100% P&t Is Now Not Going Away!

[Scottyp65]

I was just informed a letter is in the mail to inform me that the VA is proposing to reduce my rating !!!!!!

*(&(*&(*^*&%*&^*@@$#@$!!!!!

Oh and now comes the endles BS while trying to resolve this and oh how quick will they respond to cut off the dependent benefits while still paying so there will be a NO PAY DUE issue right at Christmas!!!!

Oh the fun never stops!!!!!!

Edited December 19, 2007 by Scottyp65

[Scottyp65]

Sorry for the long time between posts.

So it is done......................

Edited January 3, 2008 by Scottyp65

[rentalguy1]

congrats on this small victory, Scotty. However, I have to ask...did the examiner use a goniometer to measure the range of motion? If she did not, you need to file a CUE asap, due to an inadequate examination. Then request another C&P for the knee, so you can get your other 20% back. It may not seem necessary right now, since you are still at the 100% mark, but as your other conditions worsen, and the ratings for those go up, this 20% that you are loosing now could make the difference i receiving additional SMC down the road. Good Luck!

[Berta]

Whew! good - did you see that in paper yet from the RO?

(my VAola paranoia is showing)

"Berta, or whom ever can answer, I had a surgery for a SCD where they removed two muscles from my neck. I don't see where even after I had told them of the surgery and claimed the scar too, that I was ever awarded anything, in particular for the removed muscles. Is there any rating for the removal of muscles, or is it in the analogous arena? I have read the disorders etc for muscle damage but didn't see one for removal?"

I didnt catch this question before- and dont know-

however if the scar fits into the scarring criteria- that should be rated-what was the muscle removal for?

[Scottyp65]

I will just let things cool off for now.

Edited January 3, 2008 by Scottyp65

[even_flow]

Berta- The scar did not get any more than 0%, which is okay. I had the muscles removed as to provide relief from Thorasic Outlet Syndrome......... figure it helped in some ways. Have to be careful though because I can't feel the area around my neck on that side, and I foreget to button my shirts all the way at times:) Only a problem if I foreget to look in the mirror other wise it looks like I am trying to look like some young stud with the chest hair and all. Oh well that is that.

BUT I never really got a rating to deal with the muscles being removed and the subsequent neuralysis of the Brachial plexus.

I will just let things cool off for now and then make a claim at a latter date.

I've read on this, and other forums and veteran's resources, that filing new claims will cause the VA to look over your whole file and propose new exams. Is that what you're doing? Or is it because you need care at the DVA and have no choice but to see the DVA doctors? They said my conditions are permanent and that I'm not scheduled for future exams. Rest assured, I intend to let my file collect dust if I can. I just see my civilian doctors and pay the co-pays.

It seems that's what causes the DVA to do that. It sounds like you need the VA for medical care though: do the doctors who provide care at the DVA, not C and P exams, routinely report status to the rating officers?

I have a friend who receives treatment for a mental condition. The doctors tell him he is getting better even though he says he's not. (On that I couldn't say either way). But the consensus is (and I've read this) that DVA doctors sometimes feel like veterans are out to keep their ratings and some of the doctors resent it and will say a veteran is getting better regardless. To be fair I know a guy whos DVA psychiatrist fights for his client and it is THE RATER who proposes the reductions. Main point: If one receives care at the DVA it seems they will always be under scrutiny and subject to re-exams at the whim of the rater. Is that an accurate assesment? I realize people need the DVA medical care though. Luckily I have private insurance. I really don't like government run facilities and going to a doctor around the corner in a nice small office is so much more convenient.

[Berta]

This case is different from yours- the surgery was due to injury- but still based on what I read here- this muscular removal definitely should have had a rating-

removal is surgical 'injury' in a way-

http://www.va.gov/vetapp92/files2/9210516.txt

also scar ratings:

This recent BVA case includes the way they measure scarring and rate and code them:

http://www.va.gov/vetapp07/files2/0716434.txt

I hear you on putting it off-

The VA eventually has to rate my dead husband's heart disease that they malpracticed on.

Even though the malpractice was admitted to in the DIC award I got- they failed to even mention his fatal heart disease or any rating whatsoever for it- I filed a CUE on that.

I should sit down and figure it all out- plenty of evidence for 6 years of VA med care that showed untreated heart attack and significant heart disease but they never told the vet or me-

Still-if the VA fails to rate something or gives the wrong diagnostic code it can hinder proper comp as well as- if it contributes to the veteran;s death years down the road-the spouse will havea heck of a time getting them to rate it correctly then.

Edited December 18, 2007 by Berta