MKAH Posted September 29, 2017 Share Posted September 29, 2017 Just wondering, does the RO's claims specialist opinion / interpretation of evidence, appear in C-File? Thank You Link to comment Share on other sites More sharing options...
0 Berta Posted September 30, 2017 Share Posted September 30, 2017 You stated (due to heart attack and many other issues) - did he have a C & P exam for any 'other issues' ? Could the 10% be for another claimed issue (disability) and is not the rating yet for IHD? Did he ever claim IHD in the past and get denied? Reason I ask is that some Nehmer veterans got a very favorable EED ( Earliest effective date) for their IHD but the IHD regulations changed since their first possible rating as IHD with a low rating based on the VA Schedule of Ratings at time of their denial. "He was seen by VA doctor for his service-connected disability he was claiming, in Chicago, but he was NOT A CARDIOLOGIST." Was that a C & P exam for IHD? That would be a great point of contention if the rating is wrong because the examiner was not a cardio doc. Does he have private medical records and if so, does VA know about them? Does he have a firm IHD diagnosis? The IHD ratings are here under: (Under Hawkfire's reply) Link to comment Share on other sites More sharing options...
0 ValpoVet Posted September 30, 2017 Share Posted September 30, 2017 Hello again Berta, You previously helped me with other questions I had and you have been a big help! Yes, husband's cardiologist diagnosed him with IHD and filled out the form the VSO instructed us with 21-0960A-1 and it clearly states dyspnea, fatigue, angina, dizziness "MET 1-3" walking 2 mph. ejection fraction 55% as hubby does non-exercise nuclear stress tests now, (70 years old) and because of his health. Hubby only has ONE claim filed, (advised by VSO), so that can be the only thing they rated him on. As far as his C&P exam, it could have ONLY been for the claim filed for CAD/IHD, to which his private medical doctor has been treating him for FOR YEARS. Yes, the VA has his private medical records. (MAYBE TOO MANY). Thank you for the link, and that confirmed the "MET's" are as much a factor is. I have already sent a FOIA request for that C&P exam and received a notice that my (HIS) FOIA request will take some time to get it. With the questions, this VA doctor asked hubby I can only "ASSUME" he was NO CARDIOLOGIST!! Again, VSO told us to file ONE claim at a time, and that is ALL the VSO had us file on was his IHD because of his MET's were/are 1-3 METs. Any suggestions? Link to comment Share on other sites More sharing options...
0 allansc2005 Posted October 2, 2017 Share Posted October 2, 2017 Berta, speaking of CUE's, the one you helped me prepare earlier this year wasn't even addressed when I was awarded IU. It was included in the VA's evidence list that I received, but there was no direct mention that the VA used it. Was/is the VA obligated to give a "yes or no" concerning a CUE once it makes it's decision(s) on SC's and CUE's? Allan 2-2-0 HUAH! Link to comment Share on other sites More sharing options...
0 allansc2005 Posted October 2, 2017 Share Posted October 2, 2017 Berta, in my approval letter, the VA wrote, "We made a decision regarding your entitlement to VA benefits...this letter tells you about what we decided...and it gives you a copy of evidence used and reasons for our decision..." The CUE was included in the evidence used. Allan 2-2-0 HUAH! Link to comment Share on other sites More sharing options...
0 Berta Posted October 2, 2017 Share Posted October 2, 2017 Can you scan and attach it here Allan? (Cover C file # prior to scanning it) Link to comment Share on other sites More sharing options...
0 allansc2005 Posted October 2, 2017 Share Posted October 2, 2017 Sure Berta, will attach it later on today as I'm on a flight right now. Allan 2-2-0 HUAH! Link to comment Share on other sites More sharing options...
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MKAH
Just wondering, does the RO's claims specialist opinion / interpretation of evidence, appear in C-File?
Thank You
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Berta
The VARO might be missing the word "or" in the rating schedule. I think it is disgraceful that these farmed out exams become the 'property' of the VA until a decision is made., unlike C & Ps
pwrslm
Hi Valpo Vet, What is needed to make plans is in the decision letter. It gives the reason and basis for the decision. Until you have that, it is hard to guess why they did it. If it is CUE, you h
john999
VA's reasoning on rating percentages can be weird. With AO disabilities a disability that is conceded can often lead to secondary claims that can be higher percentage than the original claim. Has y
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