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Raza23

Seaman
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About Raza23

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  • Service Connected Disability
    90%
  • Branch of Service
    Marines

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  1. Thanks for the help and advice Pete... I think that a hearing at the VARO is exactly what I will attempt to pursue first as I still have till January to file a NOD. Also, I just can't see a reason to have a doctor refute a bogus opinion by another doctor with their own bogus opinion. No doctor can say if a FEV-1 or FEV/FVC is the most likely true representation of severity with any real objectivity. It's a very subjective opinion and subjectivity should never be used when evaluating a condition of a disabled veteran. Asking another doctor to do so will just be playing the game with the VA and I am really exhausted with their games already. However, I will put on my helmet and pads if need be once again. Hoping a hearing at the VARO will be like a good referee overturning a bad call. Thanks again for help...
  2. I can't help but to keep thinking this is more of a CUE instead of a NOD. Any idea if I could file both a NOD and CUE? This was a reconsideration claim, so my timeline to file a NOD is drawing close. A NOD seems the most likely course of action given there are not to many choices to begin with when a claim is denied, yet, I think a CUE could be more in order considering there is no way on God's green earth a doctor could know if a FEV-1 or FEV/FVC best represent the patients true function, nor does the actual rating criteria ever suggest to use this as a basis. It states to use the actual test (not FEV's or FEV/FVC's) amongst two differing PFT's when there is an discrepancy between the two, which in this case there was no discrepancy at all in my last two PFT's. Will wait for the actual BBE and go from there upon viewing their actual explanation.
  3. Thanks for the sound advise... I know I will still have to get an IME from another doctor to refute the basis of their findings, however, based upon the rating criteria, from my understanding they can only ask for a doctor's opinion on which test best represents the patients true function if there is an discrepancy in multiple pulmonary function tests. My last two test are virtually the same. Also the language used for even those ratings criteria mentioned are very vague, where the rating code could be asking which test best represents the patients true impairment when there are multiple test. Example, is it this or that PFT that represents the patients true function. No where does it state to use the FEV-1 or FEV/FVC if there is in fact a large discrepancy between two different test but to use the test itself as a basis of rating the claim. My FEV-1(off by a few percentages in one) and FVC's(identical oddly in both) for this rating criteria to be used in any case. So it would stand to chance the VA is full of fecal matter unless the rater misunderstood the rating criteria due to vague language, i.e human error.
  4. So this morning I called and talked to my VSO about my claim that closed on Wednesday and told him I am a bit concerned because nothing has changed in ebenefits. He said you are right to be as your claim for increase was denied. I asked him how can the VA keep denying me the proper rating when the test results clearly state I should have been increased. My pre FEV=1 is 38% and post 35%. He said that the doctor who did the C&P exam in less than 10 mins stated that the FEV/FVC 55% was the test that she said best represented my asthma condition. Now how in the world can a Neuromusculoskeletal doctor(not pulmonary) find that out in less than 10 minutes? This exam was done by the QTC who I had stayed in contact with till they got the results in to the VA and every time I called they said the hold up was that they needed the doctor to change something in her report and send it back in signed. I suspect a lot of foul play going between the QTC and VA about this whole issue. I will be filing a NOD as soon as I get the letter, perhaps even firing my VSO as he just filed the claim and never actually went to bat for me. Does anyone have any information on how the Va or a doctor can use any random test in the pulmonary function test and say this best represents the patients condition? I thought the rater had to choose the lesser numbers of the test? Any advice/ideas on how to pursue this matter further would be of great help.
  5. The claim was for asthma and per PFT results there is no way it should have been denied. FEV-1 was 25% post predicted. However the C&P examiner was a neuromusculoskeletal specialist, no expertise in the pulmonary field, so I am going to request the copy of the C&P. I am sure they must have used some bogus information from the C&P to deny the claim if it was in fact denied. Also my claim was just approaching the four month mark. I hear some say it takes a few days for the AB8 letter to update while others say it automatically updates when the claim is complete. I really don't look forward to my first long appeals process.
  6. Today my claim moved from Prep for Decision, Pending Decision Approval, Prep for Notification, to Claim Complete in a matter of a few hours(about 8). Not that I do not like the lightening speed it has moved since Monday after the VA received the report back from the OTC on C&P results, yet what worries me is nothing has changed with my AB8 letter. Is this possibly a good sign I will be filing a NOD soon via having been denied or is just a matter of it not being updated as it moved so fast and completed so near the closing of business day? I know I will have to wait on the BBE but just curious on what others may make of this or have experienced similar situations where a claim was granted that took a bit for ebennies to update via AB8 letter?
  7. As I stated in another post, when filing an FDC and all evidence you have has been submitted, the claim automatically will go to prep for decision. It is only a VA computer generated response it seems and quite misleading if ya ask me. Once actual human eyes start working on the claim it will more than likely backtrack all the way to the Gathering of Evidence stage where C&P's and all that fun stuff will be done.
  8. My recent experience with FDC's are that after you file and state you have no more evidence, your claim is automatically moved to prep for decision. This to me is nothing more than a gimmicky computer generated automatic response from the VA when a vet chooses to have thier claim decided now. Once they actually start working on the claim with real hands, you are more than likely to move back to gathering of information and get those C&P's in question.
  9. While it is most likely the most effective way to get an increase, there a cases where increases are still granted with little to no docter visits. Perhaps this varies upon types of disabilities in question. Some disabilities where test must be done after filing are dependent on results for a rating, whereas medical evidence or physician visits only carry so much weight, regardless of how much documentation. Of course the more the better the chance for an increase, yet say for something like Asthma, the PFT results will be the deciding factor. Not how much you have gone to the docter for it as test results normally wins out.
  10. Honestly, I feel bad for some people here as I have read many stories since coming on this board and my path to 90% with 100% now pending with the current reconsideration claim has been an easy road in comparison to many. Based upon my research here and on other forums, the tulmaltuious, tedious, delayed, and long process that affects many vets maybe due to the vets themselves and not the VA. Seems vets file for anything and everything with some having over 20 contentions. I never filed for anything over two at a time. According to my disability chart on ebenefits it could have been over 7 maximum as they list many medical problems I had in the service that I never bothered to claim for S/C. The VA must think most vets file claims almost solely for money purposes, and when they do not have all thier ducks lined up in a row, it delays thier claims for not filing properly and others waiting in line. Also, I think if you have many contentions it is best to file one or two of the big ones first and get them out the way, then afterwards file the minuscule ones knowing it will take some time for the VA. Seems to me, with no offence to those vets who are truly deserving, much of the backlog is due to the veterans themselves.
  11. I think going straight to the decision phase after pushing the button is perhaps more of a generated response. Not sure if mine needs a higher level review now as status says initial review complete or what, but mine has went from PFD 05/18/15 back to Review of Evidence on 06/08/15. If an increase is granted it puts me at 100% so perhaps it's just a matter of higher management now reviewing and signing off on the claim. Still a little over a 2 month claim and the ball seems to be rolling nevertheless.
  12. I pressed the magical button on 4/14/15 claim submitted on 4/02/15. Today it went on 5/18/15 from under review to prep for decision. Funny though, they requested more info from my local VAMC which kind of scares me since I already submitted two PFT's with a FEV-1 of 38 and 39 predicted with no change after post. Praying I get decided on soon and not have to play the merry-go-round game of going back to gathering info when the PFT's should be enough evidence. Crossing fingers...
  13. Thanks for the reply Pual. The clear and unmistakable error in my opinion would have been the fact that they rated the asthma without even having the PFT results in their possession. I have no proof that the never received the results but the rater pulled unclear data out of thin air. Nowhere does this test seem to be on file except for the copy I received which is just weird as even stated by my VSO who couldn't find the report and stated that I never should have received a copy of it. So the question is, just what information did the rater use to conclude a proper rating? I think the VA maybe under pressure to try to keep thier estimated times of completion and just made something up thinking I wouldn't know any better if I didn't have the results of the PFT in my possession. I truly do not beleive this was not just an oversight. However, becuase the evidence is clear, cut, and dry in any event for an increase, I have also thought of perhaps waiting for a decision while later appealing the EED if it is not kept under the original filing. Again, thanks for the input.
  14. In Dec. 2013, I decided my disabilities had gotten worse and decided to file for an increase. In Jan. 2014, a decision was made that increased the majority of my disabilities and I went from a rating of 70% to 90% however they decided that my 60% asthma rating didn't warrant a change and could actually be reduced to 30% but because there is no definitive proof of improvement they would keep it at 60% with change or increase. This floored me as I watched the process on Ebenifits the whole time and it was stuck in the Gathering Information phase for practically the entire process as they were waiting on third party documentation where the PFT was preformed via request of the C&P and I guess they never received it. The funny thing about this is I was sent a copy from the hospital that performed the test. It is my estimation that the VA never received it and made up some sort of false decision based on numbers they pulled out of the air. They claimed my FEV-1 was 40 to 55% but never stated specifically an actual number. On my copy I was sent my pre and post numbers were both 39% with no change. With that said, no one since the time of the test in April 2014 at the C&P or VAMC could find any record of this PFT which leaves me to speculation on how did they decide this area of my claim. I was sent by my Va Doctor, because neither he could find it in the system, to go and take another test which was completed in Feb. 2015. My FEV-1 for that test is 38% Predicted. I decided to get the appeal in asap. A few days ago, I went to meet with my VSO in order to file a NOD in which I felt one of my conditions (asthma) was rated wrong and based upon the information he said it would be best to file a Request for Reconsideration. Upon further examination of his filing(my copy), I noticed after researching exactly what a Request for Recons is that his language was very vague and not exact to the problems with the rating. He never stated that the April 2014 was a C&P request for examination. This test could be mistaken for me seeker a non VA test on my own because it was done at the Atlanta Medical Center instead of the VAMC. I guess this could be perceived as information they never had and I never provided. However, at the he read back to me what he was filing it sounded good to me considering I was uneducated as to what a Request for reconsideration really and it also sound good that it would be faster, yet after doing some research here at Hadit and elsewhere I am now a little leery that I could lose my EED on the original claim as it is really a reopened claim (or new). So my question is was this the right path to take so far as a Request for Reconsideration? Should it have been filed under a CUE? Should I be worried about losing my EED with the provided PFT's dated back to April 16 (C&P test) and the Feb 2015 test (new evidence) or will the rater be smart enough to know that it was rated wrongly and the original effective date for Dec. 2013 should be the EED for retroactive pay?
  15. In Dec. 2013, I decided my disabilities had gotten worse and decided to file for an increase. In Jan. 2014, a decision was made that increased the majority of my disabilities and I went from a rating of 70% to 90% however they decided that my 60% asthma rating didn't warrant a change and could actually be reduced to 30% but becuase there is no definitive proof of improvement they would keep it at 60% with change or increase. This floored me as I watched the process on ebenifits the whole time and it was stuck in the Gathering Information phase for pratically the entire process as they were waiting on third party documentation where the PFT was preformed via request of the C&P and I guess they never recieved it. The funny thing about this is I was sent a copy from the hospital that performed the test. It is my estimation that the VA never recieved it and made up some sort of false decision based on numbers they pulled out of the air. They claimed my FEV-1 was 40 to 55% but never stated specifically an actual number. On my copy I was sent my pre and post numbers were both 39% with no change. With that said, no one since the time of the test in April 2014 at the C&P or VAMC could find any record of this PFT which leaves me to speculation on how did they decide this area of my claim. I was sent by my Va Doctor, becuase niether he couldn't find it in the system, to go and take another test which was completed in Feb. 2015. My FEV-1 for that test is 38% Predicted. I decided to get the appeal in asap. A few days ago, I went to meet with my VSO in order to file a NOD in which I felt one of my conditions (asthma) was rated wrong and based upon the information he said it would be best to file a Request for Reconsideration. At the time it sounded good to me as it would be faster, however after doing some research here at hadit and elsewhere I am now a little leary that I could lose my EED on the original claim as it is really a reopened claim. So my question is was this the right path to take so far as a Request for Reconsideration? Should it have been filed under a CUE? Should I be worried about losing my EED with the provided PFT's dated back to April 16 (C&P test) and the Feb 2015 test (new evidence) or will the rater be smart enough to know that it was rated wrongly and the original effective date for Dec. 2013 should be the EED for retroactive pay?
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