Request For Reconsideration Evidence

[shawnb28]

I was recently rated 10% for asthma....

For my asthma, related to sucking in burn pit smoke from burning trash for a good portion of my deployment, I have had breathing problems and shortness of breath ever since. I was diagnosed with asthma and prescribed an albuterol bronchodialotr inhaler in March and was using it with little results the whole time. In July on a follow up appointment with my doc I was prescribed a much stronger inhaler (mometasone) which is classified as a steroidal inhaler that works as an anti-inflammatory, and am using it daily now.

According to the respiratory ratings chart a "intermittent inhalational or oral bronchodilator therapy" results in a 10% rating...while "daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication" results in a 30% rating.

With this new evidence, of a prescription list showing this medication and doctors notes from latest visit I filed a request for reconsideration. The VA got my request, and is asking for more evidence. How is my evidence not enough? What else could I give? .......frustrating!

[Rockhound]

Asking for more evidence, I believe is part of the VCAA form letter they send out, at least that is my opinion, for what it is worth. Providing them with the schedule for disability showing at what level you believe your Asthma meets is not going to be enough to win your claim. you'll need a nexus statement from and preferably a Specialist in Asthma and evidence of your inservice duty exposure, and treatment records of your ongoing asthma condition. Which is anything and everything that relates to your asthma, including any civilian medical records. This is assuming you are SC'd for asthma at this time. If you are SC, then you need to provide any and all the evidence you have that applies to your SC asthma that is new and material to show an increase in severity of you Asthma.

Don't Assume That They Have or Have Gotten The Evidence From Your VA Medical Records or From Any Other Source.

If you can afford it, you should consider getting an IMO from a source other than the VAMC you are treated from. There is a lot more you can do and by doing a bit of research of this site, on what you will need to prove your claim, you should get busy and do it. You need to be pro-active with your claim, otherwise you may be wasting your time in the appeals process hoping for a decition in your favor.

Look under these subjects, depending on your claims level.

1. New Claim for Service-Connection, or

2. If it has been denide previously, then Claim to Re-open with New and Material Evidence, or

3. If already SC'd, Re-open for an Increase in Severity.

There is probably more I could say, but what you need at what level your claim is at is more fully covered here on this sight and the information lacks the errors I might have on this subject.

JMHO

Rockhound Rider

p.s. don't do as my little helper does, when your working your claim, LoL see attachment

[LarryJ]

Correct, Rock.

They send this letter out to every claimant. They want new evidence IF you have any. That way, if and when they turn you down and you wind up appealing their decision all the way to the Court of Veterans Appeals........they can, ahhh, look judge, see, right here we asked for any new evidence, and seeing as how the vet didn't give us any........we screwed them, ONE MORE TIME!

If you do not have any more evidence, then check the box where it says "do you want for us to wait for (whatever the time frame is, 90 days, I think) you to send it to us", or "do you want for us to make a decision, immediately (yeah, right, like they have ever done so)".

[Rockhound]

Asking for more evidence, I believe is part of the VCAA form letter they send out, at least that is my opinion, for what it is worth. Providing them with the schedule for disability showing at what level you believe your Asthma meets is not going to be enough to win your claim. you'll need a nexus statement from and preferably a Specialist in Asthma and evidence of your inservice duty exposure, and treatment records of your ongoing asthma condition. Which is anything and everything that relates to your asthma, including any civilian medical records. This is assuming you are SC'd for asthma at this time. If you are SC, then you need to provide any and all the evidence you have that applies to your SC asthma that is new and material to show an increase in severity of you Asthma.

Don't Assume That They Have or Have Gotten The Evidence From Your VA Medical Records or From Any Other Source.

If you can afford it, you should consider getting an IMO from a source other than the VAMC you are treated from. There is a lot more you can do and by doing a bit of research of this site, on what you will need to prove your claim, you should get busy and do it. You need to be pro-active with your claim, otherwise you may be wasting your time in the appeals process hoping for a decition in your favor.

Look under these subjects, depending on your claims level.

1. New Claim for Service-Connection, or

2. If it has been denide previously, then Claim to Re-open with New and Material Evidence, or

3. If already SC'd, Re-open for an Increase in Severity.

There is probably more I could say, but what you need at what level your claim is at is more fully covered here on this sight and the information lacks the errors I might have on this subject.

JMHO

Rockhound Rider

p.s. don't do as my little helper does, when your working your claim, LoL see attachment

p.p.s. Sorry, it did not sink in that you were already SC'd at 10%. If it is less than one year, then ask for a reconsideration and, other than showing quoting the schedule for disabilitiesand at what percentage level you believe you should be at, present then evidence to show this. I statement form you treating Dr that states why your medication was changed, that it required the stronger or more appropiate medication for your condition, you might show them the schedule and ask if they agreed your asthma warrented a rating higher than it is, but don't hold your breath, you may have to go outside for a IMO on this. good luck. RR

[jbasser]

Go to the VA and get a copy of the MD notes on that certain visit. Make a copy of the Prescription onthe box, Request an increase due to the steroid. Copy the regs and send it in as a claim for increase. Your effective date should be the date the doc presfribed the steroid..

J

[Commander Bob]

On the VCAA response form I checked the yes [x] *do you want us to wait longer before deciding the claim*. I got the denial letter in less than 90 days after that anyway. LOL I can always submit more evidence while waiting for my BVA hearing. The DRO hearing I requested is to give them a chance to appoligize to me and grant the claim....Ha,