ptsd Dro Did Not Use Results Of C&p Exam

[Shark]

A little background...I was rated 80% SC in July of 2008 (50% PTSD, 10% x 4 for PN, 20% for DM2). I filed for TDIU and was denied in September, 2008 and filed a NOD in October of 2008. In July of 2009 I filed a new claim for GERD and HTN.

In August of 2009 I get a letter from the VARO stating that a request for IU is considered a request for an increase in all of my SC conditions. I was scheduled for a PTSD C&P, and a medical C&P for all of my current SC conditions as well as the GERD and HTN in September of 2009.

The PTSD C&P stated that my PTSD was continued and that I was unemployable. The medical C&P service connected the GERD and made the HTN secondary to DM2. The medical C&P also stated that the PN in both lower extremities and the left upper extremity were now moderate.

Last week I received a decision letter that gave me 10% for GERD, 0% for HTN, and 0% for diabetic neuropathy. They stated "An examination will be scheduled at a future date to evaluate the severity of your service connected post traumatic stress disorder with depression." They also continued the 10% rating for PN on all 4 extremities.

My major problem is with the PN. They wrote in the decision that my PN was mild and warranted only 10 percent. They said it needed to be moderate to warrant 20%. The most recent C&P (9/2009) stated that my PN was moderate in the lower extremities and left upper. It appears that the DRO missed that. What should I do to correct this...can I file a CUE?

Any help is appreciated!

Ric

Edited June 7, 2010 by Shark

[Berta]

If the DRO didnt understand the C & P exam and used the results incorrectly-you could request that the VA CUE themselves due to their legal error.

"I was advised that the VARO considers a request for reconsideration the same as a NOD." Not at all true- two separate things.

If they dont act on the reconsideration request, and the year NOD clock times away- before they act on the recon request-you can easily lose your appellate rights.

Sometimes a Reconsideration request will contain the statement that 'if this reconsidertion request is denied' please consider this as a formal Notice of disagreement too.I dont trust the VA to do that in each case.

"71M10

Posted Today, 07:46 AM

Greetings All:

I saw in this thread someone stated file a NOD (I think VA) If he was in for a DRO that would have been from a NOD already. Doesn't he need to File an appeal to BVA - Form 9, within the perscribed time or the decision becomes final?

Best regards,

Tyler"

Yes-has a I-9 been filed yet????? Tyler raised an important question!