[CUE (NO WAY!)]

@Berta,  @broncovet and @asknod:

I truly from the bottom of my heart appreciate your replies and invaluable input!

Thank you!

[CUE (NO WAY!)]

6 hours ago, broncovet said:

What did the employee who called telling you the claim is closed tell you to do?  Did they say they are reopening it? 

  VA stated:

-They have several requests for C&P exams (for the aforementioned conditions)

-Does not understand the requests because they are not attached to a open claim. (The VA literally went through my records as I was on the phone).

-Verified that the March 2020 decision remains closed.

-Asked me to call at the end of this week and check if they have reopened the March 2020 decision.

 

 

6 hours ago, broncovet said:

Apparently they did reopen it, and schedule you for an exam.  

No, Sir!  Just scheduled the exam and I have received a call from QTC automatic voice  and a text message today indicating they have scheduled an exam for me.  No details just day and time.

 

6 hours ago, broncovet said:

Somebody" was looking out for you!  I have an idea who that was, and you probably do, too!

(You know!)

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1 hour ago, broncovet said:

va.gov/  Ebenefits, which you relied upon to say it was "closed", is unreliable

I received an actual phone call from the VA. I never looked on the VA.gov or ebenefit on the internet

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On 3/15/2020 at 11:23 AM, broncovet said:

sounds like you posted this doctor passed,

My doctor from the 90's not my current doctor.

+++++++++

@Berta @broncovet

UPDATE 3/16/20

(My claim is still closed)

I received a call from the VA earlier stating as of today they have requested the following exams.

-PTSD -TBI -General exam -Dental and 3 other conditions.

Question I asked Peggy was how are these being ordered when my claim is closed. Peggy was just as bewildered as me. Peggy said that I should receive calls as to when the appointments will be scheduled.  Peggy stated that my claim is still closed.

 

HELP please.

 

 

 

[CUE (NO WAY!)]

6 minutes ago, broncovet said:

he may show them to you, to see if those 1990's  mri's are there.

This is confirmed the VA does have them. Just not listed as evidence.

I could just resend the 90's document as well, like I resent the Line of Duty that was already in their possession.

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5 minutes ago, broncovet said:

VA exam did not disclose those records were not available.

Correct!

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52 minutes ago, broncovet said:

VA has never sent you a written notice denying your challenge to the examiner, a violation of 38 CFR 3.103 (read it).  

That is correct.  They have only sent the decision in March 2020 from my supplemental form that they received at the end of January 2020 with my LOD(resent) and new and relevant evidence IME from my private physician.

I will read the 38 CFR 3.103

 

How do I apply and let them know about  it once I read it? 

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1 hour ago, Berta said:

I think the decision listed the LOD as Evidence, but did not consider it at all.

That is correct. The reveiwer downplayed the line of duty injury that's in my c-file in the March 2020 decision that I listed here.

I resent it with the January 2020 IME and supplemental form from the Jan 2020 decision. (I found out by Peggy that this January 2020 decision was pointing back to a 2016 decision) 

So, as it stands now my 2019 private physician's DBQ'S and X-ray diagnosis reports are in my c-file and the VA hasn't included it in their January 2020 or March 2020 decisions. 

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13 hours ago, broncovet said:

Berta and I both reading your decision and guiding you, the VA doesnt have a chance!

Thank you, more than you know! I was thinking that I was hitting a brick wall with and decided to reach out instead.

13 hours ago, broncovet said:

even be able to get those 1990's MRI's and show them to your doctor

These are records from the imaging diagnostic location who performed the MRI"s and X-RAYS back then. It list my specific lumbars and spine, my private doctors who ordered them, and the dates they were completed.  However, the diagnosis and actual reports have been destroyed and the doctor is deceased.  My doctor wanted to do back surgery on me at that time from the results of the x-rays and MRIs but, I declined because I thought I was to young for back surgery.

13 hours ago, broncovet said:

do you mean they did not list those as "evidence" on the evidence page of the decision?

That is correct. The evidence listed was from 2009-2010. VA changed the date to make it appear that the evidence was just received in the last few years.

14 hours ago, broncovet said:

VA "changing the dates" is a concern.  Do you mean they changed the dates "received" of your evidence, or they changed the dates of the evidence?

Yes, this is concerning. This is why I have reached out.  I  had to rescind the DAV that was  "helping" with my claim.  Just a few days ago one of the VSO that I reached out to when I noticed that my evidence wasn't listed or consider, stated if the VA had integrity, she would be out of of job (I'm not kidding, this is what she stated). The next day I faxed to Peggy and emailed to the DAV that requested effective immediately that I rescind and revoke the POA with that DAV.  I also US mailed return receipt to Peggy and regular US mailed it to DAV.

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13 hours ago, broncovet said:

1.  "based on a thorough review".  I did not read the VA doc's opinion, but they often use the phrase "I thoroughly reviewed the Veterans records".  Is that what your VA doc said?  If this is the case, then its possible the VA doc "did a more thorough job" reviewing your records, noting that YOUR private physician noted that the 91, 92, and 93 MRI's were not available.  That (your 91,  92, and 93 MRI's being unavailable) may hurt you, BUT were those records available to your VA doc, and did he review them? 

@broncovetActually, I was able to get a copy of the C&P Intestinal Conditions DBQ exam and comments and it doesn't have any box checked that the VES (VA) PA read any files only that it was conducted "in person." I contested this exam and the VA ingored my request for a new C&P exam.

The other C&P Exam DBQ was by QTC(VA) NPR.  She was asking about a condition that I didn't have about my nexk the entire time and took ROM, however.  I brought copies of listing of my MRI's and X-ray from 91,93,96 as well as my private physician IME letter and a few other documents that should have been in my c-file.  The QTC NPR (VA) reviewed all the documents and stated that the VA never sent these over to her and she didn't have them for review from the VA. She  never handed the documents back to me  to me but, kept them all. It was about 5 pages of documents that I gave her. (I contested this C&P exam too because all she wanted to talk about is an erroneous "neck" condition. I said the questionnaire that QTC sent to me was correct for my disabilities in my lower back and intestinal conditions.)

13 hours ago, broncovet said:

VA can not substitute their own unsubstantiate opinion for that of a competent medical professional, YET they "decided" Dr. VA was smarter than Doc Private practice. 

Yes, a QTC RN and VES PA.

My private physician actually examined me, ordered a MRI & CT Scan and reviewed a more thorough record of my military (which as of today consist of approximately 5 pieces of documents) and personal medical history.

Keep in mind that the VA has acknowledged that my military STR's and files are (lost) unavailable. (this is listed in the evidence). I have a sworn statement about my military records that are lost and also that 2 of my earlier private doctor has since passed away and all records were destroyed (Again the VA has documents on all of this and it's in my c-file)

13 hours ago, broncovet said:

VA is supossed to give you the benefit of the doubt, and they did not say why they did not do that!!!

Correct, you are!

I had episodes lasting more than 6 weeks last year and other private physician completed x-rays and DBQ's that the VA has in my c-file but didn't list it in the decision, neither is it listed as evidence.  However, when I called Peggy, she said that it is in my file.

[CUE (NO WAY!)]

3 hours ago, Berta said:

LOD, do you mean Line of duty injury evidence?

By SPR do you mean Service personnel Records

Correct. The only Service Personnel Records are Dd214 and a faded 1 side of copy of my enlistment.

I never went to a VA Medical Center.

My C&P's exams by QTC(NPR) and VES (1 Trauma Doctor 1 PA)contractor

3 hours ago, Berta said:

But all of that has dates missing

IME: All dates were listed. I left them off here.

 

VARO didn't list all my dates or changed the dates  & evidence 

3 hours ago, Berta said:

Where did he obtain that information to review? Was it in the LOD or SPRs?

Yes, the same information that the VA has.

 

3 hours ago, Berta said:

Can you post the 2010 decision?

Have you applied for SSA(SSDI) since filing your claim- the SSA obtains all STRs  and they might still have them.

I received a decision  Janaury 2020 which didn't include my new and relevant evidence from supplemental claim September 2019. They based the January 2020 decision from a decision that was 2016.

No, I haven't applied to SSA.

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3 hours ago, Berta said:

I am not familiar with that photo program and cannot zoom it larger to read  it better - will keep trying....

@Berta

I have submitted a statement regarding my entire military file records that are lost with the exception of a faded side of my enlistment copy, DD214 and 2 other pieces (thank God it was an lod and a my private doctor that I had seen after my first injury) 

The VARO omitted my previous x-rays and mri's that were completed years ago that are in my cfile and changed dates on the evidence that were submitted with my original application in 2009 to reflect a more current date in 2014 and 2016 (Can they do that).  I still have all my original copies from my 2010 decision that stated i was only missing my diagnoses.  

March 5, 2020

REASON FOR DECISION:

Service connection for abdomen condition/pain

A claimant may file a supplemental claim....and in support of your claim...

"While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. (38 CFR 3.303)

We did not find a link between your medical condition and military service.

The VA medical opinion found no link between your diagnosed medical condition and military service. The VA Examiner's rationale was: The Veterans service treatment were silent for any intestinal complaints or diagnoses. the Veterans service treatment records show evidence for injury to the left side of abdomen, but the file is silent for any additional complaints regarding the abdomen. the Veteran's private medical records from Dr.__shows a diagnosis of IBS which is post separation from the military. Therefore, it is the opinion of this reviewer that the Veteran's IBS is less likely than not (less than 50% probability) incurred in or caused by the injury or complaints during the service.

The medical opinion we received from the VA Medical Center was  more persuasive than your private physician's opinion because it was based on a thorough review of your relevant military and/or personal history and contained a more convincing rationale (38 CFR 4.6)

FAVORABLE FINDINGS IDENTIFIED IN THIS DECISION:

You have been diagnosed with a disability. You have been diagnosed with irritable bowel syndrome."

Service connection for slipped disc and low back pain

 A claimant may file a supplemental claim....and in support of your claim...

"We did not find a link between your medical condition and military service

The VA medical opinion found no link between your diagnosed medical condition and military service. The VA examiner's rationale was: The Veteran's service treatment records were silent for any injuries, falls, or complaints of the back. The Veteran's medical records from 9/2011 shows evidence for back pain s/p assault and also medical records from 1/2013 show that she was involved in an auto accident causing back pain resulting in a lumbar strain. Therefore, it is the opinion of this reviewer that the Veteran's slipped disc and low back pain are less likely than not (<50% probability) incurred in or caused by the falls, injury, or complaints during service.

The medical opinion we received from the VA Medical Center was more persuasive than your private physician's opinion because it was based on a thorough review of your relevant military and/or personal history and contained a more convincing rationale. (38 CFR 4.6)

FAVORABLE FINDINGS IDENTIFIED IN THIS DECISION:

You have been diagnosed with a disability. You have been diagnosed with lumbosacral strain and degenerative arthritis of the spine.

Degenerative arthritis of the spine is a chronic disease which may be presumptively  linked to your military service.

You have sufficient service to meet the minimum requirements for presumptive service connection."

REFERENCES:

TITLE 38......

EVIDENCE:

SPR, LOD , Form 21-256 received August 2009, VA 21-526EZ, VA 21-4138 (relating to 2009 non addressed issued), Lay evidence MO Unavailability of STR, VA letter concerning your claim, Rating decisions (3), RTR, VA 20-0995 (2) Timeline of events VA 21-4138 Statement of support, Sworn statement from veteran, VA DBQ (Back (Thoracolumbar  spine) condition from QTC,  VA DBQ's Back (Thoracolumbar Spine) condition and Intestinal Conditions from VES, No relevant treatment records from any VA Medical Center available for review, Private medical opinion SN (I was told that the VARO placed this in the STR category instead of the Doctor's category)

IME:

January 2020

To whom it may concern:

I am Dr. __, M.D. Board Certified in Family Medicine. My credentials are included. I have been asked to write a statement in support of the aforementioned veteran's claim.

I have personally reviewed ___medical history.  She brought for my review a lumbar x-ray report from 5/19. She also had a listing of MRI imaging 91',93', & 96' but those reports were not available. I have also reviewed and noted the circumstances and events of her military service which include a fall during___resulting in back and abdominal pain as well as re-injury. First injury__ Second injury__         Military Service 1986-1994.

(Veteran) was under my care during_____ She re-established____. 

I am familiar with her history and examined (Veteran) while she has been under my care. She has had a CT scan of the abdomen and pelvis and MRI of the lumbar spine done January 2020. The current MRI and CT scan confirms degenerative disc disease and arthritis of lumbar spine and show no intraabdominal pathology that would cause her pain. Arthritic conditions and DDD would cause low back pain in this area and radicular pain to the abdomen and leg. Chronic stress from painful conditions and life circumstances also can precipitate irritable bowel syndrome. 

(Veteran) has no other known risk factors that may have precipitated her current condition.

Her current diagnoses are:

Myofascial pain of abdominal wall [R10.31, M70.18]  Osteoarthritis of lumbar spine with Degenerative dis disease [M51.36, M47.816]  Irritable bowel syndrome with both constipation and diarrihea [K58.2]

After review of her current imaging, pertinent records, taking her medical history and conducting a physical examination it is my professional opinion that it is highly likely that (Veteran) current condition is a direct result of her (injuries) during military service. Sincerely, Dr.___

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On 3/13/2020 at 7:37 AM, Berta said:

Can you scan and attach the decision here, with the Evidence list,

and a copy of the IMO/IME?

Thank you @Berta for sharing your stories and @broncovet for your replies, truly appreciate it!

I had much difficulties on scanning and posting, so I hope this link works.

I have submitted a statement regarding all my military records have been lost with the of 3 pieces(dd214, lod, and a private doctors slip). 

The VARO omitted my previous x-rays and mri's that are in my cfile and changed dates on the evidence to reflect a much later date than what was originally received by the VA(not sure if they could do that as well).

 

My initial application was 2009 

Thank you

[CUE (NO WAY!)]

Hello Everyone:

I found this site a few months ago and have been reading.  I finally bit the bullet to sign on.

I would like to ask @Berta and @broncovet if VARO from the VA Regional Office could give medical opinions in the decision letters?

 

I received a decision letter that specifically stated, "The Veteran's private medical records from Dr. (name) shows a diagnosis of (disability) dated (date) "Therefore, it is the opinion of this reviewer that the Veterans (disability) is less likely than not (less than 50% probability) incurred in or caused by the injury or complaints during the service."

The nexus from the Dr. was more than likely.

Please I would appreciate any help with understanding this from the VARO stating the medical opinion.

Thank you in advance!