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SemperFiGeek

Seaman
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About SemperFiGeek

  • Rank
    E-3 Seaman

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USMC

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  1. don't trust them. ask for a personal hearing in writing within 30 days on the reduction. who knows what they will try and reduce later to knock you down. Write a sworn declaration that your scars are painful and that will count as new and material evidence.
  2. apologize for any confusion but was just making sure you submitted the imo document itself with each claim because many times lazy folks at the VA won't go back and really read the record so submitting everything again helps and not just new evidence.
  3. on the most recent claim you submitted did you include the imo with the submission or was it just in the record?
  4. I got my QTC exam pretty quickly before the claim was decided by emailing bob mcdonald directly for them.
  5. Pretty sure these are the five options you are referring to that a VSR is able to request from examiner: 1. Medical opinion for direct service connection Choose the statement that most closely approximates the etiology of the claimed condition. a. The claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness. Provide rationale in section c. b. The claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness. Provide rationale in section c. c. Rationale: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2. Medical opinion for secondary service connection a. The claimed condition is at least as likely as not (50 percent or greater probability) proximately due to or the result of the Veteran’s service connected condition. Provide rationale in section c. b. The claimed condition is less likely than not (less than 50 percent probability) proximately due to or the result of the Veteran’s service connected condition. Provide rationale in section c. c. Rationale: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 3. Medical opinion for aggravation of a condition that existed prior to service a. The claimed condition, which clearly and unmistakably existed prior to service, was aggravated beyond its natural progression by an in-service injury, event, or illness. Provide rationale in section c. b. The claimed condition, which clearly and unmistakably existed prior to service, was clearly and unmistakably not aggravated beyond its natural progression by an in-service injury, event, or illness. Provide rationale in section c. c. Rationale: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 4. Medical opinion for aggravation of a non-service connected condition by a service connected condition a. Can you determine a baseline level of severity of (claimed condition/diagnosis) based upon medical evidence available prior to aggravation or the earliest medical evidence following aggravation by (service connected condition)? Yes No If “Yes” to question 6a, answer the following: i. Describe the baseline level of severity of (claimed condition/diagnosis) based upon medical evidence available prior to aggravation or the earliest medical evidence following aggravation by (service connected condition): __________________________________________________________________________________________________________________________________________________________ ii. Provide the date and nature of the medical evidence used to provide the baseline: ____________________________________________________________________________ iii. Is the current severity of the (claimed condition/diagnosis) greater than the baseline? Yes No If yes, was the Veteran’s (claimed condition/diagnosis) at least as likely as not aggravated beyond its natural progression by (insert “service connected condition”)? Yes (provide rationale in section b.) No (provide rationale in section b.) If “No” to question 6a, answer the following: i. Provide rationale as to why a baseline cannot be established (e.g. medical evidence is not sufficient to support a determination of a baseline level of severity): ______________________________________________ ii. Regardless of an established baseline, was the Veteran’s (claimed condition/diagnosis) at least as likely as not aggravated beyond its natural progression by (insert “service connected condition”)? Yes (provide rationale in section b.) No (provide rationale in section b.) b. Provide rationale: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 5. Opinion regarding conflicting medical evidence I have reviewed the conflicting medical evidence and am providing the following opinion: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  6. If you are still within the 60 days from the date of the proposed reduction letter then file a new claim for increase for that issue. It will trigger a new exam.
  7. Tip I learned recently: If they send you a proposal to reduce immediately request a personal hearing within 30 days and file a new claim for increase within the 60 day period following and you will get a new exam before they decided on the reduction which gives you another shot to get it right. I received a proposal to reduce on 12/9/2015 and have all new exams scheduled for next week because i filed for increase again for the conditions they wanted to reduce. It confuses the heck out of them and they have to follow the rule most favorable to the veteran.
  8. Every reduction proposal comes with a letter that says if you don't agree with the adverse action you have the right to personal hearing if requested within 30 days of the date of the proposal to reduce. The law says the VA cant reduce your rating until you have the personal hearing which at this point its taking the VA about 6 months to actually get the hearing. Thus the benefit in filing a new claim for increase a few days after you request the personal hearing is that you will get new exams long before they get to a hearing and thereby have strong new evidence against the reduction for the hearing or they'll cancel out the proposed reduction completely and just decide the new claim(which is happening in my case). The best way to request the personal hearing is in writing. Use the IRIS system the day you get the letter or fax it to the centralized mail system. If you live far from the regional office you can request a video hearing.
  9. just make sure you prepare by reviewing the dbq because if the review shows any improvement they will reduce you!!
  10. Tip I learned recently If they send you a proposal to reduce immediately request a personal hearing within 30 days and file a new claim for increase within the 60 day period following and you will get a new exam before they decided on the reduction which gives you another shot to get it right. I received a proposal to reduce on 12/9/2015 and have all new exams scheduled for next week because i filed for increase again for the conditions they wanted to reduce. It confuses the heck out of them and they have to follow the rule most favorable to the veteran.
  11. Just wanted to give you all an update that I challenged the exams and was granted new exams for my knees and shaving bumps. The request for the new exams was put in on Friday 2/19. My question now is if they are requesting new knee exams are they getting new medical opinions based on those new exams since I was denied secondary connection for my ankles and back based on the faulty knee exam..
  12. Hope it's useful. Once I saw it in my claims folder I couldn't understand why the VA just didn't make a similar medical opinion request form available to all Vets to use. They could take that money they spend on contract exams And pay more vets directly!!! The one here can be easily edited for your specific use.
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