Looking For Clarification On Cfr 38 Section 6208

[wingnut73]

I am already service connected for: residual scar of head, face or neck; squamous cell skin cancer and was awarded 10%. and for residual scar, ( all linear scars from head to toe), squamous cell skin cancer, and was rated 0%.

I had surgery recently that removed a good sized chunk of my right ear, 2.0 cm X 2.6 cm. ( invasive basal cell carcinoma, (malignant)

I with the assistance of the DAV applied for an increase, which was turned down.

wWe requested reconsideration that is pending.

Now to my main question. I cannot get the VA to recognize that CFR 38 part 6208 applies. By the time my claim goes thru the wringer the 6 months at 100% refered to by 6208 will have expired. Any advice?

[Berta]

They would have to pay you retroactively, and that is not dependent on the expiration of the 6 months, from what I understand. It is medical evidence that establishes the 6 month criteria.

"I with the assistance of the DAV applied for an increase, which was turned down.

wWe requested reconsideration that is pending."

Good this is great...but mark your calender because the VA likes to try to piss away our NOD deadline on some reconsideration requests.

This is nothing wrong with sending them the actual regulation,too along with the Reconsideration Request. Did they list the newest surgery records as evidence?

Edited August 18, 2014 by Berta

[Berta]

The regulation is here: