Bva For Eed On Psoriasis

[David301]

Hi good afternoon, Need some help here. Wow a hard time to post this SOC. Here is the issues: I filled July 08, 2010 unfortunately through DAV which I had to invoke 2 years ago. I received 0% rating Sept. 2012, filed NOD within 2 weeks, VA came back 0% April 2013 filled new & material evidence civilian dermatologist records May 2013 with other issues for disability. I have 70% with psoriasis 30% & 10% scaring & disfigurement. This should go back to date of file 7/08/10 or date of retirement 1/01/10 like other rating % I have... I had QTC DR exam 2/16/12 the cfile exam <5% for both total body are/Exposed area. No mention of dermatitis which I filed on 7/08/10 When I had the exam I believe VA/QTC did not have all my USN medical records especially 2000-2009. I had to send my USN dermatologists records 3 times to VARO & 1 time was through US Congressman. Which I think would have proved more than 20%. 2nd QTC/C&P exam different DR 1/06/14 completely different measuring tape tries to count plaques gives up too many scalp & face.. VA award letter Feb 10, 2014 30% & 10 scaring & disfigurement nothing changed was worse on 1st C&P exam...Both exams did take pictures of area's.... Broken service had 10% for right knee meniscus tear prior which VA stopped upon reentry to USN. I did not ask for increase & DRO review which is what leads now to VBA appeal May 21, 2014 now to get Form 9 done go to WDC... I also in same situation with another decision but have time.... I read lots of advice, help & success here... Thanks final posted... Need to add NOD filed again 2/13/14 on EED should be date of retirement or date of file. I will take either, I know if file within 1 year from separation goes to date of separation or retirement...

Thanks,

David

DECISION:

Entitlement to an effective date for the 30 percent increased evaluation for psoriasis is denied'

TheeffectivedateofMayS,20l3remainsunchanged.

REASONS AND BASES:

You filed a claim for psoriasi s on 07 -21 -20 1 0 '

VAratingdecisiondated0s-23-2l:2grantedserviceconnectionforpsoriasisandassignedan

evaluation of 0 percent effective 01-01t010, the date following separation from service'

Youlrledatimelynoticeofdisagreementwiththisdecision.WeissuedyouaStatementofthe

case (Soc) on o+_t+_2013 that continued the evaluation of psoriasis at 0 percent from 01-10-

2010. You did not complete and return the vA Form 9 to substantiate your appeal'

you submitted a claim for an increased evaluation on 05-08-2013' VA rating decision dated 02-

'3-z'l4increased

the evaluation of psoriasis to 30 percent disabling effective 05-08-2013' the

date you filed Your claim'

you filed a timely notice of disagreement on 02-21-2014 and elected to participate in the

Decision Review officer program. rtris decision is based on a "de novo" review of the evidence

described.

In your statement submitted with your notice of disagreement you reported that you believed your

effective date for psoriasis at 30 percent should be from 01-01-2010' You had psoriasis that

coveredupto40percentofyourbodyfromthetimethatyouwereintheserviceuntilpresent.

you were granted a 0 percent evaluation and you filed a notice of disagreement in 09-2012' You

were not satisfied with that decision and were told to leopen your claim' Your understanding was

thatiftheclaimwasgranted,youreffectivedatewouldbe0l-01-20l0becausetheclaimwas

never closed out'

VETERANS

Treatment records from Dr. Nguyen, ppM dated 02-rr-200g showed dermatological examination

that revealed no lesions, sores or discoloration. The texture, tone, and turgor were norrnal' There

was adequate digital hair growth'

Records from Dr. Nguyen dated 03-31 -2009 showed your dermatological examination was

unremarkable.

The vA examination on 0i-26 -z'rzshowed a diagnosis of psoriasis- Treatment was with topical

costicosteroids of ress than 6 weeks d"r;,i;;. itr" lnyri"ut elxamination revealed the total body

area was less than 5;";;;"rra,n" whole body area was less than 5 percent'

Treatment note tiom Dr. camar'ro dated 09-30-2013 stated that your psoriasis was stable' The

documentea rn"Ol"utio"' *ttt topical prescriptions for dry skin'

Records from Dermatology Specialists dated 10-0g-2012 showed Sebopsoriasis; psoriasiform

plaques with micec."", .l""ftand aboJ io : p"'"t"t gS'A'ibodv surface area) distributed on the

scalp, face, elbowr, ;; chest and on",rpoio" Lack;.soles with mild hyperkeratosis' Treatment

on 02-25-2013 showed psoriasiform ptu'qt'"' with micaceous scale distributed on the scalp' face'

elbows, and groin. A few small areas ;;;; "" the back. Treatment was with topical creams'

Records from Hemet Dermatorogy aut"a t 2-27-2013 showed treatment for psoriasis on the

elbows, scalp, post ear, penis, una .y"uio*1.-rn" diagnosis was PS 5 to 10%' Treatment was

with toPical medication'

Treatment note from Dr. vadmal and Dr. Taheri dated 06-2013 showed psoriasis on the elbows'

chest, back, and penis' Treatment was with topical cream'

TheVAexaminationon0l-06-zL|4revealedadiagnosisofpsoriasis.Theconditioncaused

scarring described as visible lesions "; ,-""t" iu".,"urra chin. Treatment was with oral or topical

medications in the past 12 months. T;;;i;il was with topical corticosteroids' The examiner

reported the total bfdy area was 5 p"t"*' U* less than ZO p"t"""t' The total exposed area was 20

percent but less than 40 Percent'

Entitlement to an earlier effective date prior to 05-0g-20r3 for the 30 percent evaluation is not

warranted. The provisions of 3g cFR i.+oo (0) provide, ,'u,,'" effective date shall be the date

of receipt or.rui- o, ih" du,. entitlement uror", whicnever i, tut"'' If the increase occurred within

one year prior to ,ft"'i"" of claim, ,h";;;;;";e shali be the date the increase was factually

ascertainable. If the increase o".,,.r.1 ut", irr" dat. of ciuim, the increase shall be the date of

claim.

The ava'able medical evidence fa'ed to show your disab'ity met the 30 percent evaluation

criteria prior to the2014VA examiriiti"t. si"l" th":Y;;tt was showrafter the date you filed

your claim, tr-r" .ii""iive date of 05-08-2013 was assigned' Although your claim had been

Vt I TKANb

continuouslr-prtrsecure; since 1.',ur raring in l01l. n'e sent )'ou a Statement of the Case (SOC)

and based on De \or.. Revie*lthe evaluation of 0 percent was continued because the available

medical evidence ar rhar rime t-ailed to shorv your disability met the 30 percent evaluation criteria.

The earliest date that it rras t-actuall-v ascertainable that your disability met the 30 percent

er,aluation criteria w.as the date of the VA examination on 01-06-2014 therefore the effective date

of 05-08-2013 was assigned as the date you filed your claim'

The 30 percent evaluation is assigned based on 20 to 40 percent ofthe exposed areas affected.

Additional symptom(s) include:

. At least 5 percent, but less than 20 pefcent, of the entire body affected

. No more than topical therapy required during the past 12-month period

A higher evaluation of 60 percent is not warranted unless there is:

. More than 40 percent of the entire body affected; or,

. More than 40 percent of the exposed areas of the body affected; or,

. Constant or near-constant systemic therapy such as corticosteroids or other

immunosuppressive drugs required during the past 12-month period

Note: Systemic Therapy must consist of corticosteroids or other immunosuppressive drugs

Corticosteroids are anti-inflammatory drugs that are synthetic derivatives of the natural steroid,

cortisol, which is produced by the adrenal glands. They are called "systemic" steroids if taken by

mouth or given by injection u, oppor.d to topical corticosteroids, which are applied directly to the

skin. Corticosteroids that are applied topically are not considered systemic for VA pulposes

Edited July 17, 2014 by David301