tinnitus Received Ro Decisons In My Increase

[Bound4heaven]

Greetings,

I just received my decisions for my cliams for increase last Friday. Since the issues with the first C&P examiner and with meetings with the VAMC Director and audio tapeing the entire meeting (Nice sugesstion Berta) The VAMC director and the VARO are walking on eggshells on this issue. Their decisons were as followed.

I asked for increase in all my issues (FYI They never found my 1151 claim, I hand delivered it again to the RO)

Degenerative disc issues with lumbar spine 40% is continued (denied increase)

Fracture little finger 10% (Increase denied)

Tinnitus 10% (Increase denied)

Bi-lateral foot issues 50% (Increase denied)

Bi-lateral varicose Veins 10% continued( on this issue the RO said that the N.P who was fired noted my veins appeared not as bad as previously rated and on his (RO) opinion it was under review, and then below it it ststed after review my rating's stood. (This issue was never raised for the increase) I had a few choice words for the RO that he would even consider the opinion of a N.P who was fired, and I requested an increase to 20% on my N.O.D and personal hearing request. The C&P examiner said that due to me having to wrap my veins and the only relief I get is from putting up my feet that I would get the 20%. So thats what I did. The Ro wanted to play the I am in charge card on me, and it blew back in their face.

I shot back a N.O.D and asked for a personal hearing. I received from my VA doctors 2 Physically Capabilities Evulations that really get into the severity of my disabilities. The RO did not have this information prior.

Increase for medications side effects, hypettension, gout, edema bi-latteral. anxiety, insomnia, confusion, memory loss. constration problems, chronic fatigue, low sex drive, dizzyness all from my meds all have been deferred for C&P exams due to the reckless N.P.

Right shoulder condition currently at 20% deferred.

I completed a C&P exam yesterday (the VAMC called me Friday the same day I received the RO decision letter I have never seen the VARO that efficient I thoough I was dreaming, and I had to pinch myself Ha-HA feels nice to laugh again) I waited over 15 months for this decision and I have 2 more C&P exams to go one next week and one next month. I can say my C&P yesterday was the best one I have ever went through,. The doctor blasted the N.P who performed my last C&P exam (THE VAMC FIRED THIS N.P) because of all the issues I raised and would not allow to go away. I did it because; I did not want to see any veterans to go through this 6 months of foolishness. The examiner informed me that I would get the max from my Gout, and HBP and in his words was caused by service. I wept in that office. All those sleepless nights and mood swings (We all have been there who deal with the vA) I knew then and there it was all worth it. I am currently rated at 100% T&P so I am unsure all this will play out with the new awards coming.

Don't give up. The VA system is designed for us to get discouraged and quit. Know you regs. If you don't ask Berta or Terry. I can honestly say I would have quit and settled on much less if it wasn't for their wisdom and direction and God's protection. I am unsure how the 1151 and Tort will play out. God does.

God bless you and thank you all.

I did file a federal tort claim (Thanks Berta) I got a call from the VAMC Director's office and asked me if there is anything I need (Can you believe it?). I informed him to start looking out for the best interests of the disabled veterans and less interest on these political chess matches that him and I went through for 4 months. I informed him we deserve to be trated better then what I had to go through. Not only did the VAMC out me through it, but my wife and 6 children. We forget our family members go through this too, and I am sure my family would tell you it was no pinic living with me at times. Thanks to all.

[Guest Berta]

This is great- the shoulder is deferred -that is OK-and you are getting more C & Ps-

Do I understand they awarded you the 10 to continue on the varicose veins but your evidence warrants the 20%? Did they have the C & P yet on that?

and the fact that the other stuff is defered -this is OK too because they have to rate it---

I am glad you did what you did because they like to play games with 1151ers and sure can put us through hell-bad enough the medical care is lousy enough to have to file a 1151-but they make even the direct SC part of the claims as difficult as they can-

Your advise- Never Give Up- is what every veteran should take to heart.

"I got a call from the VAMC Director's office and asked me if there is anything I need (Can you believe it?)"

I just Love this!

Sometimes a veteran has to take the bull by the horns to get them bookin' on claims.

[Bound4heaven]

This is great- the shoulder is deferred -that is OK-and you are getting more C & Ps-

Do I understand they awarded you the 10 to continue on the varicose veins but your evidence warrants the 20%? Did they have the C & P yet on that?

and the fact that the other stuff is defered -this is OK too because they have to rate it---

I am glad you did what you did because they like to play games with 1151ers and sure can put us through hell-bad enough the medical care is lousy enough to have to file a 1151-but they make even the direct SC part of the claims as difficult as they can-

Your advise- Never Give Up- is what every veteran should take to heart.

"I got a call from the VAMC Director's office and asked me if there is anything I need (Can you believe it?)"

I just Love this!

Sometimes a veteran has to take the bull by the horns to get them bookin' on claims.

Dear Berta,

Thank s so much for your response. Yes I was previously awarded 10% for varicose veins (Bi-lateral) about 4 years ago. This is what he had said" Although you did not claim an increase in your service connected varicose veins ofthe left leg, this condition was mentionaed at the VA examination in August (This is the C&P exam and examiner that got fired) terefore the evaluation assigned this condition is being reviewed.

The evaluation of your service connected varicose veins Bi-lateral is continued as 10 percent disabling based on the VA examination noted above.A higher evaluation of 20 % is not warranted inless there is a persistent edema (which I have), incompletely relieved by elevation of extreminity, with or without beginning atasis pigmentation or eczema. The edivence of record does not warrant the assignment of a higher evalation"

This RO is giving his opinion based on edivence giving by the incompendent N.P. I received this deciaion last Friday and on the same day I recieved a phone call asking me to come in on the following Monday (2 days ago) for the 1st of the 3 C&P exams. At the first C&P exam (Monday) the MD (great Guy) performed 7 different exams from 7 different exam worksheets. It was at this time Berta when he did the C&P on my Lower extriminities that my veins I keep wraped, and he did his exam on them. After the C&P is when I pullled out the ratings for varicose veins from the 38 CFR he agreed I qualified at the very lest for the 20% considering my issues.

As soon as I got home I fired off my N.O.D and request for increase for varicose veins for 20% and I quoted the CFR. What is also odd they did the same thing for my little finger that got broken in the Coast Guard and was never properly set. It is now abnormal in looks and huts alot. The Ro in this decsion did almost the same thing as he did reguarding my varicose veins, but said my 10% will continue.

I know it's crazy. My next redo C&P is a phyic exam. Got to love that one. I'll keep you informed Berta. I'd hug ya if I could. God bless you and all.

[Guest Berta]

Wish I could hug you too!!!!

this part:

"It was at this time Berta when he did the C&P on my Lower extriminities that my veins I keep wraped, and he did his exam on them. After the C&P is when I pullled out the ratings for varicose veins from the 38 CFR he agreed I qualified at the very lest for the 20% considering my issues"

Have you been able to get that actual report and send it into the VA in support of your claim and NOD?

It often takes about 3 weeks for them to type it up.

[Bound4heaven]

Wish I could hug you too!!!!

this part:

"It was at this time Berta when he did the C&P on my Lower extriminities that my veins I keep wraped, and he did his exam on them. After the C&P is when I pullled out the ratings for varicose veins from the 38 CFR he agreed I qualified at the very lest for the 20% considering my issues"

Have you been able to get that actual report and send it into the VA in support of your claim and NOD?

It often takes about 3 weeks for them to type it up.

Dear Berta,

I have not got a copy of the finished C&P final report as of yet. I just took it last Monday. However that is great advice Berta, I never thought of using a C&P exam report as edivence. I will contact the VAMC on Friday to see if it's been added to my Medical File.

Betra I have another question for you.

I know you have great expirence dealing with the VARO. When you filed your 1151 claims and your TORT claim. How did they progress? I mean did you get quicker responses from the 1151 ot Tort? I have both filed and just curious how they play out. I know dealing with the any claim takes such a long time (1 year or more), how did it work for you in regards to time frames? Thank you Betra and God bless you.