Tayi

Pete53, Ricky, TSSnave, thank you for your replies. I'll see if I can answer some of the questions that you asked. The reason my decision papers gave for denying IU was: "Although the evidence of record shows that your service-connected disabilities affect your employability, you fail to meet the schedular requirements. You do not have a single disability ratable at 60 percent or a combined rating of 70 percent with one of your disabilities being independently ratable at 40 percent. Therefore, we have denied entitlement to IU benefits." I don't have a disability independently ratable at 40 percent because they lowered my fibromyalgia rating from 40% to 20% based on the false statements reported by the C&P doctor. I thought about contacting a veterans' advocate or something, but I wasn't sure that would be very helpful. I first filed my claim through a veterans' advocate and all the guy did was type up the documents instead of handwrite them, have me sign them, and then fax them instead of mail them. It didn't seem to be all that useful. Maybe in a more complicated situation like this, they would be able to help though? I don't know. I'm actually working on getting in to see another doctor to try to get some sort of paper record to refute this guy, but I just moved from the west coast to St Louis, and getting into the system has been a huge hassle. I do have an appointment with a rheumatologist in about a month, so I'll see if I can work with that. The thing is, though, I've seen several doctors previously, within the VA system, and my records with them supported my claim when I first filed it. I made sure the VA had all my Voc Rehab records too, and it even looks like they looked at them. I mean, they admitted that my record shows that my service connected disabilities prevent me from working. They just admitted it, and then refused me IU. As far as Social Security, they have all my Voc Rehab records and my VA medical records, and I had an exam with one of their doctors. They've been working on it about 4 months now, so I don't really expect to hear from them soon. Plus I've heard that they don't like to approve fibromyalgia claims, so I'm trying not to get my hopes up for a favorable decision. Thanks so much for the suggestions y'all have given, I really appreciate it. Looks like I need to do some searching on NODs and appeals.

Hi, I'm new here, and I want to apologize if this has been addressed somewhere already- I searched but couldn't find anything. I have a problem that I hope someone here may know what to do about. A little background history: I served in the Army from 2003 to 2005 when I was medically discharged for a chronic pain syndrome. I applied for disability and was found 40% disabled for fibromyalgia (which if you don't know is a pain thing like arthritis, only not in your bones, it's in your muscles and ligaments). I also have 30% for depression and 10% for GERD/IBS. Earlier this year, I worked with VA Voc Rehab to try to get a job, and they found that I was not employable because of my health. After they gave up on me, I went to Oregon State Voc Rehab, and they tried some different things, but in the end they also concluded that I was not employable because of my health and reccommended that I apply for Social Security. I applied for SSDI and at the same time I applied for Individual Unemployability because of my fibromyalgia. I had my C & P exams in the middle of September, and I got my decision really quickly, about a week ago. I wasn't even able to get a copy of the exam results until today. The VA decided that not only was my fibromyalgia not so disabling that I can't be employed, they reduced my disability percentage from 40% to 20% based on the C & P doctor's report. I kind of freaked out when I read that, but I freaked out even more today when I read what the doctor had actually written. In several key areas, this doctor recorded things about my condition that are completely false. I don't want to say he was lying; he seemed like a nice man; but this record says that I said things that I never said, and says that I didn't say things that I did say. For example, he wrote that I reported no pain in my lower extremities. What I actually told him? The pain in my lower extremities is so severe that it limits me from standing or walking, and I get stabbing nerve-damage-pain down my legs to my feet at random (frequent) intervals. He wrote that I reported no incapacitating eposides because of pain symptoms in my lower back/ lumbar spine area. What I actually reported was that I went through a month long work trial program with the State of Oregon Voc Rehab and every single day the pain in my back was so bad that it prevented me from performing either some or all of the tasks I was supposed to do, including 4-5 days (in a single month) when I couldn't even get out of bed. He listed a bunch of tender points that I supposedly reported didn't hurt (fibromyalgia is diagnosed by the presence of pain at 18 specific tender points all over the body). I reported that they did hurt. He wrote that my symptoms are intermittent and occasional; it's been four straight years now that I've been in pain without a single break. It goes on; I would say maybe 75% of his report is completely false. It's like he examined an entirely different person. What do I do now? Is my only option to appeal? Do I just send in a letter that says, "I appeal," and wait for another exam and hope that this time the doctor doesn't lie about me on paper? Should I try to hunt down opinions from other doctors that say that I do in fact have pretty severe symptoms, and try to put to together a whole case proving my side of the story? Would they even read it if I did? As far as this doctor engaging in what I think is fairly unethical behavior, is there some process whereby I can alert the VA so more people don't have to deal with this guy? Is there some way to get, I don't know, an addendum added to my medical records that says that I vehemently disagree with his statements? Thanks for any advice you have, I really appreciate it. Tayi