ptsd How Do I Proceed

[CKHodges]

I spoke with length to a 1-800 rep on Friday. According to her data and my recently received (10 Nov 13) Supplemental Statement of the Case, the Regional Office completely disregarded my request to review my skin condition. They did complete a review on my PTSD and increased that rating. However, after speaking with the phone rep my case will now go before the BVA and sit for 656 days...or she said I could file a CUE. I've attached documentation that the VA has received on numerous occasions regarding my case. I fully believe that clear medical evidence, case law, and the CFR supports my claim and the initial rating date.

My question is how do I proceed from here? Do I file a CUE or sit for two years waiting on the BVA?

Any thoughts would be welcome.

Thanks!

Chris

Should I CUE.pdf

[CKHodges]

This is pretty much what I am trying to convery: http://www.va.gov/vetapp14/Files4/1430655.txt

I was rated in 2011 under CFR 7806...so none of the old provisions or rating schedules apply to my claim. My service medical records clearly show systemic therapy for acne (for years) and my C&P exam stated I was on systemic therapy.

Looking at this CUE, it seems if I followed a similiar construct I would have some success...obviously one case isn't gospel but it does give me hope.

[RUREADY]

just asking doesn't a cue have to be a final decision?? and if so this claim is still in appeals

he could maybe ask for a reconsideration. jmho

[FormerMember]

DC 7806 uses the Rule of nine (9). If you are not familiar with it, it may be why you are having difficulty absorbing the gist of DC 7806. http://en.wikipedia.org/wiki/Total_body_surface_area. VA doesn't advertise it so you may not be aware of it. Each segment has to be totally involved. If not, a percentage determination has to be arrived at via an arithmetical means. A dermatologist measures it and computes it. Remember also that it's disjunctive as in X % of total area OR X % of exposed areas. Exposed areas are short-sleeve shirt exposure, short pants and head/ neck /scalp.

VA tried to rate my Porphyria under DC 7815 and said phlebotomies were "constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period" and gave me 10%. I objected. Then they switched to DC 7704 and said 40% for phlebotomies but the VA examiner said I was totally disabled and was housebound because of photosensitivity and the anemia associated with phlebotomies. VA now says they don't have to follow the C&P findings... Then they took the 10% under DC 7815 back and gave me zero. I had a complete (private) skin exam and bingo-19.25% of exposed areas affected. You need one if you want to call them on 7806 or any of the Rule of Nine ratings between DC7800- 7823. The phlebotomies are considered heavy duty the same as Kidney dialysis as in 4.115. VA disagrees with me. But then VA rarely agrees with me so far.

a

Clear prop

[CKHodges]

Thanks both of you. No my appeal hasn't been finalized, but I figure I will try and educate myself to the best of my ability now. That way when my appeal is denied/closed I will already be cognizant of the issues/pitfalls and have a good plan on how to move forward. I don't want to wait until after the appeal closes to begin my education process. Or put a different way, I'm a slow learned and this VA stuff reads like Ikea furniture assembly instructions...so i had better start learning now!

Rule of nine is pretty familiar to me, it is the same standard we use for calculating percentage of burns to the human body...I've been a paramedic for years. My body surface area isn't excessively high, because I am taking my medicine and will continue to take it. Others have suggested I go off it to prove my point...I'd rather avoid that and the subsequent medical issues that come along with it. Truly, if I have to place my health at risk and stop my meds to prove that I actually have a serious condition...then the VA is more broken that I think it is.

Again, thanks to you both. I am certainly learning as I go along!