Varo Sent Cue Claim To Dav For Review?

[Guest Jim S.]

I checked on my CUE claim's progress today and was told it was sent to my DAV representative for review, since he has my power of attorney to represent me.

I filed the claim on my own, without any assistance from the DAV, because they refused to consider my claim for CUE in the first place.

Now I am being told it was sent to them for review and they are waiting for the DAV to return it. Also I was told that the DAV post is vacant at the moment and they are looking for someone to permanently fill the possition. I guess it is being filled by temperary personel at the moment.

What would be my best course of acction at this point? Maybe I should be asked to be appointed to the postion. Not sure how SS would see this, they may claim I am able to work and cut off my SSDI benefits.

Anyway, I would like the members opions on the next course of action.

Jim S. B)

[john999]

<{POST_SNAPBACK}>

That sounds hopeful, Jim. Keep the DAV's feet to the fire.

[Guest Jim S.]

To those following my claim over the past, this is the first time someone other than myself and those posting here, I have gotten any positive feedback on my claim.

I do know that the DAV Rep. wanted to get my SSDI records added to my claim file, since they have found me to be Disabled. I hope something in will be helpful to my claim and not just more nothing new and material as in the past.

I think he is also recommending that this and my other records should be reviewed by a Clinical Psychiatrist and what I believe him to say, for a differential diagnosis, to better explain everything that has happened to me in the past and it's association to what is happening to me now.

I'm hoping this will provide the Nexus I need to prove my claim and support my claim for SC and the other points I made in the CUE claim.

At the very least I would hope for SC so I can put the idea that an inadequate personality with inadequate educational experince was the reason for my problems.

I'm glad for the continued support and will be around to add my support to others and keep you apprised of anything new or any progress in my claim.

Jim S.

p.s. If you use the fastreply, then my posting doesn't repeat itself and take up extra room on the board. Just a little advice, not that you have to take it. LoL

[Hoppy]

To those following my claim over the past, this is the first time someone other than myself and those posting here, I have gotten any positive feedback on my claim.

I do know that the DAV Rep. wanted to get my SSDI records added to my claim file, since they have found me to be Disabled. I hope something in will be helpful to my claim and not just more nothing new and material as in the past.

I think he is also recommending that this and my other records should be reviewed by a Clinical Psychiatrist and what I believe him to say, for a differential diagnosis, to better explain everything that has happened to me in the past and it's association to what is happening to me now.

I'm hoping this will provide the Nexus I need to prove my claim and support my claim for SC and the other points I made in the CUE claim.

At the very least I would hope for SC so I can put the idea that an inadequate personality with inadequate educational experince was the reason for my problems.

I'm glad for the continued support and will be around to add my support to others and keep you apprised of anything new or any progress in my claim.

Jim S.

p.s.  If you use the fastreply, then my posting doesn't repeat itself and take up extra room on the board. Just a little advice, not that you have to take it.  LoL

<{POST_SNAPBACK}>

Jim,

My recollection is that your diagnosis was changed by the VA to a personality disorder. The Inservice diagnosis was for a psychotic episode. Getting a medical opinion that rebutts the VA's changing of a diagnosis is the best way to deal with them. I mentioned that there are psychiatric conditions that develop over a period of many years. One thing that I should have pointed out is that the changing of a diagnosis should not be allowed because the original diagnosis could have been accurate yet also not be well represented due to the fact that doctors make diagnosis without takming good notes and putting them in the file. The new evaluation that allowed for the change is subject to many flaws. Your recollection of the events may not be accurate. There are other reasons a psychotic episode would be diagnosed other than hearing voices. It could be that the inservice doctors did not take good notes that showed the other reasons. It is very unusual for military doctors to over diagnose a condition. Usually the reverse happens. I have heard from many veterans who were diagnosed with personality disorders inservice that had the personality disorders changed to compensatable conditions.

Ongoing psychiatric evaluations are the best way to go. This usually requires ongoing treatment because doctors will not make diagnoses without treatment. Also the diagnosis from a treating physician should be given more weight than an evaluation from a examining physician.

One case I am very famaliar with took over a year to get inservice diagnosis of personality disorders changed to a compensatable condition. There were good notes taken by they inservice doctors. The inservice Psychiatrists own notes did not support the personality disorder diagnosis. That made it easy for the post service evaluator to change the diagnosis. Like I said before I do not think that a veterans recollections of what happened would be sufficient for the post service evaluator to change a diagnosis of inservice personality disorders to a compensatable condition. The opposite is also true the veterans post service recollections should not be used to reverse a psychotic episode to a personality disorder. The fact that the reports as they were written by military doctors lack symptoms or are otherwise insufficient does not open the door to change a diagnosis. It is only when the inservice reports clearly address and contain evidence that supports a different diagnosis.

My thoughts.

Hoppy

100% for Angioedema with secondary conditions.

[Guest Berta]

Hoppy-some good points and remember all- a CUE cannot change a medical diagnosis. It can challenge wrong diagnostic codes or a rating that is inconsistent with the proper codes.

[Guest Jim S.]

Hoppy, Berta: I only have what few ward notes on when I fractured my nose and received a concusion. The rest of it is in the Navy Medical board findings. I was hospitalized for three months, so their should have been more in my medical file for this period, but their isn't. Their were no personal evaluation note from the different Dr's who examined me or any of the write ups on the findings on the tests I was given either. Nor could I find any records of the medications given and/or subscriptions given to me upon discharge.

Who and where might I find these missing records, if they are still available?

The Medical board findings only covered what tests and exams were given and their summery of their results and only what medication I was on and not how much or how often or what I was given when discharged to take with me on my cross the USA to get home. But for the grace of the all mighty, how I made that trip spaced out on Meluril, I will never know or understand. I have no memory of that trip to this day, I cannot even remember what road I took or stops along the way.

I vaguely remember leaving and arriving home and that is all, anything inbetween is a blur, like a dream you wake up from but can't remember what it was about.

I reread my CUE claim and although it does claim a wrong diagnosis change, my claim is more about the ruloe and regulation, etc., that the VARO failed to consider or use in their decision to change the diagnosis. top among them, that the VARO cannot make medical assumptions and/or medical opinion or diagnoses and any changes in a diagnosis must be clearly defined in the examiners report or it must be sent back to the examiner for clearification. The mear question asked of the examiner, had they done so, is not sufficient in it's self, even if another diagnosis is found, the examiner must still clearly state that a change in the diagnosis is warrented and support this with his findings and back up with facts or treatise. Non of which the VARO did then or subsequate to my other filings for benefits.

What the examiner and the VA failed to show, that the Navy Dr's did, was that my condition was in remission. Webster's dictionary defines remission as a tempory lessoning of disease or pain.

So you see, it's not that they made a change, it's how they went about it. They failed to give reason and basis for their alternative diagnosis, they called it. In doing so they failed to rule on the adjsutment disorder, depression disorder and anxiety disorder as noted by the Medical board.

All of which I have had problems with through out my life and have developed into a major and chronic problem these past few years and have been treated continuesly during that time.

Sorry people, I get a little fired up and emotional when I talk about my claim. Had I been on top of things back when, I wouldn't be going through all this now. Keep the well wishes and encouragement coming and the information flowing.

Jim S. ;)

[Hoppy]

Hoppy, Berta:    I only have what few ward notes on when I fractured my nose and received a concusion. The rest of it is in the Navy Medical board findings.  I was hospitalized for three months, so their should have been more in my medical file for this period, but their isn't.  Their were no personal evaluation note from the different Dr's who examined me or any of the write ups on the findings on the tests I was given either. Nor could I find any records of the medications given and/or subscriptions given to me upon discharge.

Who and where might I find these missing records, if they are still available?

The Medical board findings only covered what tests and exams were given and their summery of their results and only what medication I was on and not how much or how often or what I was given when discharged to take with me on my cross the USA to get home. But for the grace of the all mighty, how I made that trip spaced out on Meluril, I will never know or understand.  I have no memory of that trip to this day,  I cannot even remember what road I took or stops along the way.

I vaguely remember leaving and arriving home and that is all, anything inbetween is a blur, like a dream you wake up from but can't remember what it was about.

I reread my CUE claim and although it does claim a wrong diagnosis change, my claim is more about the ruloe and regulation, etc., that the VARO failed to consider or use in their decision to change the diagnosis. top among them, that the VARO cannot make medical assumptions and/or medical opinion or diagnoses and any changes in a diagnosis must be clearly defined in the examiners report or it must be sent back to the examiner for clearification.  The mear question asked of the examiner, had they done so, is not sufficient in it's self, even if another diagnosis is found, the examiner must still clearly state that a change in the diagnosis is warrented and support this with his findings and back up with facts or treatise.  Non of which the VARO did then or subsequate to my other filings for benefits.

What the examiner and the VA failed to show, that the Navy Dr's did, was that my condition was in remission. Webster's dictionary defines remission as a tempory lessoning of disease or pain. 

So you see, it's not that they made a change, it's how they went about it. They failed to give reason and basis for their alternative diagnosis, they called it. In doing so they failed to rule on the adjsutment disorder, depression disorder and anxiety disorder as noted by the Medical board.

All of which I have had problems with through out my life and have developed into a major and chronic problem these past few years and have been treated continuesly during that time.

Sorry people, I get a little fired up and emotional when I talk about my claim.  Had I been on top of things back when, I wouldn't be going through all this now. Keep the well wishes and encouragement coming and the information flowing.

Jim S.  ;)

<{POST_SNAPBACK}>

Jim,

The logic that the diagnostic change was made without the supporting logic explained properly in the SOC is a good argument. I read many BVA cases where they were reversed or remanded citning that the vague language of the SOC did not meet VA standards. The reason the SOC was vague is most likely that some adjudicator pulled the opinion out of thin air. If the adjudicator sought a medical opinion and made the change based on the new medical opinion supporting the change he would have been required to cite the opinion of the new evaluator in the SOC.

The same thing happened to me. The adjudicators started pretending to be a doctor. It was driving me nuts. I was wondering if the adjudicator was a doctor or where these off the wall opinions were coming from. I was making posts to the board and somebody in the old days explained to me that adjudicators are not doctors and must notify me through the SOC if a new medical opoinion was sought. Eventually, it was straighted out by a DRO. My SO was a rating specialist for the VA for 20 years before becoming a SO. We used to argue as to whether the adjudicators where just plain liars or where they grossly incompetent. My SO argued that at that time the VA had very undertrained adjudicators who think they can do anything. By the way the DRO verbally explained to me at a hearing that the previous team that worked my claim made many serious errors. He did not put that in the written decision although he undid 8.5 years of bull-hit when he made the award.

Hoppy

100% for Angioedema with secondary conditions.