Here is an interesting contretemps. You finally get rated for, let’s say, DM2 and they give you 10%.  What would you think if you applied for PN secondary to the DM2 and they whacked your DM down to 0% and gave you bilateral for all four extremities for 40%? Pretty screwy? You bet.

Back in 2008, I finally got rated for hep and PCT. They gave me 10% for the PCT based on DC 7815 -scars for 10%. I filed a NOD for an earlier effective date and also asked for a rating for my monthly phlebotomies at 40%. As there is only one mention of phlebotomies in the entire Diagnostic Code under DC 7704 (Polycythemia Vera), VA is obligated to use it under 38 CFR § 4.20 (analogous ratings). No ifs, ands or buts about it. However, it doesn’t conflict with DC 7815 so the strictures of §4.14 (pyramiding) do not apply.

I was reading back over my March 2010 rating and noticed that they had 86’d my 10% and substituted the 40% in its stead. No mention of why. No “Sorry Mr. Nod but you only get 40%.” Nothing.  Just a fait accompli and a denial for an EED.

So, being the little so and so that I am. I filed CUE today for removing my 10% illegally. VA calls that an outcome based decision and I reminded them of that. Oddly, when they gave me the original 10% for scarring, they said it comprehended my phlebotomies like I was a turnip Wagoner and wouldn’t know the difference. Sorry, Charlie, but DC 7815 doesn’t mention bloodletting.

We will see how well this is received.  Considering they refused to even entertain my argument about an EED to 94, my guess is they’ll want to fight me tooth and nail all the way to the mortuary. It has resonance with me because I am going to be (hopefully) rated back to 1994 for the Hep and the PCT. Obviously, another 10% on top of 40%/10%/10% would be nice. That guarantees I’ll be at 60%. I wouldn’t trust them not to shortsheet me on the hepatitis back then at 0%. VA loves to hand out Crackerjacks boxes with no toy inside and tell you you’re a winner.  Don’t fall for it if they try something similar on you. This is a classic VA bait and switch ploy.