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Effective Date Error a CUE?
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EODCMC
I will be simple and brief unless more specifics are asked of me:
May 2, 2016 - I received a SC disability letter for Dermatitis at 10%. This was retroactive with an Effective Date of March 1, 2017.
Subsequently, during one of my regular visits to VA Dermatology I questioned the VA Dermatologist (specialist) on the % of my body that was affected. She put in my notes (My Health Vet) that it affected more than 60%. Additionally, I had a C&P exam for sun damage and actinic keratosis (AK). The examiner put on the DBQ that more than 40% of my body was affected by Dermatitis.
Feb 9, 2018, I submitted a Reconsideration to increase the original assessment from 10% to 60%. I was and still am within a year of that decision.The VA sat on this, presumably because they were going to lump this with the Sun Damage and AK. Not so!
Apr 10, 2018 - I emailed my VSO a filled out NOD for submission. She asked me to hold off and see if there was something internally that she could do to move this along. I reminded her that MAY 2 was my deadline.
Apr 25, 2018 - I told her to submit the NOD.
Apr 26, 2018 - She sent me the following e-mail:
----------------- "Just wanted to check in with you b/c the VA made a decision on your claims! The VA increased your rating of dermatitis to 60% effective February 9, 2018. The left and right lower extremity radiculopathy were both granted at 10%. You are now rated at 100% permanent and total. The VA will be sending you the rating decision in the mail shortly. Please review it carefully and let me know if you have any questions."
I thanked her, but yesterday I sent the following:
"I just noticed the effective date you indicated on your previous e-mail concerning the Reconsideration for increased rating of Dermatitis. Shouldn't this be March 1, 2017? That's not a small amount of retroactive dollars. As you are aware, I am at the 12th hour concerning a NOD, should that become necessary.
I could see this date of Feb 9, 2018 being the effective date of the bi-lateral radiculopathy.
Please advise, should we still submit the NOD for Dermatitis? We could always cancel it if everything looks fair when I received the formal package.
FYI, I have seen no change on E-benefits nor Vets.gov."
My questions:
Ha...This wasn't as brief as I thought it would be. Your help is greatly appreciated.
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FormerMember
It's fairly obvious what the VSO pulled off. S/he simply filed a new claim for the dermatitis @ 20% or more of exposed skin or the Rule of 9. A reconsideration is technically only feasible within a 72
Berta
THANK YOU GASTONE- I asked here right after this recon regulation was published for comments on what it meant because although many (but maybe only a few of us)vet advocates gripped about the One year
EODCMC
Berta, thanks for the reaffirmation and offer of help. I will certainly do as you suggest. I'm a little torn between gratitude of the VA (My Country) with my disappointment with their process and
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