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CUE for Eczema-like condition going to RAMP

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JustGettingStarted

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I have another thread at  the link below.   Two years ago I filed for an increase on my skin condition and requested a back date to May 2009 when I retired.  I have been through a lot since then.  For skin conditions rated the same as eczema, the condition is rated on area of coverage or on how often you have to be on systemic (oral or needle) medications.  I was given 0% in 2009 when I retired and didn't know that I was being low-balled because I did not know my condition was related analogous to eczema. 

When I learned of this two years ago, I put in a claim requesting a higher rating and a back date to 2009.  First, I had an inept examiner that left out my medications.  I was denied and I reopened my claim for reconsideration saying the examiner had messed up.  Then my claim was denied again because the VA said I did not attend a new exam; they later admitted the exam was never scheduled.  Then I was scheduled for a new exam, but I noticed that someone had opened up a claim for increase on warts on my left hand, which was service connected at 0 when I retired.  I was concerned this skin exam was for the wrong thing, but I was assured by IRIS, and the VA 1000 number, that it was a full skin exam.  After travelling 1.5 hours to the exam, I learned the examiner could only look for warts on my left hand and could not discuss my other skin condition.  I was denied again.

At this point, I asked my dermatologist to sign a DBQ I filled out for him although he had never treated this particular skin condition.  However, I provided all the medical info and he signed the DBQ.  I reopened my claim again, sent in the new DBQ, and was finally awarded 60% and became 100% P&T,  but VA ignored my request for an earlier effective date.  So I reopened the claim again.  It only took 9 days for them to deny me saying my medication wasn't considered systemic and that due to a policy change they were able to reward me 60% in 2017 but they could not award 60% in 2009.  I quickly pointed out that CUE had to be based on law, not a "policy change", and that the skin law in my case had not changed since 2002.  There were also US Court of Veteran Appeal cases that supported my claim (see more at the link below).  My claim was opened again. 

This time VA sent me to another exam, which I felt was completely unnecessary since new evidence cannot be used in a CUE claim.  According to my VSO, they wanted to know if my condition was as bad as had just been determined a couple of months prior.  I felt like they were trying to prove fraud at this point, like I was only taking the medication I've been taking for 20 years to get a higher rating.  The exam was on 9 May 2017 and went well.  Despite being on suppressive medication, my skin disease made an appearance.  I reviewed the exam with my VSO and it seems the examiner got all the facts necessary for a success. 

I just got a copy of my decision from my VSO today.  Once again, the letter completely ignored my request for a back date.  Instead they acted as if I had requested an increase and denied that.  I was already rated at the maximum for my skin condition.  

So today, I filed a NOD and filed the Opt-in for RAMP.  I have selected the Higher-Level Review with the "informal conference" which could increase the length of time for my RAMP decision.  However, I don't want any surprises.  But as long as I was filing RAMP for the skin disease, I added a request for an earlier effective date for my upper peripheral neuropathy. 

I am so glad that RAMP has been opened to everyone (unless you have a docket number).  I wanted to jump on the RAMP wagon early before it becomes back-logged like everything else.  My VSO was all for this too.

I will keep you posted on how this goes.

.

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4 hours ago, Buck52 said:

JustGettingStarted

Have you ever considered request a DRO Heaing at your R.O.

 

Excuse my French, but H - E - double hockey sticks, No!  That kind of hearing takes over 800 days in Florida.  The reason I reopened my claim over and over again was to avoid that long wait.  As it was, with reopening the claim over and over, I did get my skin rating increased from 0 to 60% which put me at 100% P&T.  So now I am enjoying the benefits of P&T such as no property taxes, life insurance, etc...  If I had given up and done DRO Review, I would still be waiting for that 100%.

This is why I skipped DRO Review and went straight to RAMP.  I knew VARO was getting ready to decide on my claim again so I was following everything on RAMP so I could make an intelligent decision.  I also discussed it with my VSO.  RAMP was averaging decisions in 60 days before they opened it up to everyone.  They also have a higher approval rating than BVA.  My VSO knows two other VSOs that got their claims approved by RAMP in only 30 days.  

JustGettingStarted

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  • HadIt.com Elder

Roger that,

But did you inquire about the time wait for the DRO Hearing? each R.O Has different time schedules for this type hearing.

 anyway I see what your saying.

RAMP is to new of a program for them to be getting veterans hopes up (jmo) to be telling it has a 60 day approval wait time....I call that BS.

but as for as someone saying the  normal wait time in RAMP  is 60 days..I just do not believe that  .....IF it only takes 60 days to get a decision on a Appeal  claim  from being in the RAMP Program then yeah I would too but you can't always believe what you hear. 

I just read  any where form 125 days and longer, I'm sure they may advertise about  a 10% 60 day approval rate...that makes the program look great  until your again waiting in line being the other 90%

I just think a lot of veterans are miss- informed about RAMP  but hopefully it will be the way they predict it will be in 60 days or less. or even the 125 days.  a few months in a lot better than a few years.

Anyway good luck sounds like you got most everything covered   and that's a good way to be with your claims.

if you do get approved in the RAMP Program be sure and post your time wait on here so all of us can see how RAMP is truly doing.

 

Thanks

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We had 2 vets here with a similar skin condition and both filed CUE- for similar issues 

One filed a "GCY" CUE right away and he won- I forget how the other vet made out- 

If I can find their posts I will post  link to them.

You have a Great VSO rep!  So dont give up!

The worse CUE claim of all is the one that is ever filed.

I think you have a Beauty!

One question- are you 100% sure they have all of your Tricare med recs and pharmacy stuff?

 

 

 

 

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It was SPO and also Allan 2005 who won CUEs that I know SPO was a GCY CUE- and I think maybe Allan's too.

Their threads should come up unde our hadit search feature.

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8 hours ago, Berta said:

One question- are you 100% sure they have all of your Tricare med recs and pharmacy stuff?

 

 

 

 

BERTA, I am sure because I have submitted them more than once and more importantly, they are in my C-FILE.    Tricare has a Blue Button much like myHealthevet.  I was able to pull up my pharmacy records from 2004.  Also, my C-FILE had all my military treatment records with my initial diagnosis, the appointment where I was put on medication constantly for suppression, and subsequent records showing I had a pharmacy waiver to be on the meds constantly.  It is also in my 2009 C&P exam about 4 times.

I even have two decision letters that state I was diagnosed and put on the medication constantly while in service.  The first was from 2009 when I was service connected at 0 because I was rated on area of coverage instead of systemic meds.  The second decision letter was in Jan 2017 when they said I was taking the meds constantly in 2009; however, my med was not considered a systemic medication in 2009.  It went on to say there was a policy change in 2016 that reclassified it as systemic.  That was a serious error since the skin law did not change since 2002 and we all know the VA cannot base CUE on policy.  

I have seen plenty of BVA cases prior to 2009 where my med was classified as systemic and a recent US Veteran case on toenail fungus also supports that.  I think that case was for a 2004 claim.  It said the 2002 Title 38 was written so any medication taken orally or by injection for a skin disease was considered systemic.  Topical meds don't count.  If the veteran had to use it over a large enough area to be absorbed and be systemic, then they could still be rated by area of coverage.

BUCK52 - I did not need to inquire about the DRO wait time.  I know lots of Florida vets through Facebook that have been through that wait and also discussed with my VSO.  

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My RAMP application is not off to a good start.  I followed the instructions on this VBA video where it says technically you can't file NOD and RAMP at the same time, but you really can do it by filing the two together (Start at 7:00 to cut to that part).  

Today, I got a letter from the Appeals Management Office at Washington DC that says I can't file RAMP because I no longer have an open appeal.  It even says there was a recent decision on my appeal and I should refer to that.  This is so wrong since St Pete hasn't even logged in my appeal yet and I've never had one.

This is just so discouraging that one hand doesn't seem to know what the other is doing.  I've attached the opening of the letter I received.  I guess I will have to wait for St Pete to process my appeal before I can begin the RAMP process.  I was hoping to get a jump on this, but with my luck, RAMP will be as back-logged as the traditional BVA appeal system by the time St Pete gets to my claim.  

I am beginning to wonder if I should withdraw my NOD and go back to the reconsideration hamster wheel.  At least that is a wheel I know.

 

RAMP Denial.jpg

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