a 7.5cm long x 10.5cm hyperpigmented graft site on the middle R

anterior thigh. Non tender, non adherent, not depressed.

This is what the rater used as evidence to rate the scars they should be rated individually one is on the shin and one in the groin. 1st scar under 7801 rates 20% 78.5 sq.cm area of a circle pi times the radius squared because it is painful can be rated under 7804 additional 10%. 2nd scar rated under 7804 because of pain 10%. 3rd SC'ed at 0% I agree.

Because the evidence shows the left lower extremity two scars have tenderness, slight

edema, and decreased sensation, a 10 percent evaluation is assigned. A 10 percent

eval uation is granted when there is one or two scars that are unstable or painful. A higher

eval uation of 20 percent is not warranted unless there are three or four scars that are

unstable or painful.

Edited July 29, 2009 by kw34