hp1030

Hello and health to all: I recently received my determination with approval of my disability benefits. The month of December as instructed by a SS tech, I filed a letter with SS to get rid of my attorney. To my surprise they still paid her!!!!! $5000.00!!!!! How do I fight his, My attorney did almost nothing to help my case. My sons did all the work. Looking forward to your help. P

Thank you very much Carlie.Just read the regs. Very useful.

Just to clarify, Please. Is it true that all active duty personnel stationed and submitted to this deadly water at Camp Lejeune are prevented and excluded to claim due to the Feres V. US doctrine?? That seems to be the answer to my claim on a Form 95, The Department of the Navy sent me March 2007. Basically the answer was a "We deduct You were on active duty, Sorry" If you were not we need more info.

I would like, as I think many others,to see this regulation in regards to the rules governing a change of diagnosis. I think I might need to use it very soon.

I am a battle seasoned hospital corpsman and special warfare operator. I just saw the youtube video on Camp Lejeune, I have cried my eyes out in compassion and empathy with this gunny and his family. My prayers and deepest sympathy to him and all proud veterans affected. We can not allow this to continue. We have been to hell once too many times and continue to pay a very high price.

Very well. Willco.

Rock: I contacted this firm on January 2007, to this date I have no response from them. Not even a Phone mssg. I've included copy of the letter sent to them with a signed form 95. Thanks for the accurate info. I will keep trying. HP January_17_Carta_Abogados_watersurvivors.doc

No improvement at all, the condition continues to worsen.

I submitted a claim to the federal tort claim litigation on a Standard form 95 January of 2007, Since, they have answered and in essence they told me that since I was on active duty at the time I could not claim. they cited Feres v.US, 340 US 135 (1940. Any advice? Thanks in advance.

Can a VA doctor on a C&P evaluation change the diagnosis, of a previously rated skin condition? The same condition he underrated on a previous evaluation? I've had a diagnosis of Mycosis Fungoides-Ecxematous Dermatitis rated at 50 % over 12 year, this Doctor deduced it to 10% on a previous C&P evaluation. Now he pretends to change the diagnosis to Alopecia Areata, I understand with the intent of not been able to go over 10% disabling, Is he allowed to do that? Is there any recourse to prevent this?How accurate are VA biopsy's since they are ordered to prove the Doctors case? On previous biopsy's the results are the same as the possible(rule out) diagnosis, always!!!.Now he wants Alopecia Areata, and I am sure he will get it. How can I fight this? Thanks in Advance, And Happy Birthday to all the great US Army fellows.

Thank you guys: I think I am ready now for this C&P eval. I will bring progress notes, psych progress notes an IMO and the last evaluation by my private dermatologist. I will also bring the last blotched C&P exam by the dermatologist who reduced my benefits (soon to retire!!!) and copies of previous C&P exams and determinations which granted SC and 50% disability rating since 1994. I will hand deliver this info to the RO with a statement of the case. I do not think any of this info was ever considered appropriately. Berta,,,, Jay,,,,Vike,,, any new advice? Am I on thwe righ path????? Thank you so much.

Berta: I agree they have not considered even half of the information provided. If we went by the Schedule of Ratings for my skin disability I would have to be rated at 60%. My private doctors states that the skin involvement is over 60% with constant corticosteroids treatment according to this info, It should be rated at 60% disabling. Correct? My main diagnosis is Mycosis Fungoides a type of T cell lymphoma,but VA call's it Dermatitis.???? 7806 Dermatitis or eczema. More than 40 percent of the entire body or more than 40 percent of exposed areas affected, or; constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period 60% 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected, or; systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period 30% So I do not think there was a scheduling error. Just a contrary to law rating reduction. Thanks in advance.

Jay: I have to see a "regular" doctor since my condition continues to worsen. All this information has been provided to VA. Is there a criteria or a format to prepare a CUE claim??? Should I wait for the resolution of this matter?? recently I called the regional office and they said I only had my appeal on file no more claims, and this is not true.Do they stop all claim to go ahead with the appeal?? Thanks in advance to all. HP

Jay: I have appealed. This C&P evaluation(next Friday), I guess was ordered by the RO, before deciding if they send the appeal to the board(?).Problem is, it will be the same evaluating doctor who reduced the benefit in the first place. Yes, all the opinions were done close to the C&P exam. The RO had information with contrary evidence against the C&P evaluation at his disposal.They allegedly did a "di novo" review!?. They based the reduction on the % of skin involvement, the C&P doctor said it was 10 percent,with a progressive condition involving face, trunk, upper and lower extremities and the buttocks.???? Please describe "right documentation" and what a "proper case" is if you will. Because there is nothing more I want right now, with you guys help; than to win. Thanks to all in advance.

Vike 17: Nothing random about my reduction, I agree. My Service connected disability was brought to light when we requested IU(2004). I received a C&P evaluation shortly after and the benefit was reduced; On a single examination, with evidence from my private doctors and VA doctors that my condition had not improved and continue to worsen. This is not correct. right Vike??? I contend that they did not follow procedure and never complied with 38 C.F.R. Section 3.344. We have appealed, that bring up this next C&P eval.Friday.Same doctor.(Juror and part???) We have submitted all available evidence , records, biopsies...etc,etc to the RO. Should we send again now? My prior C&P was done in 1994..!I have copies. Jay: The doctor did not meet ANY requirement, But they still went ahead and reduced my benefit from 50% to 10 % after over 10 year without improvement and the condition worsening. I have many medical opinions stating so. What else do you think I might need to do? What else can I Do before Friday?? I thank you guys.

Berta: Yes, I understand they all meet the criteria. They even state that they were performed in accordance to the "Physicians guide for disabilities" Yes, they might have been seen by VA before. I have no idea or way of telling. But i am sure i can get at least one new IMO before Friday, these are all my long time attending physicians. Most of the info comes from the VA medical record. Thanks for your time and dedication. HP PS: Is this SOP... to reduce benefits like this???After all this time with the condition???is ok for the doctor to be judge and part???

Sir's And Madams: I will be evaluated this next Friday by C&P in the continuation of my appeal.This after they reduced my disability benefits(2004-2005) from 50% to 10% disabling after over 10 years of this condition been established without any improvement . The evaluating doctor will be the same doctor that reduced my benefits without even looking at my medical record, as per copy of the evaluation for skin disorders that reduced my benefits. I have lesions on my face, back, trunk,upper and lower extremities and buttocks, but he wrote that the extent of involvement was only 10%. Should I express my concern to him about this??? Some weeks after, I saw this doctor for the first time as a Dermatologist in consult from my PCC(not a "C&P evaluator") and he wanted to take me to the local Medical School for a conference in regards to my skin condition...???!!! Very interesting case, he said. I have plenty information from my VA medical records of treatment consult, and procedures for my skin disease and also Independent Medical Opinions, should I bring those to be included with the C&P record? This taking into consideration that my record was not taken in account at all for the last inaccurate decision. Any advice or previous experience will be appreciated. Thanks in Advance; HP

Ralph: Thank you very much for the clarification of these facts. As I educate myself in this regards; the more amazed I am. I am sorry, I did not get the messenger analogy. I am thankfully getting the answers that I want, Hopefully in benefit of all Honorable Veterans. Thank you Pete, for the welcome note. In regards to Vike17 I concur 200%. HP

Very well. "DRO's are generally pretty well versed in the working of BVA as far as what would cause a remand and so forth." You say. If this is so... Why did they reduced my compensation(skin condition) from 50 % disabling to 10% on only one simple, hurried C&P evaluation, with the condition established and stabilized without improvement for over ten years, as per medical record and IMO'S. (Please see CRF 38 §3.344) If the know that they "might" be remanded. Does this seams like a well versed DRO?? I beg to disagree, Sir. Thanks again for an inteligent and timely response. See also this link if you wish, please...amazing. http://links.jstor.org/sici?sici=0038-9765...&size=LARGE

I do not doubt your source of information VIke 17.. but under what authority does the BVA do not set precedents. The BVA does not have court attributes??? there is no formallity on a desicion??Every judge rules by faith??? or the lack of? the is no SOP??? You mean to tell me that the BVA is a headless no constraints or rule of law institution?? The magazine of reference is published by PVA, Is the Service Officers Appeals Report. Again, no bearing??? It is their document..!? It is posted as a guide for the service officers. The Medical article is a publication from the Dept. of Dermatology Of the University of Helsinki, stating the progresion of my particular diagnosis. I was thinking additional info... Water tight case for the DRO. The is no problem with my Medical record or IMO's. All clicks are covered( wink). Any way the scars and 2 purple hearts eventually will have some meaning, to someone. I thank you for your time and effort Sir.

I recently called DVA San Juan to inquire about the status of my claims and appeals. The person who answered the phone said that My claims file was at the DRO desk. I have some information which I think will help the outcome of my claims, for example a copy of a BVA favorable desicion similar to my case, copies of SOAR magazine stating that what they did on my claims will be vacated at BVA level, a medical article explaining the progresion of my disorder....ect ect. My question is, If i send this paperwork now, will it affect my claim status at the DRO? Will I fall to the bottom of the pile once again??? Any comments or suggestion will be greatly appreciated.

Very wise Mr.Higgins. WILLCO HP

Great KennyJ. I hope that you get every cent of it. Have you claim to VA?? Is there any advice in regards to that, anywhere??? HP

Thank you sir. Was there an specific amout you requested??? One million???? two?? No amount will sufice. What records they want??? Thanks in advance; HP

Very well KennyJ lets keep in touch. Any luck with VA?? HP