Holllie Greene

Hang in there Buck! The Hadit.com family has your back. I will also be praying for you and your wife.

So very sorry to hear this.  Buck's wife will be in my thoughts and prayers for a speedy recovery.  💐

Congratulations!
The VA should hire him to teach the VA examiners how to do their jobs right the first time

A few years ago I was granted TDIU then P&T...If the older posters here recall, I was the person Dr. Craig Bash did an exam on up at the airport in DC right in the middle of Starbucks and AskNod wrote an article on this!!! Well, because of Dr. Craig Bash and his NEXUS and medical opinions, I was not only granted TDIU then P&T and SSDI some years ago, but last week I received a Board of Veteran Appeals Decision GRANTING my final two contentions, of Bowel and Bladder Incontinence due to ALL the Spondylosis I have throughout my Cervical and Lumbar spine. The Board granted both and stated the independent examiner (Dr. Craig Bash),  "The Board finds that these opinions are the most probative medical opinions of record."...Basically Dr. Craig Bash's TWO opinions he wrote shut down all VA fake MD contractors they us to constantly deny veterans. The Board stated "The Board acknowledges that the May 2014 VA examiner provided negative nexus opinion concerning the contended etiological relationships at issue in this appeal. The Board notes, however, that the VA Examiner's opinion was based on LACK OF DIAGNOSIS of neurogenic bowel and bladder disabilities."....
I am here writing this because I gave up on these two contentions whenever the VA granted me TDIU & then P&T. I didn't expect this but Dr. Craig Bash deserves the credit and it needs to be made known that because of his two medical opinions he wrote to connect everything his opinions won my case. I am DONE, no more contentions, no more appeals.
 
I am currently 90% TDIU P&T. I know this will place me in the 100% schedule P&T but I am curious about the extra scheduling on these issues. Nothing yet on ebenefits, I guess it will take awhile to get back from DC to the RO?
But on the VA.gov website instead of showing the original TWO contentions it shows THREE were granted:
 
Granted
Service connection, anal stricture Service connection, Neurogenic bladder Service connection, External popliteal nerve paralysis Does anybody have any idea how they are going to rate these? Yes I do wear the Depend Fit Flex..

the actual ruling is here
https://www.uscourts.cavc.gov/documents/WolfeAJ_18-6091.pdf
the first 10 pages or so make fascinating reading in terms of the history of these events. It is well written and avoids an excessive amount of legalese.

https://www.msn.com/en-us/news/us/court-rules-va-must-pay-veterans-er-bills-a-decision-that-may-be-worth-billions-to-vets/ar-AAH6l4X?ocid=spartandhp

If your location has the kiosks you can enter for your travel pay at the kiosks when you come in too. 

My VAMC said they will only reimburse for visits within the last 30 days, so don't delay!

I’ve missed out on the past 3 years of driving to all my appointments except the ones in the past 30 days but there’s an easier process now on a tab on the new va.gov website. They give you the form now go fill out and you fax it or hand deliver  it to your appointment at the Appropriate office. So check the criteria and don’t miss out....

Hi,
I am staying with my appeal in the Legacy as I only have one contention.
Have a nice weekend everyone.
H

The Inspector General has found multiple errors in claims involving the spine:
“The OIG estimated the Veterans Benefits Administration (VBA) incorrectly processed more than half of the 62,500 claims decided in the first six months of 2018, accounting for at least $5.9 million in either over- or underpayments. Processing errors included improper evaluations, missed secondary conditions, and evaluations based on inadequate exams. The OIG found these incorrectly decided claims resulted from VBA’s inadequate process for ensuring accurate and complete evaluation."
Full report here:
https://www.va.gov/oig/pubs/VAOIG-18-05663-189.pdf

When I occasionally call Peggy the estimated time they give me is (and oddly each time I call) is always 518 days.  On vacation and out to lunch.  However, I will not give up. 

Me suspects that the VA is doing exactly nothing with legacy NOD's.  Peggy says the estimated time is supposed to be 365 days or so but va.gov reads 10 to 26 months.  Mine is a pretty simple claim with no new evidence or medical records.  One would think that if the claim is being reviewed right now as vets.gov states it should be finished most soon.  But alas the decision review officers seem to be on vacation.

Hi Penguin,
So I'm not an expert, but if it were me?  I would withdraw the legacy appeal and submit the Supplemental Claim as I explained in my earlier post.  I didn't make recommendations earlier, but you are specifically asking for one 🙂  Here's why I would do that:  I work RAMP (there are still some out there) and AMA claims primarily.  But I regularly come across legacy appeals.  The thing is, even if they are ready to rate and there is nothing left to do but assign it to a rater, I see them sitting there where the last suspense date is OLD and it hasn't been assigned to someone to complete it.  The system (NWQ) knows when the suspense dates are and assigns the workload accordingly.  The 1st thing I do when I open a claim is check the suspense date and what item is due - response to a letter, attempt to get STRs, etc.  I don't know this to be true, but I suspect these legacy appeals are sitting out there unassigned because there are too many appeals and not enough claim processors/raters (sounds obvious, right?).  I don't get the same sense with the new AMA appeals (we aren't supposed to call them that - they're "reviews", lol).  I'm not working claims where the suspense date has passed.
As for the bad exam, if you can swing it (make it happen!), you should get a private exam.  There are tons of posts in here devoted to just what you need to do regarding a private exam.  That's not my area of expertise, but I've done that with my personal claims.  Read up on it - just like you were taking a serious test on the subject.  If you think you messed up the 1st time, prepare well for the next one....
Good luck,
Phury

I'll try to keep this short(ish). While In the Army I got a shot that caused a really bad rash on my torso. Biopsy said paraspsoriasis (I think means psoriasis like). Did just under six months of phototherapy, cleared up. Got out right after (2012) and put in a claim within a month of getting out. Claim was denied because they said they couldn't find military records. Got bad again, VA doc described it as "severe and disabling" put in new claim 2014/15 ish. Denied for not being able to find military records and service connection. Now (2019) I put in a claim through representative as CUE. She says since it was filed within a year of getting out and within the presumed service connected period, it wouldn't matter whether they had military records or not and shouldn't have been turned down for not finding service records. I since found my records on the Tricare site. Record describes it as reaction to injection. Has been horrible for so much of the past 7 years- face, eyelids, palms soles- I worry when I go to my new exam and it's only only hand/palms for the past few months they will judge it based on it's current state. How do I express/prove how bad it normally is. Also in 2015 VA doc wanted to put me on cyclosporine and methotrexate. He said I could expect a significantly shorter life span as a result but it would be "worth it" to have clearer skin. I decided against it. What can I expect from not taking the meds? If you read all this thanks, I appreciate the advise.

You should not be penalized for not taking medications that can shorten your life. 
Yes, it should be presumptive but now that you have you have records you should be able to reopen your case due to new and material evidence 38 CFR 2.501.  This would reclaim your original date if the VA accepts the evidence which they should.  Reopening your case should preserve your effective date.  The following site explains it pretty well.
https://vaclaimsinsider.com/va-supplemental-claim/
Good luck and let us know who it works out.

Buck, he no longer has HCV but all the horrific secondary side effects from it- i.e. fatigue, malaise, cognitive dysfunction, cirrhosis, ascites, esophageal varices/bleeding and a host of other deficits. VA was hoping to deny based on the cocaine but they didn't plan on a agent stepping in. Secondaries are what we now use to win with-not the actual disease being present. I do see a lot of the Vets who did the old Interferon beginning to  relapse so no one can say it's gone forever. The next shoe to drop for most of us is Liver cancer. There's no repair order for that one.
My Vet will get a new c&p where they will dx all the present symptoms and issue a rating. He's pretty much comatoast for work options. We'll get 100% or continue to appeal.  I don't say this to brag but there's a reason I have three Vs in less than two years over there- I don't give up. I'll be doing this until I seize up and kiss the keyboard. Theresa says it best... Leave no one behind-ever.

Here’s a nightmare of a claim. The Vet had no STRs in his NPRS file except for his eye records. He admitted snorting the white lady in the late 1980s to a VA nurse in 2015. She immediately wrote down “HCV due to bloody shared dollar bill(s).” That pretty much put a fork in any potential claim.
He approached the VFW about filing his jetgun claim in 2016. They laughed him right out the door. No attorney or agent would even talk to him the moment he mentioned the toot. And then he called me.
Regardless of what you’ve heard about me, I refuse to arbitrarily deny representation to a fellow Vietnam or Thailand Vet when it comes to Hep C. I was there. I contracted it, too. It almost killed me by 2006. I told him to go ahead and file knowing full well he’d get denied. We obtained an IMO from one of my doctors for free due to his being indigent. It sank like a rock. We filed the NOD and got another "No". After filing the VA 9, we obtained an IMO from a good hepatologist but that was not going to be the winning ticket. I asked for a Travel Board hearing in Oakland so I could present my Vet and his lay testimony in person.
We had the hearing March 28th, 2019 at the Oakland Puzzle Palace. The Judge, Matthew Blackwelder, wasn’t very receptive to a grant until he read the IMO while we were sitting there in front of him. He mused and said it was indeed an interesting case.
The funny thing about jetgun cases is you could never win them at the local Fort Fumble under the old Legacy system. They’d refuse to grant even if you had a buddy letter from Jesus Christ himself. This one was really no different. We had nothing but lay testimony and some eyeglass prescription records that didn’t say much  which was really nothing useful. Worse, he’d had an STD which wasn’t in the STRs because they were AWOL. When all you have is lemons, make lemonade.
But...an STD like Gonorrhea leaves antibodies forever. I suggested we hold the record open for 90 days to obtain a blood test showing the presence of same. The Judge said “No need to. I have enough here to make a decision.”  I was worried. I took that to mean we had a better chance of winning the Powerball Lotto. I was positive I was going to be arguing this one at the CAVC. We won Wednesday.
Of all my wins, this is by far the best. It’s the only one I’ve ever won solely on the strength of the Veteran’s lay testimony . Don’t get me wrong. The IMO was very instrumental in the win but I doubt we would have prevailed without a face-to-face hearing. A picture may be worth a thousand words but a Travel Board hearing is worth a thousand pictures.     
Steve BVA Win redacted.pdf

This is the shadiest crap I have heard of, I would be flipping my SH#$ honestly.   I would not be filing an appeal, what I did was wait for my brown envelope and then I wrote very detailed concise emails to every high up person in the VA including documentation how that sc condition had not in fact improved according to all my VA records and voila and email response within days and RO response in less than 2 weeks stopping my reduction and reopening all my other crap, oh and an apology.  askholes trying to get away with stuff outside regulations, and they KNOW IT.  I also had another cp exam for a condition I was seem for while AD and they examiner wrote it all up as if it were going to be rated at the 60% rating how terrible it was, would even impact my ability to work........then said it was from having too many kids??? Except I did complain about it while AD and it was before I had my first child and I did have two children while AD which doesn't matter anyway.   That was also granted in that same letter from the RO, so my 70 IU PT proposal to reduce to 60% then went to 90% IU PT with deferred issues.........I then went to 100% with SMCs all from the same claim.  Amazing what happens when you don't roll over! 

@seminoles is correct. Reducing a rating is a very specific process and must be followed.
There are specific timing issues with a reduction in rating and you need to follow them to avoid problems.
The other questions are on point
are/were any of your ratings in place for more than 5 years? 10 years? 20 years?
are you over 55?
did you receive a letter "proposing" a reduction in rating? did it include your options to appeal that reduction?
You need to file for a new C-File immediately.
You need to start gathering evidence for your appeal
As for the notes. you will have to include in your C-file request a specific demand for that notes. They may try to avoid doing that, and if they do that is more evidence in your appeal. Make this request ASAP.
you NEED to challenge the Dr's credentials in your appeal. This preserves that challenge for future potential legal claims in higher courts and MUST be raised at the first possible moment which is your first appeal. Make no mistake, this is not hyperbole. You legally lose the right to raise that issue later if you don't claim it NOW.
What you are experiencing is the underlying reasoning over why VSO's are known to try and discourage vets from filing appeals or increases once they have been rated. Their famous don't rock the boat statements.
When you apply for anything, you open your entire claims file for review, even if you are 100% P&T.
This new review could, in theory, uncover older errors is granting awards. The application of this and our (the vets) perception is that this is punitive on the part of the VA.
There is a rule in the VA Manuals, and I don't know it off the top of my head, that amounts to saying that if one rating is reduced, but others are increased and the net value is the same amount of pay/rating to the veteran then no actual harm is incurred. That is false and needs to be challenged on grounds of it being a presumption not a  reality. Our ratings are cumulative in nature and conditions tend to get worse with age not better. 
There is even a possible Constitutional Property Right claim to your existing rating and future rating potential. Even though some might see this as a stretch, it is one I would make in a case of reduction of rating in conjunction with your other paths of attack. IMO raising at the lowest possible level is just another opportunity for the VA to make more errors which the board or higher courts would have to address on further appeal.
read these
https://www.bva.va.gov/docs/VLR_VOL3/4-DeutschAndBurriesci-DueProcessInTheWakePages220-262.pdf
https://www.veteranslawblog.org/grading-the-bva-on-constitutional-due-process/
There is a case that modifies the application of Due Process to Veterans. I don't remember if it is Cushman or one after Cushman. But it is effect says that Vets do have a Property Right to their SC but it only attaches after the SC has been granted. The first case just said we had a blanket Property Right to SC which implied that we had that right even before SC was granted.
Keep us informed and post the letters or orders they issue so we can help where possible.

I would think twice about using the Vet Comp & Pen company.  You can do just as well by yourself usually.  If it comes to the point were you need a lawyer this company may only complicate things.  Since you have a doctor who is willing to help you appeal to the BVA with an IMO.  Usually when the board has a strong IMO and a weak C&P they can award.  That is what I did for one of my conditions.  If you are denied at the supplemental or HLR with an IMO it makes it harder to go to the BVA and ask for a reversal is why I recommending going to the BVA.  I am not sure but someone will correct me if I am wrong but I believe you can keep your current level if you are appealing.

A random C&P that you missed is cause for reduction.  Appeal this now and try to reverse the reduction.  File an appeal, do not reopen or you lose your effective date.  Yes, at this point they are playing hardball and I would try for an increase on your migraines and anything else that has changed.  As far as being tissue, I feel more like I was flushed when I was retired.  I retired after eight years but was given a general discharge at first and had to fight for retirement.
Do not let them get away with the decrease.  Appeal up the chain if necessary.

I would get a copy of all those exams,  file for any another increases and any other new conditions you haven't filed for in the past.  Also,  were any of those conditions you were proposed a reduction for "protected" because they were over a certain number of years old, in that, they need to show marked improvement over time?  The St. Pete RO pulled this on me, when I filed for A&A and had the nerve to go by the CP exam given by a quack GP contracted who spent less than 5 minutes with me for two conditions!! after my neuro filled out the paperwork for A&A,  I freaked.  It would have dropped my rating below 70% losing my IU PT, with kids in college using Chapter 35.  I was LIVID.  I had held that rating for 10years and it was documented very thoroughly in my VA records, anyway I said screw that and filed for every single thing I have never filed for before, I went from 70% IU PT to 100% schedular with SMCs after a year of so much stress and grief.  I was sent an actual apology but only because I raised hell. 

Your C&P report should be completed within a month.  As for getting your report write to the examiner and request a report if you have a contact.  Otherwise you must get it from the VA and you might not get it until after your decision.  Hang in there.