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Possible CUE win?
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SPO
So after some prompting from some friends I got an appointment with the DAV to look at what I thought would just be a new claim to ask for in increase on my psoriasis claim (10%). After the DAV reviewed my records, including my C-file it looked like the VA had ignored some evidence that would have given me 30-60% rating for psoriasis, which is based on the use of immunosuppresive medication. We couldn't find a copy of my civilian dermatologist medical records in the file, but we did find where I provided them with the information to locate the records and a note asking them to retrieve them. No where in my C&P exam did it state the I told them I was on that medication, but in my decision letter the cited the use of immunosuppresive medication to treat the condition (information only available through my private doctors records.) Also I believe that the VA did not fulfill its duty to assist in accordance with federal regulation under title 38 CFR 3.159, which states they must provide notice as to the identity of the records they cannot obtain, as well as what efforts they have made to obtain them. No letter of that type exists in my file. The only letter is a generic letter asking if there is anymore evidence I would like to provide (no specifics included).
Using these medications for 6 weeks or more in the last 12 months (at the time the application was filed) can lead to a 30% or 60% rating. My decision noted other items to justify the 10% but did not mention the immunosuppresives in the paragraph that tell you why you got that rating. The DAV reps submitted a CUE for me, so if we are right I should be back dated to December, 2009. It could possibly take me from a 30% overall rating to 50-70% overall depending on which criteria they think i meet. Any else seem like this should be one for the veteran win column?
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Berta
That means the VA conceded that you had 'established medical evidence in their possession' at time of the decision, that confirms the use of the immunosuppressive drug. And that they did not consider
FormerMember
I'm somewhat like Berta. VA short-sheeted me so many times I became accustomed to the negative expectation. In this case, I suspect, short of some major reason like homelessness or medical exigency, a
Berta
Good.... I am happy about this award too.And you sure had a great vet rep! And you KNEW they were wrong on the initial rating! I think I will eat a chocolate brownie I just baked to c
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