Validation on my CUE

[jmksmk2013]

The VA is trying to pull the wool over my eyes, and I just would like some validation/help/advice. 

I filed a claim back in August 2018. I had gotten a rating back in 2011 for a Hysterectomy with urinary stress incontinence and residual scar. They rated it all together. Fast forward to 2018 I was told to re-file as the scar and urinary stress incontinence are secondary and rated individually. I get my letter from the VA and they say yes, they are rated individually, but urinary stress incontinence is only rated now August 2018, but they back dated my scar to 2011.......how is this correct?

Then I was recently rated for IBS at 30%. "After" I was given my IBS rating I put in another claim for fecal incontinence secondary to IBS. They sent me my decision letter and now it says in my disabilities "IBS (also claimed as fecal incontinence)" so they grouped it together when I know fecal incontinence is it's own rating, and mine happens to be severe. I know that they don't want to rate it on it's own because that would move me up the SMC scale.

So I have called the VA. Every time I called from my phone it said they were busy and couldn't take my call. My husband called, he is a Vet as well, put in his info, and what do you know someone answered. I told them my file number and they brought up my info and put me on hold for the longest time. I finally was able to explain the IBS/Fecal incontinence fiasco and thy said they would get back to me. I never heard from them.

So then I send an appeal. I had several papers in the appeal, paperwork from my original rating for the hysterectomy and I showed how it was all grouped together, but just now given separate ratings, one back dated to 2011, the other August 2018. I talked about the error situation with the IBS and incontinence. 

I get a packet from the VA two weeks later telling me the paperwork in my appeal was too old and they couldn't help with that. They sent me copies of my paperwork, all except my cover letter that stated the recent ruling, the recent ruling paper work, and another corresponding letter that was in 2018. They only included the old paperwork that I sent as evidence. 

I feel like they are dodging me. They also didn't pay me correctly, when I call the VA no one can tell me at which SMC rate I am supposed to be getting paid at, which according to my letter should be L 1/2, with one K, but those numbers don't add up. They didn't pay me K for like 3 months, and every time I try to get ahold if someone they hang up or act like they have no clue what I'm talking about.

Today I filed a CUE for the Fecal Incontinence and the rating date for the urinary stress incontinence, but I just feel like I'll get pushed to the side or lied to again. It shows on my disability compensation claim form that I claimed fecal incontinence secondary to IBS, even one of the ladies I managed to get on the phone from the VA said she saw it on her end. And I don't understand why they would rate the scar back to 2011 but not the urinary stress incontinence. I am at a loss. 

[broncovet]

Its hard to tell from what you posted.  Can you scan the decision which you allege is CUE?  Or, are you relying upon ebenefits for your information?  You dont want to be filing CUE strictly on what ebenefits said.  

Cue is only filed on a final decision..not on ebenefits.  

[jmksmk2013]

Still trying to figure out the website....I hope this is a reply to the answer I got.

I do not feel comfortable downloading anything, but I can tell you what this part of my letter. The VA sent a decision letter to me in August in regards to my hysterectomy. It rated the scar at 0% and dated it back to 2011. It rated my Urinary Stress Incontinence at 60%, told me it was just now ratable and dated it on the day of the letter in August of 2018.

This is what is says in my letter:

"The evaluation of urinary stress incontinence is increased to 60 percent disabling effective August 14, 2018, the day VA received your intent to file and claim.

Please note this condition was previously evaluated with total abdominal hysterectomy at 0 percent. Since this condition is now compensable, it is now evaluated separately."

I have always had the incontinence, just as I have always had the scar, but only now did they rate the scar and incontinence separately, back dating the scar to 2011, and the incontinence 2018. This does not make sense.

My letter, a different one, states that "IBS (also claimed as fecal incontinence)". I claimed fecal incontinence only "after" the IBS, and I claimed it as secondary. The letter doesn't talk about the fecal incontinence at all, not the severity of it, nothing. It' like I never received the exam. And I have severe incontinence issues. 

[Okichewy1]

I thought due to the pyramiding issue, when 2 things fall under the same (digestive system), they are combined and rated with the most severe symptoms?  Both IBS (DC 7319) and the fecal incontinence (DC 7332) seem to fall under the digestive system, so wouldn't that be pyramiding if they rated them separately?  

[jmksmk2013]

One has to do with sphincter control so no. 

[vetquest]

You do not feel comfortable downloading, I can understand that but it helps to figure out what is going on.  Redact your name and SSN from the information you upload.

[jmksmk2013]

I already posted what it said. 

Edited January 17, 2019 by jmksmk2013