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bva decision not upheld Delay in obtaining accurate coding & rating even after BVA hearing w a DC judge in 2016
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ColdWarVet8488
What should be my next move?
Even after going before the BVA Washington DC judge in Jan of 2016 & receiving a positive answer from him supporting my claims & being told by the judge that after 8 yrs of waiting for an answer (filed in 2008) I should receive a final decision w/in 6 months, it has now been 2.5 yrs.
The judge said that "a grave injustice was done" to me in 1988 when i ETSed & VA miscoded my Sjögrens disease (a chronic systemic autoimmune disease & connective tissue disorder) as chronic dry eyes bc there was & is no VA disability code for Sjögrens even to this day. Although i had the triad of Sjögrens: dry eyes (i do not have adequate tear production), dry mouth (do not produce adequate saliva), polyarthralgia, they only rated my eye condition as conjunctivitis instead of lacrimal gland disorder. AND according to the analogous regulation 38CFR 4.20, they should have coded me Lupus or Rheumatoid arthritis (an analogous systemic auto-immune disease) so that I could have put in for rating increases as my health declined, according to the judge.
Time in service:
7/17/84-7/15/88
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