Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Reduction Due To Va's Cue On A Prior Initial Decision


carlie

Question

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/Files4/1039219.txt

Allergic Rhinitis

In the July 2008 rating decision on appeal, the RO found that the

August 2004 rating decision contained CUE in its award of a 30

percent evaluation for allergic rhinitis. The RO concluded that

the Veteran clearly and unmistakably did not meet the criteria

for a grant of a 30 percent rating for allergic rhinitis in

August 2004, and the rating was reduced to noncompensably

disabling, effective October 1, 2008.

The August 2004 rating decision rated the Veteran's allergic

rhinitis as 30 percent disabling under Diagnostic Code 6522

pertaining to allergic or vasomotor rhinitis. A maximum 30

percent evaluation is warranted under this diagnostic code with

the presence of polyps and a 10 percent evaluation is assigned

when there are no polyps but a greater than 50 percent

obstruction of the nasal passage on both sides or complete

obstruction on one side. 38 C.F.R. § 4.97, Diagnostic Code 6522

(2003).

At the time of the August 2004 rating decision, the evidence of

record included the Veteran's service treatment records and the

report of a January 2004 VA examination. The service treatment

records showed diagnoses and treatment for allergic rhinitis

since May 1997, a finding of a deviated septum in May 2000, and

the removal of nasal polyps in June 2001 and January 2003. Upon

VA examination in January 2004, the Veteran had no nasal polyps

and reported that his symptoms were very well-controlled with

medication. He had not experienced an exacerbation of symptoms

in 18 months.

The Board finds that the RO's reduction of the Veteran's allergic

rhinitis to noncompensably disabling based on a finding of CUE in

the August 2004 rating decision was proper. The evidence clearly

did not establish the presence of any nasal polyps during the

applicable claims period, and there was no indication or reports

of nasal obstruction. In fact, the Veteran did not complain of

any current symptoms during the January 2004 VA examination, and

specifically stated that his disability did very well on

medication. The Veteran clearly and unmistakably did not

manifest any symptomatology associated with a compensable

evaluation under Diagnostic Code 6522, and the assignment of an

initial 30 percent rating in August 2004 was the result of an

incorrect application of the regulatory provisions extant at the

time. Therefore, the finding of CUE in the August 2004 rating

decision and the reduction of the Veteran's disability in July

2008 were proper and the claim is denied.

Link to comment
Share on other sites

  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines