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