Effective Date Error a CUE?

[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:

• Am I correct?
• Can they say they Reopened the Dermatitis claim? My understanding is they cannot Reopen a claim until after a year since the decision.
• Do you think they are dragging their feet until after May 2 when the year would have passed to save a couple thousand dollars in retro?
• It feels like a backroom deal between the RO and my VSO
• I plan to get the NOD in with or without my VSO on Monday May1.
• If this thing goes south for any reaso, including retribution, do I have a case for a CUE?

Ha...This wasn't as brief as I thought it would be. Your help is greatly appreciated.

 

[EODCMC]

E-Ben and Vets now reflect the increase...no package yet.

[vetquest]

congratulations.

[Berta]

Yippee!

We can check over the decision when you get it, to make sure it is correct....

 

I feel VA makes as many errors in award letters as they do in denials.

 

 

 

 

[EODCMC]

Thanks Berta, I just returned from travel. Yesterday the Big Yellow Envelope (actually, it's white) arrived. Everything was as aforementioned. The good news is I am 100% P&T, if being disabled can be good.

 As discussed, the Effective Date is  Feb 9. not the original effective date " May 2, 2017 - I received a SC disability letter for Dermatitis at 10%. This was retroactive with an Effective Date of March 1, 2017". I will redact and post the decision over the next couple of days.

I have not received the retro because I am retired military and they will take a couple of months to do the audits.

Thanks again for your help.

[Berta]

You are so right- being disabled is not good News 

BUT that P & T designation is GREAT!!!!!!!

You probably know the P & T bennies- but we will go over the decision when you can post it, as they do make mistakes sometimes.

You give very good advice here to others and we are getting more and more lifers ( retirees)-thanks again for posting the CRSC link here today or maybe it was yesterday----

gee I just realized how many emojis we have here---- !!!!!!

I wish when we comment on VAOLA in decisions, that we had a emoji of Pinochio's nose growing, when we see something that seems like a C & P examiner stated an outright lie-

or if someone thinks they will actually get accurate info from "Peggy"

well I have to a , take a , and get my weed wacker put away because it  is going to in beautiful southern tier of New York   (more cows than people).