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I am very confused on this situation and was wondering if this seems like i should file a CUE and what i should do or if there is regulations laws i should quote when i submit one.
I received my Original C&P exam for Narcolepsy on April 11, 2014 at 10:30am and I feel that the form is intentionally used to discredit and set me the veteran for failure, and lower rating due to not explain to the C&P examiner and the patent that the sleep attacks and other symptoms I was experiencing from (Narcolepsy) is generally rated under diagnostic code 8108 which provides that the disability be evaluated as petit mal epilepsy. Petit mal epilepsy is rated under general rating formula for minor seizures per 38 C.F.R. The new and current Narcolepsy DBQ is different from the one i was given in 2014, and does not mention anything about the relation to a seizure disorder. Also, in the section where it says cataplectic (narcoleptic attack) It is not specified the separation of the two different aspects of narcolepsy. cataplexy is defined as the sudden loss of muscle tone while a person is awake and leads to weakness and loss of voluntary muscle control. A Narcoleptic attack is a bout of extreme day time sleepiness that can last an undetermined amount of time and can cause you to fall asleep. At the time of the exam in 2014 I believe I was not asked about cataplexy or (narcoleptic attacks) both were glossed over even tough in my military records it shows a doctor statement from 27 Nov 2013 at the 5th medical group at Minot AFB, and I quote “The sleep study did diagnose narcolepsy. Patient Falls asleep frequently during the day, ranges from 5-20 times per day.” If you are to review narcolepsy under the current and past C.F.R code. After having a MSLT and a PSG test were doctors monitor you through the night and day this can be interpreted as witness seizures, the doctor at Minot AFB further confirmed this with his statement. Narcolepsy can greatly affect daily activities people may unwillingly fall asleep even if they are in the middle of an activity like driving, eating, or talking which I have. So, under the current and past C.F.R code for narcolepsy Rated under the general rating formula for petit mal seizures states the following.
Note (1): A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness.
Note (2): A minor seizure consists of a brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (“pure” petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type).
General Rating Formula for Major and Minor Epileptic Seizures:
Averaging at least 1 major seizure per month over the last year 100
Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly.
The statements made and the evidence provided at least qualifies for a rating of 80%. On the C&P exam on his statement it says patient has sleep attacks and under patient statements it says daily so I know for a fact i told him how many it was a day. The page that says 5-20 a day is the first page in my military chronological record of medical care. I am unaware if the ones he had at the time contained this information, or if he saw it and chose to ignore it and not take it into consideration, or he was unaware what a narcoleptic attack was. I believe that there is a clear and undeniable error that the C&P examiner marked the wrong box for the C&P exam under symptoms section B Stating I only have 0-1 attacks every 6 months. The evidence was clear and indisputable and not under interpretation by him because it was a matter of fact.
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I am very confused on this situation and was wondering if this seems like i should file a CUE and what i should do or if there is regulations laws i should quote when i submit one. I received my Original C&P exam for Narcolepsy on April 11, 2014 at 10:30am and I feel that the form is intentio...