HadIt.com Elder JR Reihs Posted November 4, 2005 HadIt.com Elder Share Posted November 4, 2005 Gary if it says 78 then it is but you might want to confirm it. What you get depends on how it effect's your previous rating. Link to comment Share on other sites More sharing options...
nlualum82 Posted November 4, 2005 Author Share Posted November 4, 2005 The statement said they don't have a current diagnosis of otitis. I think it may mainly have to do with a completely FALSE statement the weasel put in his notes and they refer to: "The examiner stated that your otitis externa has not been a problem since you switched to hypoallergenic hearing aid molds last year." It has decreased a little, but I have had many outbreaks and keep a tube of the RX handy - pulled one from my coat pocket to show the SO this morning. I try to catch it right away to keep it from getting severe. I wonder if pointing out this statement will be enough to reverse the decision? Gary Link to comment Share on other sites More sharing options...
Guest Berta Posted November 5, 2005 Share Posted November 5, 2005 does the VA renew a prescription for that med? It would show that -if the prescriptions are current- you have continuous problems with the ogitis This claim seems to show what I mean: http://www.va.gov/vetapp95/files2/9509500.txt They granted for otitis externa but not for otitis media- as it was not chronic-according to the BVA- another claim I didnt post said the otitis was not to a compensable degree. Under Otitis at the BVA website there are claims that might show what degree they need for rating- Link to comment Share on other sites More sharing options...
Angela Posted November 5, 2005 Share Posted November 5, 2005 Not sure if this will help but (See Reonal v. Brown, 5 Vet App. 458, 460- 461 (1993) (holding that a diagnosis made on an inaccurate factual premise has no probative value). Link to comment Share on other sites More sharing options...
Josh Posted November 5, 2005 Share Posted November 5, 2005 Hi Angela, Josh here with you to add an unusual twist to your reference noted below. Your Reference (See Reonal v. Brown, 5 Vet App. 458, 460- 461 (1993) Held that a diagnosis made on an inaccurate factual premise has no probative value.. I have a case at the DRO currently where an inaccurate diagnosis caused quadriplegia. The VA docs took a known diagnostic error made by an HMO physician and covered up the error thus freeing the HMO from liability as the error extended for more than two years which was the statute of limitatins in the state where the error occurred. The VA MD´s never made any attemp at all to "solve the diagnositic puzzle" resulting in my being confined to a nursing home for more than two years and a wheelchair for more than three. I met a girl on the internet who brought me to her cou ntry to get treatment I knew I needed but was refused there. This treatment saved my life but the damage was severe... Question is whether or not this same standards about diagnositic error apply in the reverse... I hope so Josh Link to comment Share on other sites More sharing options...
Angela Posted November 6, 2005 Share Posted November 6, 2005 Josh, What's more heartbreaking is that you are not the only veteran with just such a history of VA "care". Which is why I refuse to go to the VA for medical care at all. I'm sure there must be many VA doctors who are well trained and do good work, I'm just not willing to weed through all the bad to get to them. Link to comment Share on other sites More sharing options...
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