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dermatitis denial


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I put in an increase for VA compensation for dermatitis from 30 to 60 percent, and it was denied, by them.  The letter stated that only 20 to 40 percent of entire body affected.  The second part of the 60 percent rating states that you have to have used constant or near constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12 months.  I have used various topical ointment constantly for several years now to treat my dermatitis.  Why would they not have rated me at 60 percent

Thank you


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Hi Coastie, welcome to Hadit. You're right on rating criteria; diagnostic code is 7806 for rating purposes. https://www.law.cornell.edu/cfr/text/38/4.118  You need to get a copy of the C&P exam. Then, most likely, you are going to get a new exam by your doc that agrees with the criteria for the higher rating.  You need medical opinion that supports the claim, not your own evaluation. I'm not saying that you don't have the symptoms, but now you have to have a dermatologist say so.

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As I said, you need an independent medical opinion that says not only it is service-connected and your symptoms and treatments including topicals meet the criteria for the next level. You could waste your time and go for a higher level review but it isn't likely going to change your rating. If you want to skip that, you want the independent opinion in the file prior to appeal to BVA.

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Alternatively, you know the specific requirements for 60%. Ask your primary care provider to put into your personal medical records specific wording that confirms the requirement. If they put it into the record that confirm "constant systemic therapy with (name the medication) for over 12 (or 36 or 48) months."

Once you have this, submit a secondary claim with new evidence (new evidence = your new medical records confirming the above). This "should" get your increase.

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So, the VA is my primary care provider, I submitted the list of ointments used on a daily basis for my skin condition (dermatitis), during the C and P exam, so they are well aware of what I am using and how often, they are used, which is daily / constantly for over 2 years now, at the least.  

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