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    • Roger That Gastone Will do ASAP. Thanks
    • Load, your at 90%, is your Direct Deposit account set up to Txt/Email you in real-time, regarding all Financial Transactions? Prior to 01/03/2016, I would have agreed with Buck, regarding E-Ben being less than accurate as to Future Completion Dates. I've had (2) Awards in 16, E-Ben posted updates at Least (2) weeks before the Retro Hit. In years past, Retro Hit about a min of 3 weeks before your Decision Letter Arrived, sometime after that, E-Ben was updated to reflect your New Award Info. It definitely appears to me, somebody at E-Ben finally got their Sierra, Hotel, India, Tango together. Semper Fi
    • Thank you for responding.

      All of the original claims were denied of “The evidence does not show a current diagnosed disability” with the exception of the chronic sinusitis, which stated there was no event in service. He claimed no problems even though over 100 pages of civilian medical records for treatments showed otherwise.

      In May of 2012 I sent back the following letter:
        Notice of Disagreement (NOD)
      Dear Sir/Madame: I am in receipt of your letter of 11 April 2012. In that letter you have denied my application for a disability
      rating I claimed 16 AUG 2011.

      Please accept this letter as my Notice of Disagreement (NOD) with your decision.

      My reason for this NOD is an incomplete CP exam was performed along with the examiner not reviewing multiple current civilian medical records and diagnoses.

      I request a Decision Review Officer Process (DRO) appeal and I request a personal hearing.

      I never did get a personal hearing but it turns out they did send a packet in Dec 2012/Jan2013.  I did not remember this until I went through my files. Sorry about that  - I really didn't think I had received back anything.  Dangit - It really gets frustrating when you can't recall a lot of things.  This head injury really screwed up my life!

      It turns out they did send me a request additional data and I sent in a Statement in Support of Claim.  I also did find a copy of the VA Form 9 requesting a hearing but it was only to appeal two of the original issues, and out of that the TBI was eventually rated. 

      I don't recall getting a docket number.

      SO - false alarm.  Again, my apologies for not recalling any of this.  The only thing I need to worry about is having my existing ratings reversed, which I hope is safe because of all the documentation, including VA doctor letters.  If anything, the TBI residue is more severe than what they rated and only gets worse every year.
         
    • Just did a quick read, did you say anything about your Direct Deposit Account getting Retro Deposit yet? 01/03/16, went on my E-Ben site for my yearly 100% IU T & P Confirmation Letter, to file for the yrly MI DAV Property Tax Exemption. Much to my surprise, the Confirmation page now showed I was 100% Scheduler T & P and receiving $354?.00 per mos instead of the $31??.00 that was actually deposited 01/01/16. The Retro from the 12/15/15 Quality Control Award, hit my bank account about 2 weeks later. If E-Ben now shows your at 100%, don't sweat the Development Letter Deal, just be sure your Direct Deposit Account is set to Txt/Email you in real-time regarding all Financial Transactions. Swmper Fi
    • Buck, Pun intended, Quit Dicking around. Send the Secure Msgs requesting the ED DBQ to your PCP, Urologist and MH Clinician. Remember to give a Reader's Digest version of your ED Symptom Timeline. You Officially file a request for their assistance on your MHV Secure Msg, the Request is Noted in your VMC Med Record within a couple days, as is their response to your Msg. After you get the response, attach a copy to your ED FDC and hit the Submit Button. With your ED Issues discussion being in your respective VMC Clinician's Treatment Notes &/or the DBQs, an ED C & P should be unnecessary. The SMC K Award would be added to your 100% Comp + SMC S (1) for a total of about $3545.00 per mos (Vet w/Wife). Semper Fi





Ryguy

Got My C@p Exam Report Today

12 posts in this topic

Today I got my c and p exam report, this exam was for an appeal for cervical and spine issues, I already received disablity for lumbar back issues. OK, it says that i'm noted to have DJD cervical spine (2008), and right arm sensory neuropathy was diagnosed in (2011). He took the range of motion notes from a previous exam that I had 2 months ago for adaptive special housing assistance. Then in his remarks it says. Opinion it is less likely than not that the veteran's neck dondition is related to his service connected lumbar strain. No medical evidence exists that indicates that lumbar strain causes DJD of the cervical spine. It is less likely than not that his current neck pain noted in 2008 is related to the in service Motor vehicle accident. He was not complaining of or treated for neck pain while in the service. It is unlikely that neck pain manifested 8 years after the in service accident could be a residua of the accident.

So i'm like WOW, this isn't good, although I have a battle buddy statement noting my complaints to the doctor about neck pain and I also submitted my doctors medical opinion saying that it is more likely than not , that my issues were caused from this accident.

Does this sound like i could lose this case big time or what? Any ideas would be appreciated.

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Does this sound like i could lose this case big time or what? Look like benefit of doubts 50/50 or which medical opion

will they use. Get the decision and maybe if not approve than get another IMO. Good luck hope it goes well

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I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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Ok thanks Berta, could you let me know you post the information about the CUE of the VA, I just have to get my mind mentally prepared in the event this appeal case is denied. I know everything is on a time restraint once you get that decision, So with this if i'm denied, you would only request a reconsideration if I have new evidence right?

I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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