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What's Up With This Iris Reply?

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jessie0054

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jessie0054 Proficient

jessie0054

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Hello:

Just got this reply from IRIS this evening.

My son was serviced connected at 0% for Polycythemia Vera [ a Bone Marrow disease] and we sent a Letter for reconsideration in the rate which they recieved on May 9th.

For this disease and recieving Phlebotomies he should be rated at 40%.

I have since sent 2 recent Phlebotomy records.

Last week my sons SO said that someone in the St. Louis RO had his file working on it and he expected a decision fairly soon.

Today the IRIS reply said that his claim had been sent for a possible Exam and he would be contacted by the closest VA if an Exam is needed.and gave the 1-800 number.

What more could they need? They did the C&P and i have filed all his Phlebotomy records showing his disease is active. :D :blink:

He was already service connected for the disease, Was just asking for them to give the proper rate!!

Jessie

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Berta

Berta

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That C & P should give him another good shot for a ratable percentage.

what gets me is they said a 'possible' exam.

Maybe they are getting a VA medical opinion that would not require a physical exam to be done.

Again- as I assume he already had one C & P prior to the "0" rating ?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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jessie0054 Proficient

jessie0054

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That C & P should give him another good shot for a ratable percentage.

what gets me is they said a 'possible' exam.

Maybe they are getting a VA medical opinion that would not require a physical exam to be done.

Again- as I assume he already had one C & P prior to the "0" rating ?

Thanks Berta:

I just don't understand what more they could want to make the decision to give him the 40% rate or leave him at the 0%. They have 3 Dr's giving him a Diagnosis, One being the VA C&P examiner. They have phlebotomy records for the last 5 years and now finally a standing order for a phlebotomy every 4-6 weeks.

I came across an interesting decision on the Board of Veterans Affairs Appeals on a case very near my son's case.

Citation # 0703559

Decision date 02/05/07 Archive date 02/14/07

Docket # 00-06 476

This case was on appeal from the Department of Veterans Affairs office in Hartford Connecticut.

If i'm reading this right this Veteran was given a 40% rate, raised from 10% because he had had a CBC not a phlebotomy. But due to the defination of a CBC by the US National Institute of Health, A CBC is defined as a phlebotomy.

Would this case be good to submit in my son's case?

Thanks, Jessie :D

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luvHIM Proficient

luvHIM

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Jessie,

You would think if a veteran is already service connected the process would be a lot simpler. But not so. I'm sc at 0% also. Medical evidence is there. Nevertheless, I have already had two rating examinations since I filed my claim in 2003 without a break in the process. You have to remember that VARO is not trying to pay out benefits. The purpose of a rating exam is there last ditch effort to keep a vet at 0% or not sc him/her at all.

The following is a link to the disability worksheet the examiner will use, if your son should be scheduled for a rating exam. Hope it helps in showing you what the VARO is looking for to award or not award the 40%.

http://www.vba.va.gov/bln/21/Benefits/exams/disexm29.htm

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jessie0054 Proficient

jessie0054

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Jessie,

You would think if a veteran is already service connected the process would be a lot simpler. But not so. I'm sc at 0% also. Medical evidence is there. Nevertheless, I have already had two rating examinations since I filed my claim in 2003 without a break in the process. You have to remember that VARO is not trying to pay out benefits. The purpose of a rating exam is there last ditch effort to keep a vet at 0% or not sc him/her at all.

The following is a link to the disability worksheet the examiner will use, if your son should be scheduled for a rating exam. Hope it helps in showing you what the VARO is looking for to award or not award the 40%.

http://www.vba.va.gov/bln/21/Benefits/exams/disexm29.htm

:D Thanks luvhim

I downloaded the worksheet just incase he has to have another exam. I just don't know what they want MORE BLOOD :blink:

Thanks, Jessie

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