wood78221

This isnt shocking. Something similar happened to me earlier this year. I filed for an increase, had an idiot for an examiner, didnt even write in the report half of what I said...got reduced from 50 to 30. I got the exam, filed a supplemental stating that he actually did lie on the report and wanted another exam. In the mean time, I went to my doctor (psych) at the VA and she put the CFR verbatim for 70 percent in my medical records. I have another exam, it went great, and I am now 100 PT and didn't even apply for it. Finally, justice.

So I had a DRO call me today about a pending HLR, CFS-Fibro, and we spoke about this claim. She said the "tie goes to the runner" statute should go to me in this mental claim. I am hoping it does.

I was originally thinking they were going to send it back to the QTC examiner (2nd examiner) because he didn't provide a medical opinion just "grade" the severity. The VES examiner just said the same thing over in his follow up request from the VBA.

Thank you for the detailed response. The issue I take with my exam from May was the fact that I had 2 pages of notes of stuff I wanted to discuss and he left most of those "things" out of the report to the VBA. He also mentioned that I said everything was "going okay" at work...this was a lie, I never said that. I ended up filing a complaint with the contractor against him. The rep that called me from the contractor said he could of gotten me another exam but the claim closed so quick it was too late. When I filed the supplemental I basically laid out all this stuff in writing. This examiner's incompetence cost me my rating. If he would of even GLANCED at any of my treatment records he would of seen more evidence that would maintained or even raised my rating. Its frustrating. The suspense date is set for today on the claim so maybe I will know something soon.

Is it possible that the “tie goes to the runner” could go into place here?

May-1. Filed for increase on mental health condition (Depression 2nd to Tinnitus)2. VES exam, didnt go well, got reduced. Examiner said I had another condition, it wasn't service related, etc, etc. July-3. Filed a supplemental with a DBQ from a private psychologist (looked like 50-70 percent)August-4. New exam from QTC, went well, probably around 70 percent 5. VSO told me a few weeks ago they sent it back to examiner for medical opinion. I know the QTC examiner had mentioned that they did not ask for one in which he thought was odd during my exam in August. September- 6. VSO told me today that they sent it back to the VES examiner from May, and the examiner basically regurgitated the same thing he already said. He already provided a medical opinion previously in May. Examiner said I had OCD (never been diagnosed by anyone in 5 years). I am confused to why they sent it back to the VES examiner and not my most recent examiner? Could this be a mistake? Thanks. Not sure how this will pan out.

I filed a increase for depression and had a completely jacked up exam by some asshead about 2 months ago. He left out tons of stuff I said (i had notes and filed complaint with VES because he lied on the exam) and even went a step further to say I shouldn't be service connected. I got reduced 50 to 30, filed a supplemental with a DBQ from a private provider, just had another CP exam, went well. Should have me at 70 if things go right (not that I have faith in the VBA).

We will see what happens. Originally when I got denied the first time for PTSD they said I didn't meet DSM5. I filed new evidence from my doc saying I meet DSM5 and they gave me another exam, which led to me being SC for Depression 2nd to tinnitus (they went with VA CP medical opinion).

The DBQ my doc filled out actually stated also that I meet DSM5 for PTSD. I am wondering would that actually award it from that? However, my original claim was over a year old for PTSD. I might not even be able to file for PTSD anymore. Thanks

I had 2 PhD's saying I met DSM5 PTSD and they wouldn't give it to me for my initial claim (verified stressor also). Oh well. I'll respond in a few weeks and let you know how this supplemental goes.

If the reduction doesn't change the overall rating, you are not entitled to that 60 day period. In my case, it did not effect my payments. However, I filed for PTSD originally and ended up with Depression 2nd to Tinnitus. I filed an increased and I really don't even think the examiner or maybe even the rater looked at my treatment records. So many things were left out that could of raised my rating. I keep hearing that medical records hold a lot of weight..however in my experience with the VBA, they don't mean much. That is my experience. CP exam is 99 percent. My VSO only said to hammer home depression and nothing else.

Hello everyone, So my story is that I filed for an increase, ended up getting reduced from 50 to 30. Overall rating wasn't effected. I filed a supplemental with a DBQ from my private doctor so now I have an upcoming CP exam with QTC. I have read that some people on the forums say " tell them about all your mental health issues (PTSD, anxiety, etc..). However, I am only S/C for depression secondary to tinnitus. So should I just only talk about depression? For my last exam in May I elaborated on all my mental health issues and it got me reduced. Thanks

I’ve sent all my private medical records to the VA a few days ago. But the kicker is the diagnosis outside the VA doesn’t matter. It’s a diagnosis.

Yes the Fibro and foot increase was in person. Interesting enough, the feet increase DBQ was enough for them to give me an increase without an exam?

Looking for opinions on this one. I applied for CFS/Fibro presumptively and was denied (Shocker I know). This letter is so comical. Basically they are denying me for not being diagnosed at the VA? They also mention the conditions are not chronic but I have sent them private treatment records that were treatment records for 10 months? I attached it for review. What is interesting is how can I be connected for IBS presumptively and not this? I have a diagnosis for all these conditions. Obviously, I am going to submit the claim for an HLR. They beat around the bush but never mentioned I DONT have a diagnosis. Thoughts?Mail_Redacted.pdf

I reached out to my VSO and the claim is now in the Prep for notification. They denied my sinusitis and rhinitis but approved IBS at 30 percent. So my end result was Migraines- 50 Dizziness- Denied IBS- 30 ED- SMC-K Rhinitis/Sinus-Denied So I will file for a HLR on the sinus/rhinitis because i already have a positive medical opinion from the Ellis Clinic. I am now 90 percent from 60 after this claim. End game, was it worth the trip up there, plus 500 dollars for exam, and 110 for the hotel room over night? HELL YES.

SOOO. I filed the CUE during my claim and called the hotline making a complaint. WOW, that really worked. They approve an NOD on a separate issue in 30 days. They called me from the VA in Columbia, SC and told me that the office in Waco, Texas is working on my claim now. I spoke to a Congressional Liaison on the phone and explained my CUE wasn't for me NOD but for my current claim. They thought it was for the NOD. So he was going to relay that info to whomever he needs to. Either way, the NOD was worked out in my favor, really fast.

Claim is still pending. CP exam was on May 7. Standing by.

Yeah I hope I don’t have to file an NOD. Surely a DRO would approve before an appeal. Someone needs to file a lawsuit. How the hell does this go on?

She said it was natural progression of the condition and not aggravated by burn pits(rhinitis and sinusitis). Ellis says otherwise.

His credentials are on his exam that you get. Front page

My CP exams for sinusitis, rhinitis, and IBS uploaded today into Blue Button. The Nurse practitioner found me favorable for IBS, but sinusitis and rhinitis "not favorable". I guess we will see how the Ellis IMO holds up to this.

Ok, called the WH hotline and that was way easier than going through IRIS. I’ll sit back and wait now.

I finally got it faxed over. I had technical problems with the IRIS site filing a complaint. I am not sure how to find out if it actually went through when I tried to send the complaint in.

I just tried to fax it but it was busy. Shocker. I will try again