Possible CUE win?

[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?

Edited October 21, 2016 by SPO

[SPO]

Here is a picture of the letter 

[Berta]

WOW, Thanks for managing to scan it and post here...This is FINE!

It is so much better to see something verbatim than to just it is OK.

He cited Fugo V Brown... a Very nice touch.!!!!!!!!!!

This should be a winner...(.I only hope they resolve it in this century.)

Your vet rep is on the Ball !!!

 

[SPO]

Thanks for all the help.  I checked on ebenefits and it's already in gathering evidence(submitted 10/21/16).  The 256ez medical records, and cue letter have been submitted.  Should I hit the "ask va to decide you claim button"?

[Berta]

I sure would. It isnt often that a vet can get support for a CUE from a vet rep. I think they have all they need to decide it.

[SPO]

has anybody else had any luck with something similar.  Hoping since it has moved quick off the bat that it will continue to move.  I believe the error is pretty clear, but I'm worried they will drag it out anyway.

[Berta]

I had a few CUEs awarded in mere weeks but  one took 8 years.(IHD 1151/AO) and the SMC CUE took about 6 years.

I never had one go to the BVA.

The most recent one went fast because I asked them to immediately CUE a denial, within days of getting the denial,because they did not consider my evidence. This was earlier this year...a few weeks later they sent the award letter.

The first one I did for my daughter was a CUE with an NOD regarding her DEA. The dopes forgot to add to her entitlement date, her 7 years of military service. The regulation was right on the VA Edu Chap 35 form where it said she should fill out and attach her DD 214.

It took 3 weeks from the date she mailed what I prepared and sent to her in DC to sign and submit herself.

She could not believe how stupid the VA DEA letter was that she first got from them.I said Welcome to my world!

VA EDU is often an oxymoron.