Another Battle Is Looming

[63Charlie]

VA sent me for a new exam for allergic rhinitis.

Said I was seeking an increase for this which is ridiculous since the condition was maxed at 30% and static.

 

I figured the VA just wanted to fun me by sending me to this exam for a STATIC condition.

So here comes along a QTC  C&P examiner, PA-C, and states on her DBQ that I no longer have nasal polyps, and no nasal obstructions.

 

Claims file record shows a VA CBOC  C&P examiner diagnosed me with nasal polyps and 50% blockage from permanently swollen turbinates, and service connected me for this disability last year(30%).

Claims file record shows my primary care doctor diagnosed  me with nasal polyps.

Claims file record sows an ENT specialist recommended surgery to remove blockages.

 

So...having provided the above information... should I expect a reduction of disability benefits based on a bogus opinion that contradicts prior medical evidence.

How do you  fight a reduction of benefits?

 

The VA duty to assist with providing C&P exams would be good if I could get a fair examination..

Every  exam seem to be fraught with mistakes which always is detrimental to my claim.

 

 

 

 

 

 

 

Edited January 25, 2018 by 63Charlie

[jlrith]

Get your ENT to examine you and provide a medical opinion stating the current status of your disability.  Might even ask them to do so along the lines of the C&P exam: those exam protocols are available on the VA website.

How long have you had the rating?  If it has been longer than 5 years then the VA must have evidence that the disability has had sustained improvement.  One C&P exam does not prove sustained improvement, triply so since you have recent evidence that it has not improved.  

[Buck52]

 63charlie  R.O. SEEMS TO BE PICKING ON YOU  HUH!

 Just Wait and see if you get a letter to reduce you first.??

NOD to the reduction letter opt for a DRO Hearing  you will have 60 days to submit what you want to do.

Then if you do get an IMO/IME from a specialist to give his opinion about what your condition is how bad it is and let him/her read your medical records including the DBQ report from the last C&P Examiner  to compare with and ask the specialist to go into more detail   give his Credentials & Expertise.

submit as new & material evidence.

Edited February 10, 2018 by Buck52

[john999]

When you get a decision questioned as in proposal to reduce etc.  it is really essential to have an IMO doctor who will go to bat for you.  I would never trust a VA C&P doctor's opinion alone if the VA does propose to reduce you.  If the VA just wants to see if your disability is still 30% disabling I would wait until I got the exam and decision and then get the IMO and file my appeal.  I agree with Buck.

[vetquest]

IMO's can be hard to get and will be expensive but they are worth every penny if the VA is attempting to reduce you.  Several years ago I had an SOC that mentioned scheduling future medical exams for a reduction in rating after asking for an increase in rating.  The C&P examiner was the same doctor that said I was in need of a reduction.  The examination was derogatory to say the least.  I got an IMO from a neurologist outside the VA and several buddy statements from workmates that attested to how much my condition was affecting employment.  The BVA referenced the IMO and the buddy statements and called for another exam with specific instructions for the examiner.  That C&P was much more favorable.