Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Whirlwind27
-
Posts
3 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Whirlwind27
-
-
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
-
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
C&P Exam for 100% rated
in Veterans Compensation & Pension Exams
Posted
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.