Varo Called And Said They Made A Mistake

[Rockhound]

A rep from my VARO called me today and informed me that they had made a mistake and had not listed one of my secondary conditions, I had listed in my new claim, on the C&P exam I was to be scheduled for. They had already sent out a VCAA letter and a letter saying they were going to schedule a C&P exam, but the exam they had scheduled did not consider this missing secondary condition.

After discussing the error and all, I noted they had also made another error in that they were looking at the claim as a claim for an increase and not as a claim for secondary conditions. The claim was to SC secondary issues as a result of the already SC condition.

The rep said they would be sending me out another letter with the correction in it and that their may not be a need for another C&P, that they will have my previous medical records reviewed by their medical reviewer to see if their is a need for another C&P exam.

This is a first for me, has anyone else had such a call and were able to seemingly get things straightened out? Of course, only time and this new letter will tell me for sure. I can only hope.

Rockhound Rider

[john999]

When you claim a secondary condition you need a medical opinion that states the nexus to the primary condition. The VARO won't make the leap just based on common sense. I went for a secondary condition of diabetic neuropathy. The VA contested it saying I had the condition before I was officially diagnosed with DMII.

[Rockhound]

Had a message on my phone when I got home from shopping today, it was from the scheduling clerk for the C&P exams. She told me she had a call from the VARO and cancelled my upcoming C&P exam because of the mistake they made in what the exam was to include. She said that their may not be a need for another exam since I had one not to long ago, which was for my SC condition. So now it's a waiting game again, to see how long it takes them to either make a decision on my claim or whether they find it necessary after all to request a new C&P exam.

I do believe their is enough evidence, with photos, to prove the painful scars claim and my treatment records and prior claims should show that since the SC nasal fracture and deviated septum, I've developed chronic sinusitis and rhinitis due to the obstructed nasal passages. With the added medical literature showing a link between deviated septum and obstructed nasal passages, showing it is at least as likely as not, I feel confident that I will win this claim also. But like we all know, the VARO doesn't always see things the way we do. I was less optimistic when I got an increase to my SC condition, maybe I am being a bit to optimistic this time around. All I can do is wait and see.

Rockhound Rider

[Rockhound]

(Here is a part of my corrected VCAA notice of my current claim):

Dear Mr.

After careful review of your file it has been brought to our attention that you didn't receive accurate correspondence for your claim for Painful scars- with ulcerations on both sides of nose secondary to residuals, fractured nose and Chronic sinusitis infections with non- allergic rhinitis secondary to residuals, fractured nose. Please accept our apologies and this letter will help clarify our previous mistake. Please be advised that we are continuing to process your claim filed October XX, XXXX

We are working on your request for secondary service-connected compensation for:

. Painful scars With ulcerations on both sides of nose secondary to residuals, fractured nose

. Chronic sinusitis infections with non- allergic rhinitis secondary to residuals, fractured nose

This letter will give you information about what we will do, how long the claims process will take, what you can do to help us, and when you will hear from us. Please see the enclosed attachment "How You Can Help and How VA Can Help You" for more .information about your claim.

What Do We Still Need from You?

We need additional things from you. Please put your VA file number on the first page of every document you send us.

(This correction was necessary since it is not a claim for increase, but a claim secondary to residuals of my SC Fractured nasal bone).

Rockhound Rider

[poolguy11550]

Rockhound, Write up a detailed "statement in support of claim" and focus on relaying the pain and residuals aspects of your secondary claims. It sounds to me from reading this that you might actually have an experienced rater working your claim. I.E. a rater that reads everything and weights if accordingly. Good luck.