mclevela726

Thank you all for your comments. I am approaching this from a continuity of care standpoint. I do not feel that I get the level of care at local VA that I get from my private care physician nor do I feel that I am being allowed to be a part of my care. For example, local VA doc has prescribed medication inappropriate for a diabetic, because it is known and well documented to cause a rise in blood sugar (My credentials include a degree in nutrition with an emphasis in dietetics as well as having been registered with the Academy of Nutrition and Dietetics). As such, I have experienced a fasting blood sugar that has gone from around 126 mg/dL to over 300 mg/dL. And while I have asked to be changed to a medication from the same class and that is appropriate for a diabetic, VA doctor refuses to do so. As far as compensation, I am 100% T & P with the VA stating that "no other exams will be scheduled". I agree with the VA as a back-up plan. However, how might I approach this is a manner that I am not being double treated for the same thing without "burning bridges" with VA? Thanks again for your time.

Hello all, If I disenroll (cancel) from care at VA will my family lose CHAMPVA. I ask because I have private insurance (required by my employer to opt into) and I want to see a private doctor. Thanks. MCleve

Thank for saying this in particular!

PS the exam you quoted is how I got 40%!

Thank Vync. I hope you are too!

I know all too well. I'm going to start working on it. Thanks.

And for anyone wondering. Yes, I see a VSO in two weeks for this.

And now the Exam from 08/30/2012 VA used to award me 40% for low back and 40% for right/left leg radiculopathies

And now 2nd DBQ from December 2018

And now 1st DBQ from December 2018

Hello again, Please compare the following DBQs used by VA and tell me where VA may have seen "improvement" in both the lower back and bilateral radiculopathies. Thank you. Exam report from November 2017

The following is from the C&P exam where I was rated at 40% for each extremity

Thanks for the input!

I agree Buck. I can't help but think of the saying "a person who represents him/herself in court has a fool for a client".

A couple of thoughts. 1. I contend that VA erred in interpreting the evidence in the examiner's report 2. I contend that VA erred in its decision in that it did not consider the provisions of 38 CFR 3.344, therefore the reduction is ab initio. Thanks for the help!

I can't speak for everyone, but my back and legs haven't. Thanks for the help!

Can anyone shed a light on what the CFRs mean in my decision letter? I think I'm going to contend that VA erred when they didn't consider 38 CFR 3.344 when I appeal, but all the codes are confusing and I don't want to make a contention in error.

Here is another of the DBQs (Second C&P exam) mentioned in the letter: Here's what VA said when they proposed the reduction:

Here is 1 of the DBQs (Second C&P exam) mentioned in the letter:

How would you go about appeal this?

Thank you for responding, Vync. This was from my RFE C&P exam. VA used this exam to reduce my benefits from 40% bilateral to 20% bilateral. They alleged this said "moderate"! I thought "I must be crazy cause I see it saying "moderately severe''!? I guess, according to VA, I'm not the only one who's crazy!?

Please decipher.

Thank you Buck 52!

So, back in February I received a letter from VA proposing to reduce my benefits. Because I am in dispute of this proposal, I requested a copy of the C&P exam report to see what it said. The decision letter proposing the reduction states that:“Upon review of your service connect radiculopathy, left lower extremity, your current evaluation is most consistent with a 20 percent evaluation. Your VA examinations dated ######## and ######## state mild and moderate respectively. Improvement was noted on both examinations.” However, the report (noted above) from the most recent C&P shows that the examiner opined that the radiculopathy, left lower extremity was “Severe”. The decision letter proposing the reduction states that:“Upon review of your service connect radiculopathy, right lower extremity, your current evaluation is most consistent with a 20 percent evaluation. Your VA examinations dated ######## and ######## state mild and moderate respectively. Improvement was noted on both examinations.” However, the report (noted above) from the most recent C&P shows that the examiner opined that the radiculopathy, right lower extremity was “Severe”. I’d hate to accuse anyone of lying but based on what I see it sure feels that the rater did. Has anyone else ever had a favorable C&P exam and still received a proposal to reduce benefits? If so, what did you do to stop this? On a side note, my ratings for these conditions have been in place for more than 5 years!