My Claim: Increased, Denied and Deferred

[Shotlife]

Good evening.  My claim was decided.  My rating for anxiety with depressive features at 30% and changed to PTSD at 50%.

My VSO said I should be furious at the denial for Psoriasis and Prostatic Arthritis.  We filled a NOD with DRO.  He said get ready for the long haul. 

Lastly the CUE on my shoulder was deferred.  Considering this was going back to 04/2011 and my C&P went very well I am hoping this is a good sign.  

Any insights?

[broncovet]

Cue deferred??  Hmmm, that does not make sense.  Since CUE is supposedly based on the evidence available at the time of rating, how can they have new evidence, suggesting a deferral?  

Generally, deferral means there is something missing they are waiting on.  

[Shotlife]

For VA Medical Addendum/ Clarification 

[Berta]

Yeah- hard to know why they deferred a CUE. Maybe you got the wrong C & P exam?

 

https://community.hadit.com/topic/68491-spo-won-his-cue-claim/

"My VSO said I should be furious at the denial for Psoriasis and Prostatic Arthritis.  We filled a NOD with DRO.  He said get ready for the long haul. "

Why didnt he file a CUE on it- 

I helped SPO to file a Go Cue Yourself VA CUE- it should be in the above link or under a hadit search.

I been  been Very successful with that tactic- getting decisions reversed in mere weeks-

Also Allan 2005 here used this tactic as well- search here under GCY VA in the CUE forum or 

Cue in the appellate period-if he never heard of this ( I asked the VA to issue a Fast Letter on it but that was when Sec Shulkin got into some problems  and left VA)

 

 

[Shotlife]

To be honest Berta I had a really hard time apply the example to my case on the psoriasis.  I had a great word letter from my Corpsman and a "reasonable" letter from a private dermatologist. The only one in Minnesota I could even get to offer anything on it.   My corpsman's statement was filed as a lay statement.  In the decision they didn't reference either of the statements. 

Want me to upload them?

[Berta]

Do you have an established nexus in your Service Medical Records to the skin condition?

Can you scan and attach the decision here? Cover C file # name, address ,prior to scanning it?

To include the evidence list-

as well as the letters they ignored.

It might be a CUE unde 38 CFR 4.6 but your VSO would know that by now-

 

Edited July 2, 2018 by Berta

[Berta]

Did you claim the skin condition as secondary to something else?

Or claimed it for direct SC????

If the Corpsman treated you for a skin condition in service, that letter would be probative evidence.

If they didnt consider it, it is a CUE.