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ruby

Senior Chief Petty Officer
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Posts posted by ruby

  1. They are still working on the 75 and up.  If they have left over in the late afternoon they offer to anyone.  I was offered and declined but have decided after I researched >65 yrs at high risk I think it’s as safe as I can expect it’s the Moderna in Tampa.   
     

    They actually walked around the clinic looking for people to take the vaccine, they had 5 doses left over.

    I believe they are giving it at all VA’s they did announce they are working on 75+.  I didn’t know about it until I went to my clinic today that they are giving left over vaccine to anyone.  I asked my primary too about getting it via pm she never said anything about left over vaccine going to anyone so they don’t have to waste it.

    worth a try to investigate if yours is doing the same.

  2. I ask my Psych doctor who said my sleep apnea is probably due to my  PTSD but will not write it.  She won’t buck the system its not her job to make those decision.  And I probably won’t get it since the VA doesn’t recognize the connection.  The sleep apnea doctors said your fat that’s the cause and yes he said that however I wasn’t fat when I was dx.  I chose not to challenge him at this time but I will.

    Someone I know gave me the name of a specialist to get an IMO.

  3. I haven’t a clue what you can do but I would file a letter in your file that the examiner stated they would hospitalize you if you admitted you have had suicidal  thoughts in the past . I would call your psy doc or your mental health professional get an appt and have them put it in your file you were afraid of beIng hospitalized so you said no never.

    i have those thoughts all the time and I do have a plan and it’s all documented in my file.  But I’m not suicidal at my psy visit  just severely depressed at times and I have a pact that I will call her first before I execute my plan and I will.

    I believe I was asked if I was currently suicidal in my C&P.  I would get it corrected immediately.  I’d file addition evidence titled statement of correction saying that your understanding from what she said you would be hospitalized if you admitted to suicidal thought within the past 3 yrs.  

    I don’t think the patient advocate can help.  Go to medical records and tell them you want have a statement put in your records.  Get a copy when it’s done and send to VARO or your VSO

    im sure it’s documented in your records you have these thoughts and now your saying no basically you lied.

    Get it corrected!

     

  4. Deebbud,

    the section your looking for 3.159 (5/08) duty to assist.

    1. Competent. Medical evidence means evidence provided by a person who is qualified through education, training or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in MEDICAL TREATISE. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses

    i always wrote see section etc. duty to assist then I would type that section, number, it as evidence and provided a copy.  I did this because no one could say oh I didn’t know, if it went to the highest court every piece of evidence would be in my file to support my claim.

     

  5. Would like to think I worded  my case properly and throw everything at them. There wasn’t a medical treatise or a medical opinion that I didn’t have.  They imos were from world renown physicians.(I was lucky).  I think any time you can prove your drs, IMO have more knowledge then time at any level the VA examiner has it’s a win.  Your 100 years or expertise far out cedes the va 10 yr examiners base knowledge-significant

    theyre  refuseal to accept the info to make them knoledgeable showed disdain /laziness for the vetereran. Nor would he read the medical treatise. I had at least fifty article or cases and the rules that applied to the eveidence ,such duty to assist. The DRO read my case @nd I won.  He only kind of understood but enough to figure I made my case.  

    i took the denial apart word by word.always demand a hearing in person.

    good to anyone appealing.

    Ruby

     

     

     

  6. They ignored my VA doctored and private MDs IMOs unti it went to the DRO but I also stated in my appeal that my medical va doctors and private IMOs  experience equaled 150yrs of experience to 1 DO with 15 yrs.  Plus I included every rule or regs that applied to a equal or greater than evidence.  I also complained that the examiner was not aware of my condition and refused to accept additional medical treatise to education himself on my condition or review the IMO or VA specialist statements.

    complain about it being the same examiner (np) who has less knowledge and expertise then a specialist.  Put in in writing!

  7. If he  just applied for kidney disease they would deny at the RO level.I haven’t researched this but I’m sure there are plenty in the BVA.  

    If he applied for kidney diseases as a primary  and didn’t specifically state secondary to medications prescribed to me by the VA for my Sc back problems.  Motrin 600 mg as evidenced by my SMRs then attach those pages the ro will deny.

    I would fight the decision, then I would attach any BVA cases related to Motrin and kidneys first then I would attach medical  literature to support.  Any medical articles that state Motrin is a known or has been shown to cause kidney damage is evidence that can be used to support.  The RO will deny but a good DRO will look at the articles.  It happened in one of my claims.  I inundated them with case law, BVA decisions, Rules and Regs and medical articles.  I was denied at the RO level but approved at the DRO. Had it gone to the BVA I would have had more then enough evidence to win.  My condition was not in the VA conditions ( can’t think of the CFR section). I was awarded additional secondary conditions at the same time related to this condition.

    granted I had mds state more likely then not, the RO denied because the VA examiner didn’t look at anything just a basic denial. The DRO needed the medical articles to under the secondary conditions.

    all my literature I attached said that people with this condition are known to have etc.  the DRO said it’s similar to an auto immune disease and I said kind of.
     

     

     

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