Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Possible CUE win?

Rate this question


SPO

Question

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 by SPO
Link to comment
Share on other sites

Recommended Posts

  • 0

I'm very happy about this!   The October effective date to 60% is for the increase portion only ( I filed 10/21/16).  The cue effective date is December 2009.  All of this and the whole claim is only just over a month right now and should be completed in about a week or less.  They also corrected the condition from "skin condition" to actually calling it Psoriasis, which opens me up to file for psoriatic arthritis without to much troubel.

Link to comment
Share on other sites

  • 0

Yes...you mentioned that potential 'opening' before here and you were RIGHT!

Are you employed ? If not has the vet rep mentioned eventual TDIU potential to you?

Link to comment
Share on other sites

  • 0

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 celebrate your victory ( or maybe I will eat three or four)

The worse CUE claim of all, in my opinion, is the one that is Never filed.

We have another member here---I wrote a CUE claim for them and posted it here -yesterday I think...I forget where their posts are....that vet has a beauty too.

 

 

Link to comment
Share on other sites

  • 0

New CUE winner here. My CUE case was won by having the proper and complete information needed, as well as a BIG help from Berta, who provided a template statement that knocked it out of the ballpark!

I think if there is a moral of the story when it comes to CUE's, it would be to not allow the VA, Review Officer...to have to look for anything concerning your case. Provide it ALL as I did in person during a review, or if you have to mail it in, be SURE to send it return receipt, and have copies.

January 12th, 2017 when I and my *American Legion rep sat down with the Review Officer, I had a file folder 4 inches thick with proof, VA laws, medical records, including past C&P exams, past court decisions....ready to do "battle"

The battle lasted a whole 15 minutes as I was giving the Review Officer everything he need to make a decision, and he made it on the spot, APPROVED!

 

* American Legion rep was just there, I did all the legwork, all the talking...

 

 

 

 

Edited by allansc2005
Error
Link to comment
Share on other sites

  • 0

Thanks everyone for posting this.  I just read the entire thread because I have a similar CUE in the works for a skin condition rated the same as eczema.  However, my CUE is fubar at the St. Pete VARO right now.  They ignored the systemic medication I am taking back in 2009, and then in a recent C&P exam where they didn't include it in my medications.  They never asked me if I was taking medications - just marked "No" on the form.

I have posted my story in a new thread on this CUE forum and am getting help from Berta now.  

My VSO is no help and I have just written to the DAV to request better support.  

JustGettingStarted

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use