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Diagnosis change

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So I have plenty of questions trying to get this straightened out.  My original diagnosis from the VA was Dermititis (the decision letter says   "minimal erythematous slightly scaly patches (claimed as skin condition)"  Since being out of the military it has been officially biopsied and diagnosed as Psoriasis. I filed and claim and I am going in for a new C&P for increase.  Should or will they adjust these conditions on my claim.  They both have the same rating criteria.  However I want to file for a secondary condition of Psoriatic arthritis eventually.  Is this going to be a problem with previous compensation and the increase.  My current medical records don't reflect the same condition as the decision letter.

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I haven't diagnosed myself with psoriasis or psoriatic arthritis, both came from my doc.  The issue I'm considered with is if they will service connect the arthritis without the underlying psoriasis being the condition identified in my award.

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While you may have to appeal this, you dont need to understand the difference between "psoriasis or psoriatic arthritis" to get benefits for the same.  There are 2 issues here. 

First is service connection.  Once service connected, the disabilty percentage is based on symptoms.  You wont be paid for symptoms of psoriasis and for the same symptoms of psoriatic arthritis.  You will be paid for the greater of the two.

We see this with mental health conditions a lot.  There is depression, PTSD, bipolar etc, and they can all cause similar symptoms.  But you get paid for ONLY one set of symptoms, pyramiding prevents Vets from getting compensated for the same symptoms from 2 different diagnosis.  

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I understand that but my condition that has been confirmed as psoriasis is listed as a different, but similar condition on my decision.  So can I can't link a sencondary condition if the first isn't properly identified.

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Do this, if there is a discrepency:

1.  Look up the rating schedule for psoriasis, to include the symptoms for the rating criteria.

2.  Do the same for psoriatic arthritis.  

Insert your symptoms into both, seperately.  See what your max rating on each is.  Compare that to what your actually got.  If you have been lowballed, then an appeal is indicated, or, as Berta stated, if its been over a year since your rating, this could be CUE if VA failed to maximize your rating giving you the BOD on each and giving you the greater of the two.  

While CUE does not give you the BOD, the VA is required to give you the BOD before they rate you.  

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In the initial thread here , under the CUE forum I think you were repped by the DAV for the CUE.

Is the DAV rep aware of the changed diagnosis? That in itself could be a CUE.

I mentioned before that VA had rated my dead husband's 1151 stroke at 80%, using the wrong diagnostic codes and failing to consider his SSDI CVA award and also his VA Voc Rehab Records, and significant other evidence....such as a student loan waiver his VA doctor signed...all indicating he was 100% P & T ,under 1151.

Although those errors were corrected , in 2012 ,the VA ,since then still read his older ratings incorrectly on a case I have before the BVA. The director of my RO actually INSISTED that the stroke was not 100% P & T until I Very strongly suggested that she actually read the evidence, and the prior Nehmer award that awarded the CUEs , that her RO sat on for about 8 years.

 

My long point here is if diagnostic code errors are not corrected, they will follow the claimant ( even in the claimant's death) to make accrued claims miserable ,in some cases, for their survivors.

The director somehow learned how to read the evidence very fast on their incorrect ratings and that battle was over.....I cant wait until the BVA sees this crap in my C file.   :lol:

I bet BVA will be surprised at the battle I had over the last award I got -that came from the BVA.

I even used a prior significant BVA statement from another BVA case I had, and they ignored it, granted the DIC for direct SC death ,but did NOT want to pay the retro........until the OGC called them..after I called the OGC.and asked them for more settlement money..because -since the RO did not want to honor the original wrongful settlement, it was still subject to negotiation.....:rolleyes:

Suddenly the cash was in the mail.

 

Then again the BVA made quite a point of all of the evidence VA had from me, that the RO  had consistently ignored for my DMII AO death claim. The award should have come from the RO, not years later from the BVA....  and this is the absolute BS that many of us have to deal with, and that makes  our grateful nation's debt for your sacrifices so long overdue.

I get concerned here when we give links to other hadit discussions or to specific regs etc and I feel many don't take the time to read what we want them to, which will help them with their claims.

Not regarding this post....just something I have noticed here many times.....

 

 

 

Edited by Berta
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