ArNG11

Not sure that this would apply here and I may start another topic and branch off this discussion. While we are talking about proposals to reduce I had a baffling experience with a provider. The doc is a senior doc at his department and has been treating me for a few months now. This appointment was longer than the usual sessions. This doc disagrees with my diagnosis. Or rather disagrees with the diagnosis that was used in my rating. Although it is mentioned in my records PTSD, Anxiety, Depression, both military and private, he specifically stated that I am rated under Chronic Adjustment disorder, my decision mentions the above as it is written as " service connection for adjustment disorder with anxiety and depressed mood", however, him taking the time to point this out to me was odd. He volunteered this information and stated that I should be rated under the correct diagnosis code, and that the rating code that was used to keep me at a lower level rating, specifically at an below the 50%. W I mention this in this topic because it is out of the norm. Typically we as veterans have to fight tooth and nail to prove stressors and levels of impairment, I am a little baffled as to why this senior doc (department head) would volunteer this information to me and go out of his way to state this. Not only state it but show me on, the access file for my ratings/medical records on the computer. Not the typical experience. I'm a seriously apprehensive, and suspicious person and I was thrown off track a bit by this medical professionals behavior. Especially when the norm is the opposite as this topic is illustrating. Usually, frankly, most of the time it's a proposal to reduce not the opposite. I will find out soon enough. I just thought it ironic as we have been discussing the norms of trying to reduce. Still, I stand by what I and others have stated. Be truthful and don't game the system. Always be watchful and cover your six. I guess I'll find out soon enough if this is bait and switch scenario.

Slow is smooth, smooth is fast. Review your cases, review your arguments, and your counter arguments. Memorize your time lines and the pertaining regulations. Stick with the facts, and you will succeed. I wish I could give you more sound advice than that, however, it is what I have. Never give up.

Curious at what point can you and can you not send a waiver of review. Would that not force the claim to keep going instead of sending it back to the denial monkeys?

Congrats. Happy times.

Yuppers, but travel pay is a perk at 30% and above, if I am not mistaken. You can set it up at your local VA and can even file a travel claim through the KIOSK, nurse, doctor, and the always packed travel office in the VAMC.

I would agree. Listen you folks can make your own decisions. My advice against this BS, entrapment and surveillance crap, is be honest. Don't lie, don't exaggerate, it will come to bite you in the rear later, guaranteed. If you use the VA system for care so be it. I myself do. There are some good docs out there, usually from what I've seen the newbies. The Docs that haven't been in the system long and are not corrupted yet, those are the ones that give you a fair shake. Heck even some of the older ones do okay. But it is what it is. Not being paranoid, or schizo, well maybe, not more than I usually am, however, experience has taught me otherwise. Right now I still have private insurance, so I dare the VA to pull that crap on me, you challenge a report, you challenge the Dr making the assessments validity and argument, challenge the medical rationale. By the way I do and I correct them every time with history and current medical documentation from experts in their field and history. Fortunately many of the docs I see on the private side I've seen for over 5 years. They, the VA quacks back down when I correct them. However, I know not to get comfortable with these people. They, the VA medical professionals, may be docs, and take a hippocratic oath to treat me,but sadly they are still part of a corrupted system. Utilize them as you need them to help your care and well being. By no means am I implying to lie, but realize this system is a snake, and as such, you must handle and treat it like so. JMO, JME. Take my statements and opinions with a grain of salt. Reductions in ratings are going to happen. Heck they are even scheduled in most instances. Just be honest and stay true to the course. If you do that, you can fight their BS. Eventually when VA ding bats that pull this crap realize you are the wiser, they hide back in their hole, just remember that they are still there watching for their opportunity to strike when you let your guard down.

What are your SC disabilities? Sounds normal if they are not considered static disabilities. As long as you have continuing treatment and don't show marked improvement that warrants a lesser rating you should be safe. I'd wait to get the full hardcopy decision and that should explain more. Does it not state this on your decision you received?

Wow that is crazy fast. I thought I got lucky when I got my hard copy in less than 7 days. CD would be awesome. Makes it a lot easier to go through.

best of luck to you. At least you have a heads up on some things and that is important when trying to beat the VA

Sorry didn't mean to confuse the issue. The undiagnosed illness is what I was referring to. If your symptoms are attributable to a specific disease, then you loose the benefit of the undiagnosed because it is due to a specific illness. The symptoms have to last I believe 6 months, but once diagnosed then you are done. Can't use that avenue. So what your left with is taking the stance of marking when about the symptoms started and having a doctor link it to that disease or illness, because of your service, not forgetting to also mention that he has reviewed your entire military record. Presumption of health and those symptoms markers, and having a doc to take the time to look through your record will be necessary. It's just difficult to find someone that is cooperative enough to take the time. It is time consuming and not really easy. The environmental factors of the burn pits and pollution that any service member who served in those areas hasn't reared its head completely. I think here soon with the rotation of soldiers returning the numbers will tell a different story about the environmental effects of the burn pits. The numbers just keep going up. Gestation periods of the health problems have a wide range of timeframes to develop. Different people, different immune responses and so forth. Plus you have to figure, genetics, exposures to other factors after a service members tour of duty. It's a real big crap shoot. When will the government finally give in is anyones guess. I would guess or dare say that if they ever did admit to anything the ramifications of providing compensation and benefits might do away with the VA disability system all together. This is just my opinion and semi-objective analysis. I would take a guess at a number in the trillions. You think we as a nation have financial problems now. Whoa doggie.

Look at 4.16 and 4.18 of the eCFR.

Wait a minute you've been unemployed since when??? I still think you can file a CUE for not being considered for IU once the 1 for 60% or multiple service connected disabilities at the 70% took effect. My last two decisions the IU paperwork were included and decision for IU was denied because I am still employed but in his case this should have been considered. JMO, I would look in to filing CUE on that decision, at the very least research the issue, however an NOD would do the trick but only on the most recent decision. I mean, you could file the NOD and then file for the earlier effective date but when was the exact date you fell below the sustainable income marker? Or are you in a similar predicament as I am with working? I meet the percentage markers but my work status denies me IU and even if I got canned today, with service connected conditions being the reason, theres the whole waiting period crap. Never mind. I'm not seeing this right. Im a . As you were.??

I have an opinion from Dr. Ellis that states the 4 weeks of bed rest a year and the VA ignored that completely. Even another IMO from my private dr. stated similar and I got hosed the same. That opinion also states the nerve damage which by regs can and should be rated separately. With that evidence it should have yielded a 40% rating alone for the IVDS and the DRO threw a 20% bone at me. I really despise the BS.

Agreed. I wonder if they will do both like they did me. Except that the rating is geared toward the IVDS. Doctors now a days don't prescribe bed rest. The VA knows this. Haven't found any doctors here in Oklahoma that will do that VA or other wise except the paid opinions.

I thought someone might have answered this already but seems not. I would think it would be a good question for a law dog, but I will give you my two cents. It seems that the overlooked evidence would have made a difference in the outcome of your claim. Whether it was detrimental to the claim, eh that is the question? Actually detrimental to the outcome of the claim, more specifically, the definition of both and to what extent would be necessary to define. You also have the burden of a few things on a CUE, which is also an option, but you loose benefit of doubt standing. When did the VA know those records were there, when did the VA acknowledge them, when were the records used in the decision, if ever at all. When did the VA weigh that relevant evidence? Questions and more questions? The evidence would definitely be new. Whether material and detrimental to the outcome, that's a matter of opinion isn't it. IMO it would be a good fight. I think this is the booger just because they list the evidence does't mean they used it in the decision. The weight of your evidence vs their c&p docs, when and how was it decided that it was material or not. When the whole record is considered, along with the missing piece, would it have changed the outcome? I probably goofed this more than helped you but those are things I would look at. Look at your c file, see if the relevant evidence has date stamps on it, look at everything regarding this specific evidence. These are my suggestions and two cents.

I haven't updated in a while so I figured I would since I'm trying to keep my fingers from falling asleep. The fundlipication was a success but not complete. I am still having issues with feeling pressure and the sensation of something in my throat. I, if you can believe this, got the VA to do a barium swallow, but everything showed okay. I don't really know what to do other than tell the docs m problems and concerns and report symptoms and progress. I still have private insurance so i am going that route. The VA cancelled and rescheduled my gastro docs appoints know 4 times and Im to see him some time in Aug. BS, not waiting that long. I have an appointment with my surgeon on Wednesday. The burning has considerably been taken care off. The mini throw ups have calmed down a bunch but still happen, the chronic diarrhea, well, I wish someone would invent the three sea shells, my butts is raw quite often. I have to say though it has calmed a bit, however, its an ever-changing see saw. Even with further diet changes, loosing 25 lbs, and liquid meals some days are quite terrible. The stress of it all does't help either. I'll have to wait and see what the docs come up with and suggest.

Congrats on the win and I agree with most of what was mentioned above. You actually have better ratings on your back than what I managed to get my first go around. I haven't even started on my claim for my neck. Advice, don't ever fall out of a moving vehicle on your back and neck, it does serious damage. My problems are spread out from a few sources though. The biggest thing I can say about the above is the impact that your disabilities have on your employment. The fact that you are already rated disabled, already have lost employment due to your disabilities is certainly going to be in your favor and strong evidence. I think its just a matter of putting the disability picture up. One that they, the agencies, can't refute. Maybe smashing it in their faces, thats just me . However, in this battlefield it is often and I dare say an inevitable task.

congrats and good luck to you.

there are quite a few studies that show this correlation. Problem is the whole diagnosed illness crap.

there are quite a few studies that show this correlation. Problem is the whole diagnosed illness crap. Once it has a diagnosis, bam! your sunk! Showing signs or symptoms that reach at least a 10% degree not attributable to any other disease. I love how they throw the chronic multi symptom issue in there. It makes a good avenue of escape to deny benefits.

Rootbeer, curious, did you do a pre and post health questionnaire during your time in? That would be a great reference besides you entrance and exit physicals.

Agreed. We all could probably agree that this ,,"unexplained illnesses" is just a bunch of smoke. They know what they used, what was experimental and on trial basis. Oops dilated eyes caught up with me. I'll finish later.

Not necessarily. Depends on why it was stopped, how long you have had your condition, whether the condition has stabilized or improved and there will be no regression. Did you get a notice to reduce or was something implied? Also depends if you have a protected rating. Other will chime in. Hope this helps.

If you joined the registry you should have had a confirmation email that stated you registered. Also both the Airborne Hazard and the Burn Pit Registry let you print of your questionnaire. Each gave that option. The Gulf Registry exam, well I have the results but that was a joke of an exam. Dr was rude and didn't ask any questions regarding exposure. I mentioned the burn pits and unserialized and expired batch numbers of immunizations. Those facts didn't even make it in to the report. The bad guys can only dodge the bullets for so long. Once the artillery starts coming in, hell will have no compassion. Documentation is key. JMO twisted,eh, may be, but time will tell. Fight til you're last breath!