Ricky

This is how they used it in an instruction for a remand: the optometrist should be asked to state the likelihood (i.e., probably (greater than 50 percent), at least as likely as not (i.e., probability of 50 percent), or less likely than not (i.e., probability less than 50 percent) that the service-connected diabetes mellitus aggravated his glaucoma.

This is how the board weights the word probably. Although a denial probably was taken to equal more likely than not. supported by the service treatment record that contains a diagnosed of hepatitis, probably secondary to improper use of heroin and amphetamines. See October 1973 narrative summary. As drug abuse is considered willful misconduct, and the in-service medical evidence establishes a link between the veteran's abuse of heroin and amphetamines and the diagnosed hepatitis,direct service connection is precluded.

OK lets try it again. State it and give me a chance to look it over. I will help you or tell you that I do not know how to help. Just calm down.

Application for IU will almost always result in new C&P exams. Just hang in there

state your question. If you post to only hear what you want to hear then you may be out of luck.

Just wondering what is your question about ICD vs DSM?

They can do either. Normally they issue decisions 12-18 months after the hearing.

Rock - probably is equal to "more likely than not". Most VA raters who can read will translate it this way for they are used to seeing it due to the fact that most if not all civilian doc's write this way. They use probably to mean more likely and possibly to mean less likely than not. probably - with considerable certainty; without much doubt;

You should get a min rating of 30 percent and upwards from there depending on the residuals. I would ask for the 1 year of 100 percent but you probably lost out due to the long length of time since the operation. But like I said roll the dice and ask for it who knows what will happen.

If NYSDVA was notified of the change then I would force them to handle the issue. Although they may be a bunch of worthless SOBs they still have more influence with the RO than you do.

Unfournately the VA is several hundred thousand claims behind so the initial rating could take anywhere from 6 months to 18 months. Hang in there.

Don't sweat it. If your disabilities are static it will be a simple review. More that likely they will schedule the exam in Manilla.

Thank you Berta. I will try them tomorrow. Ricky

I would not call it an upgrade!!!! They have turned it into a cousin of the 1800 call centers. I have been told there are two response centers (1-800 types) so your inquiry does not go to the regional varo any more. Layer one and layer two- next thing you know you will not even be able to walk through the doors at the RO - they will probably start to conduct walkin business in some dark alley in the major cities and when you exit the alley you will be struck in the back of the head so that you can not recall any of the conversation.

Congratulations Rock!!! I applaud you on your efforts.

Has anyone every seen a list of numbers for the VARO's? I am looking for one for the Montgomery AL Office in an attempt to speak with a warm body there.

I think I will begin to add this to all my IRIS inquries hahahahahahaha As you can see it is getting late and I am getting wacko

If the letter states "until she is fully treated" it will not help you. Such wording would give VA the idea that your condition is not Perm cause it will go away once you completed some type of treatment regime.

After reading this a couple of times I have just a couple of thoughts: Carlie and Berta are right on the CUE for the non-notice of a C&P - it will not hold water. This mystery exam - keep in mind that when the VA refers to a VA C&P exam they call it just that or "upon examination" - they do not do clinical evaluations for a C&P exam nor do they refer to it as a clinical evaluation (sounds to me like they were referring to the clinical evals done by the military) - just make sure you check your medical records. From my reading this post there has been no mention of limited ROM etc.... merely a diagnosis which would allow the VA to use the wording they used. You can have all the torn knee parts you want but without an exam where ROM and its limitation ie flexion etc...... you will get a service connected ruling but a zero percent rating. So just get your ducks in order.......study the smr's for such an exam for without it you are still barking up a tree. Does your exit physical expand on it or does it just say torn.......... My post is not to dampen your spirit - but I hope it does make you do your homework!

It is unheard of to call a rater as the only contact a veteran has with the VA is this insane 1-800 call center who employs people with IQ's of negative 10. On top of that VA employee names are Top Secret and even unknown to God. That is why each and every one of them better hope that when they die they die in groups so they can identify each other as they try to pass thru the pearly gates :P On a serious note contact can not be established directly with the rater. If that were allowed they would be on the phone all day instead of rating claims. When you get the decision you will have to file a NOD and lay it out for them step by step.

Mine was sent to "Group 2". Looks like they have cut off all contact with your supporting VARO and are routing all of them to a stupid call center. Wow that will really help.

Nope but anything is possible with the VA. However, in your case they are dead wrong. Submit a letter asking that Finance take a look at your payment file and explain how or why they are now paying you as a single veteran.

I found this site kinda interesting. It is associated with an attorney but I ain't associated with him. ssdi

These four words did away with the entire letter "will often be necessary". Give a snake a way to slip past you into his hole and he will win every time!!

Sometimes you gotta watch those ole boys. If you were discussing your DDD with them and brought the GW service up they noted it so the development team simply added it to your claims. They can not pull anything on you. They will first see if the claim fits under 1117 and 38 CFR 3.317 for an undiagnosed illness which it does not if you have a medical diagnosis. Then they will determine if they can be service connected via direct service connection via medical evidence. As Berta stated 1117 and 38 CFR 3.317 are some weird animals. 1117 was basically written to pacify the public amid the claims of the vets who served during that time. All except the IBS and Fibro issues will send you into remand hell for it is hard to get a doc to say that your knee and shoulder pain is due to your service if they can not see it on an xray.