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 what I sent on IRIS:

I recently submitted a Clear and Unmistakable Error claim for my skin condition which was originally awarded in 2010.  I would like for someone to confirm that it was received and acknowledged as a clear and unmistakable error. I was informed today that the Baltimore regional office is requesting that I receive another exam at the va medical center for this condition.  I believe this may be an error in processing and I would like to know why the exam is being requested. I believe   The C.U.E. should be a review of the information from the time of the original decision.

[SPO]

Any chance you could get me those numbers soon.  I don't have a lot of faith at this point.   Also should the DAV not have submitted the 526ez?

 

IRIS responded with the basic stuff about my claim is in the development stage and they need exam results and they will let me know if they need anything else. Didn't actually answer my question.

Edited October 25, 2016 by SPO

[Berta]

All working numbers as of June 2015, as far as I know:

 

Baltimore Md VARO

Acting Director Antoine Waller

410-230-4510

410-230-4516 (Fax)

antoine.waller@va.gov

VSCM Amy Hill   410-230-4530 X 2082

Philadelphia RO 

Director Diana Rubens 215-381-3001

215 381-3489 (Fax)

dir.vba.phi@va.gov

AVSCM Frederick Johnson 21-842-2000 X 4669

AVSCM Ameen Khabit 215-842-2000 X 4138

Phila Pension Management division

Gary Hodge 215-842-2000 Ext 5807

 

 

 

[SPO]

So DAV called me back this morning, They looked at my file and it turns out that they filed for an increase as of 10/21/16, as well as the CUE.  So it was technically 2 different claims and they have only started on the increase not the CUE.  The C&P exam is for the increase.

[Berta]

Good that is great!

But I have VAOLA Paranoia because I am a hardcore claimant........

It appeared to me that the DAV filed the CUE prior to any additional claim but I could be wrong, and I sure hope the open CUE claim appears in your ebenefits account soon.

When Phila Nehmer was adjuducating my AO IHD death claim, filed in 2010,I reminded them that my CUE claims of 2003,2004, were still pending at my RO, set for BVA transfer, and those CUEs were contingent on a proper AO award  and since they had been filed prior to the AO claim, I wanted Phila RO to adjudicate them first. They did.

It took them,(Phila RO) at that point,  a mere few weeks to adjudicate and award those CUEs, and included that in the AO IHD award. (2012) I cant believe how long that took at Buffalo since 2003 and still no proper decision,.....then again , I do believe it is because they (Buffalo) cant read.I am putting every decision I ever got from them into my book.All BS rhetoric , they even tried to make up a regulation, but could not cough that phony regulation up, and I sure fought back.

Part of that period of time from 2003 ,I had a vet rep but he didnt have a clue on anything and was useless and was asking me to help with some claims he buggered already.  The DAV seems to be definitely helping you..

 

[SPO]

The only problem I see now is that I already clicked the button to make a decision without more info, because I thought I was looking at the CUE.  They might need more current medical records for the increase claim.  Would me submitting more info kick it out of fully developed?

Edited October 26, 2016 by SPO