Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
rpowell01
-
Posts
724 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by rpowell01
-
-
I just told my doctor that I will see him on my TWO visits per year or if I have an issue I need help with.
I am not depending on them but I will say that the Private Orthopedic Surgeon I went to in 2011 was of NO HELP whatsoever. I showed him the results of an MRI I had and I told him I had the MRI RE-READ by TWO different radiologists. The RESULTS those 3 herniated discs causing foraminal stenosis. One at C2-C3 (that is why I have headaches/migraines), one at C4-C5 and one at C5-C6. I gave this guy the MRI CD and he read it and only made a determination I ONLY had a bulge disc at C5-C6. What such a crock!!!! I showed him the two different signature on two different MRI reports from the same MRI imaging place. You don't know how bad I wanted to get up and go to that computer he was at and show him the three herniated discs. I have done a lot of "homework" on the internet on how to detect disc bulges and disc herniations. They were in plain sight....
Now because of the stupidity of this surgeon I am in WORSE shape than I was in 2011. The new MRI of April 2013 reported I have a PROGRESSION of DJD in my WHOLE spine. He MILKED me is all he did by having his office do an epidural. How much do they cost? Its about the GREEN, not about curing people's medical issues.
john999 I appreciate the advice but private doctors are no better. This surgeon I was seeing left the doctor's firm while seeing him and I had to go see him at his new office. Maybe I shouldn't have said "left", he was told to leave because of negligence he was being accused of after a few surgeries.
-
Okay I don't know how how this got double posted....Sorry..
-
I have read here on hadit and other places that video and audio recorders are NOT allow during the C&P exams. I have also read the court ruling that states that its not a RIGHT for a veteran to be able to do this.
But, I have YET to find the actual policy on this. IMO there is NO policy and the the reason why the VA doesn't have a policy is because of the court ruling whenever they said its not a RIGHT. If there was a policy then the ruling wouldn't have been with if it was a RIGHT or not.
If there is a policy then please post the link here and that will let me know that I wrote the above in vain. If not then "I have a dream".....
I know I have talked about this before, with carlie, but I have yet to see a policy so I have searched and searched. BTW There is actually a FEDERAL LAW that is called the "One Person Consent Law" where it only takes one person's consent for the parties to be recorded. So if I am in a room with you I only have to give consent by ME to record our conversation. As long as one of the people recording is part of the conversation.
So, this is why the court also only said it wasn't a RIGHT. They didn't say you can't do it, they only said it wasn't a right....Big difference there....
Somebody please provide me a link to this policy/regulation. Thanks...
-
I don't understand what you mean by "Criteria" carlie? What I wrote is all they stated about the proposed reductions carlie. Please explain the criteria.
EDIT:
If you mean the "WHY" they are proposing a reduction then its reads:
•Range of motion within normal limits.
That is it...
Is this what your looking for?
EDIT II:
If you are talking about "Measurements"...There are NO measurements listed on my C&P Exam. This is the actual measurements the C&P Examiner is SUPPOSE to write down or somehow record. There are NONE on my C&P exam.
The Decision Letter for the Proposed Reduction doesn't even mention ANY measurements whatsoever except what the measurements are for 0% which is a standard workflow process they do. They do this on all the Decision Letters I have and state that a higher rating isn't warranted unless blah measurements and these measurements are this. But lettter doesn't mention any measurements the C&P examiner supposedly did.
There is NO measurements whatsoever on what the C&P examiner is saying.
Here is the thing, like I have stated since DAY 1 of the exam, my wife was in the room, she was my eyes and ears. She swore to me that the examiner placed the GENO METER up to my head and NOT one time did she adjust it. She set the arms to one place before I started the ROM and they didn't move whatsoever. Both back and Neck. It has been my complaint that the C&P Examiner didn't RECORD the measurements and I am going to bring this up at this hearing. What are they HIDING? They are trying to appear to hide Dr. Bash's IMO...And hide the fact that my neck, thoracic and lumbar have progress so fast in the past 3 years alone that they know I should be P&T. There is without a doubt I should be P&T. You don't all of a sudden start to have radiculopathy without something going on in the spine. And, on top of this you don't start having bladder and bowel incontinence at the same time the radiculopathy started. It has taken me a long time to admit the bowel issues and that is my prideful arrogance but I should pay for it. Luckily I the Tampa VA has finally started noticing how bad my issues are and are making appointments left and right so I can get the DOCUMENTATION the Regional Office is looking for on the bladder and bowel issues.
-
One last thing and I am done for awhile. Read this:
38 CFR Book C, Schedular of Ratings; 4.73 - Schedule of Ratings - Muscle Injuries
We know they are the same for the cervical and thoracolumbar spine.
Forward flexion of the thoracolumbar spine greater than 30 degrees but not
greater than 60 degrees; or, forward flexion of the cervical spine greater
than 15 degrees but not greater than 30 degrees; or, the combined range of
motion of the thoracolumbar spine not greater than 120 degrees; or, the
combined range of motion of the cervical spine not greater than 170 degrees;
or, muscle spasm or guarding severe enough to result in an abnormal gait
or abnormal spinal contour such as scoliosis, reversed lordosis, or
abnormal kyphosis.......................................................................................................................................... 20
The key words here are OR. It doesn't make a difference what your ROM is BECAUSE or "muscle spasm or guarding severe enough to result in an abnormal gait
or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis"
I have been diagnosed with reversed lordosis on just about all my MRIs. So it doesn't make a difference on what my ROM was in the first place on my cervical spine. The word OR means just that, OR.
Its funny how I downloaded the 4.73 and just happened to see this. Gosh this is going to be GOOD, GOOD, GOOD at the hearing...
That isn't a smiley for being happy. The reversed lordosis is dangerous and I pray it doesn't get worse because with it in the cervical spine I can drop dead just like that because of it...And believe me it has gotten bad and its getting worse with each MRI.
-
WOW Vic M....Great Story and brother you just gave me an idea about emailing MR. Shinseki about a certain C&P examiner and exam....Hmmmmm
-
Carlie and everybody else, don't worry about it, I have it covered. The DeLuca has to do with the pain because she said I had Full ROM and I don't have arthritis in my spine so she mentioned DeLuca. She is a doctor and not a lawyer and there is no need for her to practicing legal work.
Anyway I have overwhelming evidence from every MRI I have had since 2010 that proves that I have Spondylosis, DDD and DJD in my whole spine. Believe it or not they are ALL different. DJD is actually called Osteoarthritis. I have a book written by a medical doctor and talks about the differences of DDD, Spondylosis and DJD. They are different but the medical community kind of doesn't see them in being different. I am going to use things from this book as part of my evidence also. I know I can't diagnose myself but I am allowed to use anything already written by a doctor...
I have learned a great deal on Hadit since I first got on here back in November (I think that was the month) of 2010. You guys and gals have shown me what is needed and what is not needed.
Here is what the Decision Letter reads on the REASONS why they want to reduce me on my neck and back. I am going to write in bold letters showing you how I have evidence to disprove what they wrote. Actaully you might laugh at what they wrote because what they wrote is NOT the OVERALL HISTORY. Remember you must use the OVERALL HISTORY and Bay Pines RO isn't. This in itself is illegal.
The REASON on both the Cervical and Lumbar are the same so I will just list the ones for the cervical:
Evaluation of the Cervical Spine degenerative disc disease, which is currently 20 percent disabling, is proposed to be decreased to 0 percent.
1. Private treatment records from Dr. Callahan dated April 11, 2011 through July 19, 2011 show treatment for your cervical spine condition.
Okay so he treated me because the VA refused to, actually Bay Pines refused, to treat me for the radiculopathy I have in my arms. I had submitted an MRI report to my VA PCP in Sebring, FL that show WHY I was having pain in both my arms and tingling in my hands. Bay Pines refused to treat those symptoms and some Doctor by the name of Graham denied me to go see someone in Pain Management. So, my PCP referred me to Dr. Callahan. It was his OFFICE that did the first epidural I have ever had. The epidural did take away the CONSTANT tingling in my hands but not the pain in my arms and chest muscles and TINGLING I get whenever I raise my arms above my head...So, this is even NOTED in Dr. Callahan's records of me. He was puzzled why I was having right arm pain when the MRI showed LEFT foraminal stenosis. I am also puzzled by this myself but again MRIs are actually a THEORY and not 100% fact. Dr. Callahan also wrote a message to my VA PCP in Sebring that he thought I needed a dynamic/upright cervical MRI because he believes this would tell why I am having so many problem. He told me that the dynamic/upright MRI is a TRUE MRI because what is NOT taken into account on the incumbent MRI is the GRAVITATIONAL FORCE that pulls DOWN on the spine. So the dynamic/upright MRI is where you sit or stand while getting the MRI. He stated to me that he believes that me standing and sitting is causing a lot of my pain because whenever I lay down on my back the pain goes away after about 15 minutes. But, I have YET to receive this type of MRI and I have yet gotten my VA PCP and pain management to order this type of MRI. Its only $500 for my cervical spine and if I can come up with the money I am going to go to my private PCP to get a prescription order for it. But I first must come up with the money. I was going to have it because of backpay the VA is owes me for a dependent which was approved but I now have to use it to fly to Maryland to see Dr. Bash...
2. Private treatment records from, Florida Hospital Wauchula dated August 13, 2007 show the results of your MRI of your cervical spine.....
And I don't see the Regional Offices point in this one. This was the very first MRI I had since I got out of the Army in 1996. I was actually getting treated by my private PCP and a chiropractor from 1996 to 2008. I had a lot headaches from the time of the injury in the army and I had to see the chiropractor a lot because of them. In 2006 and 2007 I started having worse headaches and I couldn't figure out why. My neck was tighter than a 2x4 and something was just right in my neck. My private PCP ordered an MRI on my neck and the results of it showed Spondylosis on multiple levels on my neck and bulging discs on multiple levels. So why did the RO mention this ONLY ONE MRI is beyond me. I am think the C&P Examiner DIDN'T read my other FOUR to FIVE MRI results I have had since 2007 that shows the conditions were PROGRESSING. Yep you heard it hear first, the radiologist just in September 2012 stated that my Cervical, Thoracic and Lumbar spine were in fact PROGRESSING. The medical term for PROGESSING/PROGRESSION means "getting worse"...Any way, every MRI actually shows Spondylosis, DDD, DJD (Osteoarthritis), bulge disc or THREE herniated discs. Each MRI is different depending on the radiologist. If you ever had MRIs you know that every Radiologist is actually different. One might say yes he has a broken bone while the next MRI the radiologist states no he doesn't have a broken bone. But all these radiologist are actually concurring that I have arthritis one form or another. BTW those THREE herniated discs were into the foramina causing stenosis but since they were not into the spinal cord surgery was out of the question and still is. So, just by the MRIs alone shows that my contentions of my Cervical, Thoracic and Lumbar are getting worse, not better. BTW the C&P examiner stated that I don't have Arthritis whatsoever in my spine. This for one tells me she didn't even read ALL the MRI reports and these MRIs reports actually should discredit her whole C&P report because she stated 1. I don't have arthritis. 2. which is why she said I have FULL ROM....This will show that she didn't do HER homework in class nor on this C&P report. Next...
3. VA outpatient treatment records from, Bay Pines VA HCS show complaints of and treatment for cervical spine pain.....Okay so not once did they mention the treatment I am CURRENTLY receiving from the Tampa VA and NOT once did they mention the treatment I am currently receive from Tampa VAs Pain Management. Why did they state this is beyond me. I have no clue. I do know that the Pain Management in Tampa TRIES to tilt me neck to the left and right but I have pain that shoots down my arms. I also have A LOT of pain in my neck whenever they do this. Heck I can't even bend my neck backwards anymore and have a hard time at home in doing this. The bones fill stiff for some reason trying to bend my neck backwards. The Doctor who treats me is ONLY an anesthesiologist not a NEURO Doctor and he even had to get the Neurosurgeon to look at me whenever I showed them I can't bend my neck backwards. Any way I am getting off course here. So, I have treatment records from the Tampa VA and from Bay Pines SYSTEM. I use to see my PCP in Sebring and after that Dr. Graham REFUSED for me to have any type of treatment for my radiculopathy I filed a complaint with the Patient Advocates Office in Tampa. After they told me who Dr. Graham was and that he was a Neurosurgeon in ATLANTA because Bay Pines didn't have ONE Neurosurgeon on staff at Bay Pines and that was the reason why I was getting denied. Didn't make sense to me, you got Neurologist in Bay Pines because the one there was the first to diagnose my radiculopathy in my arms. So, I WON my case by filing a complaint with Patient Advocates Office and WE all agreed to the VA paying for Physical Therapy. I was wanting to try something and anything at that point. The pain was God awful in my arms and chest. The Physical Therapy went on for 4 weeks, 3 times a week in December 2011. In February 2012 my neck began to sound like "Rice Krispies" and sand or a bag of little rocks. Today it still sounds like that and it constant "pops". If you were next to me and heard it you would probably have a tear come out of your eye and you would cringe because its that bad. So, why would they even bring Bay Pines but NOT Tampa? BTW I had another EMG in 2011 that showed a diagnosis of Cervical Radiculopathy in my arms....
4. C&P Exam I had in May 2013. The C&P examiners stated I had NO limitations of motion or painful motion of my spine whatsoever. The examiner confirmed your diagnosis of mild DDD without ARTHRITIS. The examiner opined that your condition does not impact your ability to perform physical or sedentary types of employment. Then it goes on and talks about the ROM and the 38 CFR 4.40 and 4.45.
I could be wrong here but doesn't this appear as if I HAD TDIU already because the "The examiner opined that your condition does not impact your ability to perform physical or sedentary types of employment."? Me being able to work on not shouldn't have ANYTHING to do with a reduction of ratings if I am NOT currently receiving TDIU. There is NO legal ground to use this against anybody who does not receive TDIU. Yes I applied for IU and this should have ONLY been for IU and NOT my current cervical and lumbar ratings. Why? Because the DBQ forms for cervical and lumbar doesn't have ANYTHING on them about if a person can work or not. Its only on the TDIU DBQs that have this. They are basically saying they want to reduce my ratings because the C&P examiner stated I can work. Sorry Charlie but this is illegal and you cannot reduce a rating on somebody because the C&P examiner stated you can work if the Rating is NOT TDIU. Ratings are based on certain things and anything other that TDIU has nothing to do if a person can work on not. Even 100% scheduler has nothing to do if a person can work or not. If this is the case then all those raters/workers at the VA who are 100% needs to have their ratings reduced.
Here is the fun part. She mentioned DeLuca which is the DeLuca vs Brown which is the functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups as cited in DeLuca v. Brown. So, NOT once, I will state this again did she even ask or even mention to my about having any flare-ups or about pain or weakness. Funny thing is I have a limp 24/7 because of the pain in my back. Whenever the back "flares-up" my limp because huge. This is called GUARDING because people have to walk like this to guard their backs and its a way so you can walk without causing it to hurt even worse. In 2010 I had C&P examiner who stated that I have a "limping gait". I also walk like this because of the pain in my right leg, feet and toes. Now that I have pain in my left leg, feet and toes I can't even walk a straight line anymore. So, where ever I go I limp and as my back hurts worse so does my limp. There are days I get out of bed and my back (actually) my whole spine is in terrible pain and if I measure the pain they are a 12 on a scale from 1-10. Yes 12 because that is how bad the pain is. So, whenever I had my C&P exam this day it was just one of those mornings where my back was really bad. I limped into the exam room and I limped out and to my car. Now, I do know they have video recorders in the lobbies and outside that VA center because its brand spanking new. Maybe I should see if I can get them to get me a copy of that video of that day but I guess I would need a judge to sign off on it? Any way, this lady is basically saying with the DeLuca that I don't have pain or flare-ups of any type. So, i am going to present my 3 previous C&P exam plus whatever Dr. Bash does to disprove this C&P examiner was "inaccurate" in her data reporting. I am also going to present my wife as a witness because she was in the room and she knew was being done and what I was able to do and what I was NOT able to do.
So, there you have it, these are the reasons why they are "proposing to reduce".....I have done my homework and I have pulled out the ole' binder and I writing my rebuttal to the C&P Exam. The biggest thing I am intrigued about is how the C&P examiner stated that I DON"T have ARTHRITIS and the Regional Office believed that statement. Sorry, but ONE C&P Examiner isn't the GOD of Doctors and Radiologist who have stated otherwise on reports...I find it very funny that there are people at Bay Pines Regional Office who actually believed her in saying I don't have arthritis...Sorry for restating that, I am tickled by it....
Again, I have learned a lot from all you guys and gals. I have done my homework since last Friday and I am still doing my homework. I have learned to use that energy of anger and redirect it in doing my homework. I keep ALL my records, VA and private. I have a binder of everything with backup copies on two hard drives. I was told in the Army before I got out to make copies of all my medical records because things do "disappear" and I did just that. I haven't stopped since then. Heck I use to make copies of my file at work and realized one day that there wasn't nothing in it for me to make copies. LOL
Anybody can chime in and I am up for other suggestions....
-
Vync
Its based on ONE C&P exam and other evidence. The RO picks and chooses certain evidences and try to use it against you. But, the table will be turning back on them in my case. For instance, they used ONE MRI I had in the private sector in 2007 against me. But that MRI actually shows part of the progression that I am going through now. How? Because whenever I left in the Army in 1996 I had one last MRI, it really didn't show much in my neck and lumbar. The first MRI I ever had after leaving the Army was that one in 2007. I have dealt with the muscle spasms and neck adjustments all those years until headaches became a huge issue. So I see my doctor who ordered the MRI. That MRI showed mild Spondylosis throughout multiple levels of my Cervical Spine.
See that alone shows that my neck was getting worse. Then in January 2010 my neck just decided to do its own thing. After that I had MRI from the VA that they said showed bulging disc and arthritis throughout me neck. I had another private MRI in 2011 because something wasn't right with all the tingling in my hands and pain in my arms and chest muscles. I heard how the VA lowballs MRI reports a lot of times. So, that MRI actually showed 3 herniated discs causing FORAMINAL STENOSIS....
I have had TWO other MRIs since then from the VA and they do show foraminal stenosis in my neck. In my lumbar they are now reporting foraminal narrowing causing stenonsis at L5-S1....
Funny how the table it going to be turned on the Regional Office because all those MRIs doesn't show one single evidence that my neck nor my lumbar is getting better, actually they are showing to get worse. In 2010 I didn't have much problems with my lumbar, just the normal spasms but in 2012 I had to visit the ER in Tampa because I couldn't walk. My legs were in miserable pain and felt like jelly. From that time to now I currently have pain in my toes and feet...
This is just one example how I am going to turn the table on them. I am actually going through each paragraph and will pull evidence on them.
They don't realize I have a huge binder and in that binder I keep ALL my medical records, private and the VAs.
So, to answer your question, yes they can use ONE C&P Exam but only if they have other evidence. But the evidence they are using actually DON'T show improvement. Its something they are using just to use so they can use it with the ONE C&P Exam. But I have had 3 C&P Exams on my neck and back since 2010 and NONE of them show FULL ROM, which is what they are basing ONE C&P Exam on. This is a NO NO and I MUST be afforded another C&P Exam.
I hope you understand....The tables will be turned back on them in the hearing...
If you want my opinion, I truly believe they just want Dr. Bash to examine me and write a DBQ. That is my opinion....This is what I am getting out of all the reading. They are not really going against Dr. Bash, they just want him to exam me and do the DBQs...This is what I get out of read the Decision Letters. You have to see what they wrote on the decision letter. Its like they are "hinting" to Dr. Bash on the things the C&P examiner stated. I can't explain it but this is what I am getting from it. Funny but true.
Now, will say this, the C&P examiner quoted "DeLuca" which is a LAW Case in the C&P exam report. I am filing a complaint after this is over and done with her Supervisor and whoever else I can file a complaint with. She is no lawyer and she really doesn't have any right quoting a case to anybody and for her to advocate an attorney kind proves what she was doing and wasn't doing her job. She can get into trouble for doing that. You are not allowed to give ANY legal advice to anybody, that is strictly against Federal and State Laws if you are NOT an attorney. Since she wrote that on paper for the Regional Office to see, she then practiced law. Trust me, I seen people go to prison for this where I use to work at.
These C&P Exams isn't to HELP gather evidence FOR the veteran but actually they are used to gather evidence for the Regional Office against the Veterans....
Carlie,
Sorry for the document I just deleted it...Its on the internet is why I posted it...
-
Well the person "up top" is doing this and if people don't realize this then there blind eyes. I bet you more than anything that its happening more, than ever, to more vets daily in 2013...
-
Carlie, Yes Dr. Bash told me what to write. He also instructed me to tell them that I have more evidence and that my doctor needs 60 days from the date of the letter to be able to submit it. That my doctor needs to review the C&P exam report. This report is pretty darn long, about 100 pages. But he only needs work on the Neck and Back for right now. He can do that in 2 hours which is longer than the C&P examiner took on doing my exam on me. What a joke it was, HAHAHA...
They better not go by the date on the decision letter because its dated June 5 and I received the letter on June 19. That is TWO weeks and there is noway it takes two weeks to send out the decision letter and get to me, it never has. It's right at 3 days and all my stuff I send to them is only 3 days.
Sorry for the misspelled words I just took all my meds not long ago...
EDIT:
I just looked at that Postal Stamp Date, its dated 06/18/2013. So it only takes ONE DAY for it to get to me. I am going to keep this just in case....
-
What I did was only take 3 Gabapentins and didn't take the one at night for the past two nights and the dreams/nightmares have pretty much gone away.
What I did earlier was take 2 Gabapentin about one hour apart and I will be honest it brought the pain down from an 8 to a good 4. I am surprised whenever i did this. Of course this is with a mixture of 2 tramadols, one baclofen, and etodolac.
My biggest issue I have is whenever I first wake up in the morning. I will be honest this is the worst part of my day. Today as like all other days I woke up and could not get out of bed until 12:00 pm because the pain level was a 10 in my feet and toes.
So, does anybody know if I 2 800mg of Gabapentin in the morning if this is still in the safe level. That would be 1600mg. I do take them 4 times a day so I can just skip the night time pill and just take it in the morning. My PCP stated they wanted to give me 5000mg a day of Gabapentin but Tampa Pharmacy doesn't go this high or something like that..He said what I take now is the average of what people normally take.
But me and him has had a run in on the "secure messaging" because I basically told him off on me receiving treatment. He mentioned that I have been with Alpha Team for almost a year then I came back and told him Yea he is correct but he was lacking in saying I only have seen him TWICE in the one year and that it has taken 5 months to get the epidural that failed and in the meantime somebody could have ordered an EMG on my legs and toes.
I let him pretty much have it and told him that I feel the system is failing me.
See I am not out to get the money for the ratings. I do that because it has been 3 years since I have asked the VA for help and I have been denied, mainly at Bay Pines, to see a specialists. Then I transfer to Tampa thinking "hey they have a spine center there" thinking it was going to be great. I go see my PCP the first time, told him about my issues in my feet and toes and he orders an MRI. Then after the MRI results he sends me to Pain Management. At pain management I am seen by some anesthesiologist INSTEAD of a Neurologist or Neurosurgeon. Yep you heard it here first that I am being seen by some anesthesiologist who is going to college to advance his education in some other specialty. If you want somebody who is pretty darn hot right now about all of this I can tell you I am that guy. Keep in mind I seen him in November. He ordered an epidural in my neck. I didn't get an appointment until April 16th. But in the meantime they could have ordered an EMG on my feet and toes and maybe some other tests.
Right now I am 44, in a few months I will be 45. By the time I get any results I will be 60. I told my PCP this. He hasn't responded so I think I might have pissed him off. Oh well, they brought this on themselves. I am the victim here not them. I am not saying they are wrong and I am not saying I am right but there is logic to this and their logic stinks like crap....
So I told him last night this would be my last message to him and I guess I will notify him on the TWO visits per year I get with him....
Thanks meghp0405
-
Well I am meeting Dr. Bash at the airport, he is going to do his thing then I will be waiting for a flight back home.
-
Letter was dropped off yesterday.
This is all great advice even through the PMs...Thank you everybody...Well at least I am getting experienced with all this FUBAR stuff....
-
broncovet THANK YOU For that last link. That gave me a peace of mind. My ratings for the two they want to reduce were increased in 2010. But in the decision letter they sent me it really doesn't show anything getting better except for the ONE C&P Examiner. So all Dr. Bash has to do whenever I fly up there is to examine me and do a DBQ.
But in that last link Kartrina wrote: Note: “Sustained improvement” must be based on all evidence of record; i.e., a change in rating cannot be based on single examination “in isolation of rest of the record”
Which is exactly that I am going to fight either way. You don't increase in diagnostic code then overnight and puffff you are better when you are getting treated for the conditions.
-
I think I wrote it wasn't 5.10. But this was taken off of a lexisnexis CD which are used by attorneys from COURT rulings. And yes the VBM is good and accurate and no its not 38 CFR...
If you could only see what they wrote on the decision letter about the proposal you will understand my fight is going to be against the OVERALL HISTORY. They showed I was getting treated or was treated here and there an at Bay Pines. They didn't mention I was getting treated at the Tampa VA center and at the Tampa VA Pain Management. Number 2 is going to be how does a progression of Cervical Strain to Cervical DDD get better in ONE rating when in fact Cervical DDD is in fact a higher level DC.
The ONLY thing they are really basing the proposed reduction on is the ROM the ONE C&P examiner did. That is NOT using OVERALL HISTORY....
I am fine with it as long as Dr. Bash does DBQ then I should be okay. If not, then I will NOD the rating decision.
The C&P Examiner stated I had DDD but I don't have ARTHRITIS. But I find it funny that I have a secured message from my PCP and he stated I had Arthritis...BTW If you ever hear my neck sound like "Rice Krispies" you know I have Arthritis....This is what is written in the Decision Letter.
I could be wrong and I guess all these medical doctors are also since this one C&P examiner believe DDD and Arthritis isn't the same but doesn't the medical community consider DDD/Spondylosis/Osteoarthritis the same thing?
One more thing I guess me taking magnesium as a prescription doesn't mean I have Osteoarthritis? Cmon the signs are all there...
-
I have read a ton of stuff here on hadit. What is most important about this topic is I have read about how people are locked in at the 10 year mark and 20 year mark. Well attached with this topic is the true answer, thanks to JBasser for pointing me in the right direction.
There is a 5 year PROTECTION and I have YET to read a 10 year PROTECTION in this regulation. This attachment is the REAL DEAL and it needs to be added to hadit some how some way for others to be able to find it. I have highlighted many important aspects of the 5 year protection rule and the process of the Reduction of Ratings....
I will let everybody know that that ONE C&P Exam CANNOT be a basis for a REDUCTION. By this regulation the VA must look at the OVERALL HISTORY. So, in my case the VA wants to reduce my ratings of Cervical Spine and Lowback. On the decision letter they are basing this ONLY on the C&P Exam. Sorry but this is ILLEGAL and they CANNOT proceed in doing this. They are changing my true diagnostic of Cervical Strain to Cervical DDD and Lumbar Strain to Lumbar DDD. Most people don't know the DC they put on these letters are not the real DC, a lot of times. Example: The my original DC on the Decision Letter in 1996 showed "Cervical Spine Pain" but the VA computers actually show "Cervical Strain", see the difference. So, just by this alone it shows that my issues are actually getting WORSE not better. History actually shows that just 4 years ago I didn't have these problems like I to currently have and I am not just talking about the radiculopathy. I am talking about waking up every morning and it taking me 3 hours to get out of bed because my neck and back are in a lot of pain, it didn't show me taking 3200mg of Gabapentin and 300 of Tramadol per day, it doesn't show that I was getting treated for radiculopathy in my arms and legs, ALL like it is today. Again OVERALL HISTORY.....
So, the VA MUST look at the OVERALL HISTORY of the medical issues at hand and NOT just on one C&P Exam. BTW all my previous C&P exams I have had from 2010 to now, actually 3 of them for my neck and back, didn't show anything getting BETTER....
Now let me tell you this true story that happened today. I was on the phone with JBasser and he swore up and down that there is a 5 year rule. So, after I left of delivering my NOD and Request for Hearing letters I decided to drop in over at the State of Florida Veterans Service Office. I talked with an officer there and I asked him about the 10 year rule ( I said 10 because that is what I have heard) about being locked on on ratings. His reply was "You are locked in at 20 years for ratings and 10 years for service connection." I come home and actually found the regulation online. So, this will tell you that some of these VSOs don't know much of nothing and are worse than the VA raters themselve....Oh, but he did say if I can get Dr. Bash to do a DBQ on my neck and back that should be sufficient. Well I am going to hopefully get them done by Dr. Bash whenever I fly up there and I am going to use it at the hearing. But most importantly I will have my copy of 38 CFR 5.10 "Proceedings To Reduce A Rating"
This policy might be on here but I can't find it....
Document deleted at request of admin...
-
Thanks Vync. I also have had a really bad headache for the past 3 days and read that Gabapentin is more likely causing this also. It won't go away and man it stinks. My doctor told me last week that I don't have to take one before bed, so I am going to try that to see if that helps.
This crap is awful. Hopefully he can change it to Lyrica or something that doesn't do this to me...
-
Which one of them will give nightmares/dreams at night? The only things that has changes is they upped my Gabapentin to 3200mg a day and I take more of the Busiprone.
Tuesday night-Wednesday morning I must have had about 20 dreams and I woke up each time. I swear I never had that many dreams in one night, ever. And I slepted for 14 hours and couldn't get up after 8 hours. It was awful...
-
This is due to the epidemic of addiction to pain medication and VA announced this month their plans to reduce opiate prescriptions/addiction. There are so many abusers, that they treat us all the same. I agree it is invasive and should not be done without discussion with the patient and certainly not without cause for suspicion.
I understand this but if the VA doesn't provide a veteran any opiates then this is intrusive. I had this test done the first time I went to Neuropain and I haven't had it done since. If they were going to have me do it I would have declined the seconded time around because I don't take opiates...
-
I will let everybody know I was beyond madness yesterday after I opened the Decision Letter, not at the Decision itself but how they manipulated Dr. Bash's report. But I am fine today, mainly after Dr. Bash contacted me late last night and wanting me to fly up there.
I shouldn't have made any threats about that C&P examiner like I did yesterday. She will pay for her lies that she is doing to all these veterans soon enough and I hope my complaint with a Senator will prevail.
For future references, if a medical doctor does a DBQ for you, will the VARO still schedule a C&P exam? I want to avoid any and all C&P examiners at this point....
-
tonio congrats brother. You have earned it. Don't spend it at one time, I found out that paying bills with the retro is the way to go. If your married or have a woman, take her our, wine and dine her. Give her the best night she has ever had.
Check your PM brother....
-
Yea Pete53 I am flying up to Maryland around the 3rd of July to have it fixed hopefully. Dr. Bash did tell me to write that Letter for Personal Hearing for Proposed Reduction in Benefits right after I read about it on hadit thanks to Sharon and Carlie....So he wanted me to add in that letter that I will be submitting new additional evidence from my doctor and that my doctor needs 60 days from the stamp date of the letter to review the C&P examiner report and decision letter.
So hopefully he will fix all of this.
tonio what Regional Office was your stuff done at? I have this funny feeling Bay Pines VARO doesn't like him for some reason. If they made their decisions because they don't like him and not on the evidence at hand, I would love for the CAVC to look at this case.
-
Something just came to mind. I know why the Bay Pines Regional Office has done this. On Dr. Bash's IMO he basically wrote what I could be connected for and what percentage I should be at. This is why they did what they did because Dr. Bash knows more than can ever know and it probably felt like a slap in their face because some non-va doctor is telling them how to do their jobs correctly.
I bet you a paycheck this is what has happened....
-
Berta,
Yep, I am going over to Bay Pines tomorrow to hand deliver the Letter of Request for Personal Hearing and to file my NOD. I like stamped copies better than a registered return receipt. And I am going to request a copy of my NOD that I filed in May of 2012 to see if they have it. If they say they don't have it but I have a registered return receipt attached to my copy what do I do then? I have seen how paperwork "magically disappear" by reading these forums so I would like to know a head of time.
And while I am over there I am going to get another copy of the C&P exam because the one I have was given to me one week after the exam. Usually there might be Requestioning on there from the RO to the C&P examiner.
He wants that copy and a copy of my Decision Letter.
BTW I thought Dr. Bash was a Medical Doctor? Well I guess not in the eyes of the VA because they said I was never diagnosed with any Bladder and Bowel Inconsistency and it was Dr. Bash who diagnosed it. I told him about it before I was able to tell my PCP, who still didn't note it. I told my pain management doctor, who didn't note it down. I told him in November 2012 and again in May 2013, both times I my wife was in the room with me. She couldn't believe her ears after I confronted him in May 2013 about it. I asked him why hasn't he did anything about the Bowel issues I have and he said "You never told me"...I told him I did back in November 2012 and then my wife told him that same thing. Then he comes back and says "We only work on one thing at a time"!!!!! So, since they started on my neck they only want to work on my neck. I told him I have MORE urgency with my lumbar spine....
Maybe its time to contact patient advocates office, again. Is that what these doctors want. I had to get on my PCP for NOT ordering any EMGs on my legs while I sat and waited 5 months to have an ESI on my neck. After I told him yesterday that if I can't get any results then I guess I need to contact my Senator he then jumps the gun and orders the EMG. The appointment for that is "I am on the waiting list"....
Can you see why I am a little irate at the moment at everybody and everything? I can't even get quality treatment in a timely matter. Its been 3 years and a 4 week PT on my neck only and a failed ESI are the only two things that has been done, as far as conservative treatment goes. I had to go through Patient Advocates Office just to get the Physical Therapy.
I thought that Bay Pines was bad, Tampa is just as worse, even with the Spine Center there.
Proceedings To Reduce Ratings, Must Read...38 Cfr 5.10
in Entitlement - Veterans Compensation Benefits Claims
Posted · Edited by rpowell01
If you are rated under IVDS then its based on ROM but they are other things within that which can waive the ROM as I wrote:
Forward flexion of the thoracolumbar spine greater than 30 degrees but not
greater than 60 degrees; or, forward flexion of the cervical spine greater
than 15 degrees but not greater than 30 degrees; or, the combined range of
motion of the thoracolumbar spine not greater than 120 degrees; or, the
combined range of motion of the cervical spine not greater than 170 degrees;
or, muscle spasm or guarding severe enough to result in an abnormal gait
or abnormal spinal contour such as scoliosis, reversed lordosis, or
abnormal kyphosis.......................................................................................................................................... 20
Myself I WAS changed from Cervical and Lumbar Strains to DDD...Its all still rated under IVDS. You can't connect Radiculopathy to a strain but you can connect radiculopathy to DDD. See the difference and why they have change the DC? Its still under IVDS...
If person who has crepitus in the cervical spine, isn't that also the same as abnormal kyphosis? This is how I am reading it from the couple of medical books I have and what I found on the internet. I do know I have reversed lordosis. This was first known back on the MRI in 2007 and its getting worse....Heck the C6 Vertebra is actually tilted to the opposite side to where it should be...