The VA service connected me for "Raynaud's Syndrome with Chilblain's Syndrome" in 2013.
I am interested as to whether or not the following statement in the rating decision might constitute a CUE, based on various VA lawsuits (inferred claims)
"NOTE: It was unclear from your statement received April 1, 2012 if you were claiming paresthesias, hyperhidrosis, nail abnormalities, persistent athletes foot or you ears as part of Raynaud's / Chilblains. Please clarify your statement and notify us if you are specifically claiming those issues separately from your already service connected disabilities."
** I did appeal the Raynaud's rating, however the above items were never addressed nor were they evaluated.
Specific court cases:
Shockley v. West, 11 Vet. App. 208, 214 (1998);
Collier v. Derwinski, 2 Vet. App. 247, 251 (1992)
Buie v. Shinseki, 24 Vet. App. 242 (2011)
• “VA has a well-established duty to maximize a claimant's benefits.”
AB v. Brown, 6 Vet. App. 35 (1993)
• “A veteran is presumed to be seeking the greatest possible benefit unless he specifically indicates otherwise”
Bradley v. Peake, 22 Vet. App. 280 (2008)
• “This duty requires use of the Diagnostic Code that is most favorable to the Veteran. The applicable Diagnostic Code that results in the highest evaluation must be used, in other words.”
Here is the text of the evaluation:
"As the evaluation criteria for Chilblain's is so similar to the evaluation criteria for your Raynaud's syndrome, a separate evaluation cannot be established. 38 CFR 4.14 notes that the evaluation of the same manifestations under different diagnoses are to be avoided. Therefor, your condition is evaluated with your Raynaud's syndrome."
" We have assigned a 40 percent evaluation for your Raynaud's syndrome based on:
- Raynaud's syndrome with characteristic attacks occuring at least daily.
- Chilblains syndrome with cold sensitivity, color changes, hyperhidrosis."
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jlrith
Good day,
The VA service connected me for "Raynaud's Syndrome with Chilblain's Syndrome" in 2013.
I am interested as to whether or not the following statement in the rating decision might constitute a CUE, based on various VA lawsuits (inferred claims)
"NOTE: It was unclear from your statement received April 1, 2012 if you were claiming paresthesias, hyperhidrosis, nail abnormalities, persistent athletes foot or you ears as part of Raynaud's / Chilblains. Please clarify your statement and notify us if you are specifically claiming those issues separately from your already service connected disabilities."
** I did appeal the Raynaud's rating, however the above items were never addressed nor were they evaluated.
Specific court cases:
Shockley v. West, 11 Vet. App. 208, 214 (1998);
Collier v. Derwinski, 2 Vet. App. 247, 251 (1992)
Buie v. Shinseki, 24 Vet. App. 242 (2011)
• “VA has a well-established duty to maximize a claimant's benefits.”
AB v. Brown, 6 Vet. App. 35 (1993)
• “A veteran is presumed to be seeking the greatest possible benefit unless he specifically indicates otherwise”
Bradley v. Peake, 22 Vet. App. 280 (2008)
• “This duty requires use of the Diagnostic Code that is most favorable to the Veteran. The applicable Diagnostic Code that results in the highest evaluation must be used, in other words.”
Here is the text of the evaluation:
"As the evaluation criteria for Chilblain's is so similar to the evaluation criteria for your Raynaud's syndrome, a separate evaluation cannot be established. 38 CFR 4.14 notes that the evaluation of the same manifestations under different diagnoses are to be avoided. Therefor, your condition is evaluated with your Raynaud's syndrome."
" We have assigned a 40 percent evaluation for your Raynaud's syndrome based on:
- Raynaud's syndrome with characteristic attacks occuring at least daily.
- Chilblains syndrome with cold sensitivity, color changes, hyperhidrosis."
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