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Whirlwind27

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About Whirlwind27

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  • Service Connected Disability
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  1. I'm rated 100% scheduler for 2 years. My ratings letter advises i'm not P&T due to one item (Planter Fasciti)s possibly improving. Irony is even without that rating i would still be 100%. My ratings added are over 300% combined. I'm 55, on SSDI for service connected disabilities and unable to work. I recently (last week) did a C&P exam to check this item. Checking the benefits website it is in gathering evidence stage. I did not question the exam, thinking that maybe it will (after being reduced or remaining same) assist with my case being changed to P&T by rating officer. Question: Should I upload to the claim, a statement the rating should not be reduced, and/or the claim should be rated P&T, since any change will not effect the 100% for the rating officer and/or whomever and copy part of Electronic Code of Federal Regulations? §3.327 Reexaminations. (iv) In cases of veterans over 55 years of age, except under unusual circumstances; especially - (vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. Thanks for any info or guidance.
  2. Thank you both for your advice. Asknod, Unfortunately I’m in the predicament of having to defend my claims. Absolutely agree on pursuing items that are most problematic. I could understand if med records were sketchy but they’re not. The VA ignored the 3 five inch binders of objective and subjective records on items that prevent me from working and limit my quality of life. I got another epidural last week for sciatica and doctor has recommended a spinal implant stimulator. The VA said I had a med record but did not find evidence of a disability. But they saw fit to over rate a ten % item with 50 for something I haven’t seen a doctor since 2011. That’s crazy. The first C&P for migraines correctly reflected over 10 yrs of medical records since I had meningitis. The second C&P said less than one a month, and this time in addition to records I provided a diary my neuro recommended which also included the cluster headaches that started in 2012. Right is right, and I will fight for it. I volunteered for jumping from planes and rucking 75lbs until I was 48, when a doctor said stop, no more. But that’s what we do in the military. The smaller stuff I’m not so much worried about except if it’s a 10% I deserve and it means diff 90 to 100. I didn’t know what a CUE was or that a NOD was the same as an appeal until last week. I’m very new to learning this. I just read that I can ask for a hearing on these items without doing a nod/ appeal. I also just found out I need to go to regional office to see my file, which may provide some answers. Then I plan to request a hearing either to learn why the records didn’t matter or if the file was missing info, in which case I can present what was missing. Asknod, Am I understanding, interpreting this process that I read correctly? Have you heard of anyone requesting a hearing first, before a NOD to right a wrong? Thank you
  3. Any thoughts appreciated In short; 2013 IDES C&Ps 2014 fit for duty, hit 35yrs, 14 of SOF Ratings Letter rec. June 2015/ 100% (not P&T) due to an claim item that was overrated and will prob be reduced as their boilerplate langauge says will be reviewed in 6 months. 1. BBD (benefits at delivery) claim was Required and submitted Nov 2014. Preparing the BBD, the VSO and I filled out the claim form (to include 2013 C&P diagnoses on several items), for instance one eye diagnosis was 20% BiLat ref. VARSD, but It was ignored or removed from 2014 claim. My C%P examiner was the same on both exams. 2. Five claim items were not rated at all,not even zero, but clearly in med records. For instance, scaitica bilateral - not service related. But scaitica started in Dec 2013, and weekly transdermal Butranorphine (sp) and oxicodone 60 a mo. I cant remember this sec but I had 3 ER visits at Army Hosp in 2014. Army Pain Mgt burned Nerves - didnt work, 3 times facets blockers, Predisone injections x2, and 1- epidural. 2015 out of service and 2 epidurals this year. I won't go into symptons but pain etc keeps me from working. This is the same thing for the other 4 claimed items in various degrees. I've looked at forums quite a while and I've not found this scenerios except for close and sorta. My first thought was Im being set up for a reduction under 100,, because they know with their omissions I'll have to fight a few years to get corrected back. "I dont know". But I know i need to be prepared. The good thing is I have all my Med records in a safety deposit box that support my claims. I'm trying to find a new VSO (since i've moved upon retiring) but I'd like to know what experienced veterans think. Do I file a NOD? 3. Currently my e benefits says review December, 2015, and Letter says not P&T because an item may get better. 4. Several persons, to include a Rep have said not to do anything because i'm 100%, but wait till reduced. What is your opinion? 5. Would filing a NOD or CUE on non- service connected items jeopardize my current rating? Or do I appeal those, ask for reconsideration? 6. One more thing, but comes as result of #2 above. Can I use a diagnosis from prior C&P to file a claim? (yes it was a claimed item on second time). It seems that if the VA diagnosed me and the army treated me, it could be used to support my claim. (clarification - I've had multiple eye problems with several diagnosis and all claimed. At C&P #1, i was diagnosed with what would be auto 20%. So at this time I can only assume either the VA ignored claimed item OR the SAME C&P eye examiner didnt list it on 2nd exam. Couldnt I use the 1st C&P exam/diagnosis as basis for appeal, NOD or whatever it is i need to do? (the diagnosis is permanment- not going away) Thanks for any insights
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