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Tired of fighting red tape

Seaman
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Posts posted by Tired of fighting red tape

  1. Thanks I understand like an SOC laying out the facts down the line. My Nuerosurgeon said he would write it to include my SMR and his diagnosis of my back and the stages or degrees that my back went down health wise. I will run by and pick the letter up Tuesday I think that was all the VA was waiting on to get on with my Claim for P&T Shoot they will probally deny me but oh well. Thanks I will check out the IMO forum. I will e mail his nurse so she can submit it to him. Again have a good day and thanks

    He needs to follow the Criteria in our IMO forum here.

    I wrote this criteria based on 2 IMOs I received from a former VA doctor.

    He knew exactly what bases to cover and how to prepare 2 superb IMOs.

    I prepared a cover letter for each IMO with references to specific records and documents he needed and I tabbed them . he certainly went through every bit of the record but the cover letter explained where my proof was.

    He also used past C & P exam results and my past SOCs and SSOCs.

    IMO doctors need all available medical records etc in order to cover every possible base on IMOs.

    They also need to fully understand what you are claiming with the VA and what their opinion must focus on.

  2. I went and send my Nuerosurgeon today and he did his Xrays on my 3 Level Lumbar fusion and the bones are growing fine but the arthritis is still a problem and I have Stenosis which I am SC for Bilaterally. I asked him if he could give me his opinion on my SC Back and in his opinion was I P&T. I explained the VA is really hard on the way a letter is written up. He put in my notes that since my Injury to my back while on active duty and the resulting 3 operations I am disabled P&T.

    I asked him if I could get a letter from him and he said yes but what facts should the letter contain? I am SC for a total of 90% with just 40% for my back they lowballed me of course and my total is 90% but you never know with the VA. My surgeon has all of my SMR and has written two letters about my back but I have no idea as to how it has to written. I told him I would look around and see what I needed. I have a C/P exam coming up in June so I have some time but really needed some of you who have had to send in these letters. Thanks and I appriciate any examples or links.

  3. "was told I needed a statement from my Doctor stating I was P&T for my SC back which is not a stretch"

    Thanks for replying I have already submited 2 letters based on his exams and my SMR that I am unable to seek or maintain employment but the VA needs another letter stating if it is P%T I am waiting on the letter to get to me so that I can carry it up to hom so he can see what they want again. I am lucky I have been seeing this surgeon for over 7 years and I hope this is enough once I get his opinion that my back will only get worse with the Arthritis which he told me and my wife that has set in. I also had a letter sent to tthe VA where Surgeon wrote that the arthritis was SC to my back injury and advanced 20 years my current age and that it is common with traumatic injuries to the back. He also list in each record his credentails and my history of surgeries progressing over time, I am still fighting the VA like most of us but I want to get this over with but haste Makes waste as one poster stated.

    Any ideas of what else I need for him to give his reasoning on My current C/P exams are for my Knees and left hip I had injured them in service and from what you wrote I guess the VA would need to see the C/P exams again to properly rate the Knees. I am going to get another IMO from my other Otherpadic Surgeon who told me My back which was not SC at the time would have caused increased or an altered gait putting stress on my Knees causing aditional strain I will ask him to list my SMR as My nuerosurgeon did and get that in writing also to nail it down.

    I did want to add a Thank you for your husbands service and I am sorry for your loss. I would be proud if I had a wife that would fight for me as you have and helped others as well. I am trying to get my claims through so that I can move away for health reasons before the winter comes. I suffer so bad when the cold returns I am not able to function very well in this weather but I welcome the heat as it warms my bones.

    Can this doctor prepare an IMO that would cover (in his/her expertise) what all of the C & Ps are for?

    "If any of you all have faced a C&P exam at the end of lenghty Claim advise me if it is normal."

    The VA did countless "C & P"s on my dead husband over the past 17 years.

    They were all medically inaccurate.

    For my last claim I got 3 IMos.

    BVA remanded for another VA opinion from a cardio.

    I already told all that here before.

    Point is - a strong IMO and probative medical evidence can overcome anything negative a C & P doc can prepare if the evidence warrants the claim.

    I won all my claims (one pending) by either strong rebuttal of VA med opinion with established clinical medical record

    or ,in my most recent resolved claim, with strong IM0s based on the clinical record and medical fact.

  4. Ahmen I had everything the % the Doctors records multiple surgeries on SC back and still am fighting during this time period. I found out today for my Request for A/A becuase of my SC Back issues are at the root of my daily problems in my life I keep on fighting the big green Machine I am kind of numb dealing with the VA and the way they screw us veterans but being only 46 I am not that old but all things come full circle and I am sure the old saying goes what comes around goes around Karma is a wicked thing. I agree the rate has got to be higher. Deny Deny deny is their motto. I tell all new veterans to never give up Try really hard to word your claims as the VA will not give you anything unless it is listed. Thanks have a good day..

    I don't agree I think the VA has a much larger error rate more like 80%

  5. Well I am at the end of the road I hope I have been fighting the good fight for a claim for my knees and left hip won it on getting it remanded back down from BVA to VARO. I am going to worry anyway but should I? I know that ROM is always the key to any C/P for Joints. I cannot walk well anymore due to my SC back and these old knees I filed a claim back in 2002 for SC for my Knees with SMR evidence of knee and hip injury during active duty but the VA fought me tooth and Nail to the end. Now is it normal that all my evidence is in they take another shot at me with a C/P exam at the last moment? My knees are arthritic and they swell in the winter more than summer but I use the capisum rub that really helps me during the winter. I hope to have this claim done so is a C/P the end of the road for a claim this old?

    I called the 1-800 number and was told I needed a statement from my Doctor stating I was P&T for my SC back which is not a stretch as my Back after 3 surgerys is done according to my Civillian Nuero Surgeon but I guess I worry a lot like others. If any of you all have faced a C&P exam at the end of lenghty Claim advise me if it is normal. It is not like I cannot make anything up My knees are what they are I think they are worse they even hurt in the summer now walking for me with the braces is a chore. I walk for any distance with the crutches and they will lock up and swell. My knees pop and slide but I am too young for a total knee replacement at 46 my Civillian Surgeon tells me. I had one VA Orthapdic surgeon and 1 Civillian Surgeon both write in their reports based on my SMR that my knnes are as likely as not a result of traumatic Injuries while on active duty. Sorry it is so long but layed evrything out. I thought the claim was done but at the last minute they advised I had 3 C/P exams coming up. I appriciate any thoughts. Have a good day

  6. Hey I have a claim with the BVA that was remanded from BVA to VARO. I checked my e-benfits web page and it said that under my Appeals a descion was made 04-30-11. Any Idea when I will hear anything coming from the BVA or my VARO? I know it takes time but has anyone got a timeline of how long once descion was made. This claim is 9 years old back and forth like a ping pong ball. Apriciate any ideas I know or was told that they wait until they have a full box to ship back and forth but who knows if that was true thanks have a good day

  7. Their reason for denial was that my Back was not an issue of my forced retirement by my last emplyer in 2001. I also questioned in my rebutal or form 9 that I was indeed medicaly retired in 2001 at the time not service connected at the time for SC Migraines but I finnally got SC for them four years after that but had no idea that I could have asked to be SC for IU at that time. I had thought % wise with my SC issues and the fact that I had another SC condition that also did not allow me to work it was a valid claim. My employer had sent the form twice to the VA but they used it in their SOC as a denial. My question is what I can do about it before my appeal hearing before a DRO if I get one that is? Thank you for looking at this for me.

    "but for some reason the VA keeps denying my IU claims" Their specific reason for denial must be in the decision.

    If we knew exactly why they denied IU we might be able to help more.

  8. Thanks I had appealed the claim after the VA turned down my claim after the Doctor who wrote the letter stating I was unemployable due to my SC back. I went for a DRO hearing to bring up the facts I had already submited but for some reason the VA keeps denying my IU claims. Even though I was not in the VA system when I was retired but after 4 years I was medicialy SC for Migraines one of the reasons I was retired but it has been over 10 years since I was retired from my Civillian Job and more than 1 year since I was SC for migraines Secondary to my SC Hypertension.

    On the I-9 form I had to apply within a certain period so I went ahead and submited the form stating that I am Medicaly disabled from my SC back rated at 40% and migraines @60% Heart Disease rated @60% Hypertension 10% Bilateral Nerve damage both legs from SC Back 10% each totaling 90% I can read and know that I can be rated P&T with my Doctors A/A forms and the fact I have arthritis so bad up my entire spine but the VA has everything but a stool sample and still they deny me. I have really bad anger and depression dealing with the VA will cause a person to really understand how people snap. I take one day at a time and this forum has helped but the VA SOC said that I was not disabled as a result of my SC back but they ignore the fact I was retired in part because of SC migraines and I submited that if I were not bald I would pull my hair out.

    Thanks for replying you and many others help a lot of Veterans I called the 1-800 VA line to inquire about my request for a DRO hearing at my VARO as the IRIS system keeps rejecting my emails. They gave me a refference number and maybe in 5 Days or so I might get an answer. I know thw VA is hard to fight but I will not give up. I have a claim that is over 9 years old on remand from BVA to the VARO I won it there because of incompetance of my VARO. Sorry to post so much but the ground work is there pure medical evidence that links everything medically by IMO from 2 different Doctors 1 In VA 1 Outside the VA and still they say nothing Time for me to go laydown and practice breathing I get worked up seeing others like myself get the shaft Hanging on and fighting Adios and thanks to all other vets that stick together

    If you already had the DRO hearing they should have issued a SSOC which gave you a response period to rebutt anything you felt was inaccurate.

    On the I-9 formal appeal form you also can raise this issue as to the facts of the claim.

    "Any Ideas on this if anyone had results with this effort."

    I succeeded in all of my claims so far by knocking down C & P quacks- oooops I mean VA paid doctors.

    But for my last claim I obtained 3 IMOs as well as I prepared my own rebuttals to negative C & Ps.

    This is how most of us here have succeeded in our claims. Our medical evidence outweighed any negative C & P opinions.

    But these days it is almost impossible to get a favorable decision without an IMO for many disabilities.

    The VA raters must justify every award they make with medical evidence.It looks like their facts are wrong here and they didnt consider some critical evidence.

    Did you raise that in your NOD?

    My last claim went to the BVA.On remand I continued to send to the BVA additional evidence and knocked down a lousy PA C & P exam (the BVA had ordered a cardio exam but I got a PA).

    I also sent the BVA all medical evidence the VARO at that point had completely ignored in the 6 years since filing the claim and continued to send them evidence until they awarded.

    You need to make sure the issues are quite clear in any rebuttal you make and also on the I-9 form.

    Any inaccurate C & P exam should be rebutted in my opinion-otherwise it indicates you have accepted something that is not correct.

    I had many lousy C & P opinions over the years to deal with.

    I went through them word by word, line by line, calling attention to any factual or medical statements that were wrong.

    I also used basic common sense.

    And I supported my lay rebuttals with the actual med recs and also established medical principles.

    This can be miserable work to do and I regret that any disabled vet has to do it but ,unless they obtain a strong IMO, in many cases the VA will still continue to deny.

    Are you still employed at 90%?

    If not have you filed for TDIU?

  9. Helo I had a C/P exam with my wife present about SC Migraines I was up for an increase. I explained that I have been to ER atleast twice recnetly and numerous times before due to my SC migraines. I also told him that I had hpertension headaches while on active duty in USMC that corpsman documented in my medical records. I am on oxygen theraphy which has seemed to help but still I had more than 7 headaches last month alone my Hypertension has been high I am stressed out with fighting so I wrote up what the C/P exam left out with the dates and facts and submited them today. I was angry that the C/P nurse tried to state I had headaches while in National Guard not while I was on active duty indicating headaches occured before I was in USMC. My claim was denied and I requested a DRO officer to hear my claims in person but I had the thought the way the VA will twist the facts around did I jump the gun? I just want the facts that are there to be noted. I am on 4 different Hypertension and heart medicine for an enlarged heart also SC @ 60% I have a total rating of 90% and I wanted the record to be true not the way the VA C/P exam seemed to lead my claim. Any Ideas on this if anyone had results with this effort. I had my last chance for a DRO hearing before my denied appeal goes to BVA. I cannot wait on another claim to go through. Thanks again

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