Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

What Is Your Take On This?

Rate this question


pilgrim01

Question

I initially filed after retiring in Nov 2008. I received 40% and they denied a "numbness/tingling" claim that I had submitted, one reason was no diagnosis. Three months after retiring I had another episode. My new doctor immediately took X-rays and MRIs. Disc protrusion, nerve root damage, foraminal stenosis, multi-level lumbar conditions, etc was found. This all happended while my initial claim was still being worked at the VA. As soon as I got the denial back (March 2009) about the numbness tingling, I filed a RECONSIDERATION (April 2009). My new doctor wrote a note to the VA that I submitted with my RECONSIDERATION saying that this was "consistent with the numbenss/tingling I have been having since July 2006". Well, the RECONSIDERATION had made it all the way to the Rating Team and they decided to give me another C&P for my back. During the exam, the doctor did a lot of writing. She once asked me after doing the leg strength test if I was right or left handed (because due to this numbness/tingling my left leg is now stronger than my right and I am right handed). Once I told her right handed, she did the test again, then wrote some more notes. I have been on Celebrex and Neurontin for about a year. I was also referred to Physical Therapy which didn't help. I have put off the pain injections for the time being as I am very afraid of needles going into my back. What is your take on my chances? I know the VA is very unpredictable but this waiting is wearing my out.

Edited by pilgrim01
Link to comment
Share on other sites

  • Answers 31
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Moderator

Pilgrim

Keep in mind this very real possibility: The IRIS emails are inaccurate, a fabrication, or wholly untrue. A leading Veterans advocate with the initials JS says that both IRIS and phone calls are so inaccurate that they mislead rather than inform and he recommends never using either IRIS or the 800 number.

I was personally promised in an IRIS email that my claim was being transferred from Roanoke to Cleveland and I could "expect a decision in 4-6 weeks." I did not get a decision for almost a year. I have noticed they are now extremely reluctant to give any sort of time frame now..on anything.

Part of the inaccuracies on IRIS or phone calls is that the person who is working on your claim may/may not enter what he did on the computer. So, when you call or email, the CSR does not have your paper file, only an electronic record that has dubious accuracy, especially in light of the "hit or miss" recording of details in your electronic record.

If you call the IRS and ask the IRS employee, "Is .......deductable on your tax return" chances are pretty good that employee will give you an answer. If that answer turns out to be incorrect, the IRS wont waive any penalties or interest..it is simply your fault for trusting the IRS agent. The VA is the same way. An employee could tell you over the phone that you have been awarded 100% and SMC m. Later you could easily get a denial. The VA wont honor that phone call, even if it was recorded and your congressman was listening in on the phone call.

Bottom LINE: Take the IRIS answers and 800 number answers with a grain of salt..you are better off betting on a hot tip on a horse race, than counting on those answers.

File your NOD on time regardless of what the IRIS CSR's tell you. I wouldnt wait. I would file the NOD NOW. If the MFR comes through, then you can withdraw your NOD. They have monkeyed you around long enough. Remember, if you have unadjuticated claims/unaddressed issues, include those issues in your NOD, because the courts could call them "deemed denied" if you dont.

Edited by broncovet
Link to comment
Share on other sites

Did the new doc completely associate all this to your established SC disability?

Every cl;aim needs that medical nexus statement to associate as due to or aggravated by an established SC condition or due to something in service that caused it.

Without a valid nexus statement with a medical rationale to support it- any opinion whether from VA doc or private IMO doc -is useless.

Yes, she associated it with the numbness/tingling that was denied because it wasn't diagnosed, but now it is.

Link to comment
Share on other sites

PS - as Jayq said and I too can support from personal experience- it is the copy of the ACtual C & P that can be rebutted-if needed- and often successfully- The SOC can often manipulate the actual examiner's report as I sure experienced- many times- so get copy of the actual C & P exam and this might reveal that,in fact, the nexus statement is there.

If the C & P doc forgot to make any as likely or not or more then likely nexus statement-this will call for remand down the road if it gets to the BVA.

Did the private doc's letter consider the IMO criteria here and make the above nexus statement with full medical rationale?

Yes, she stated that this is consistent with the numbness/tingling I have been having since July 2006 and she listed all the diagnoses as stated below.

Link to comment
Share on other sites

Thanks, everyone, for your replies. This forum is truly helpful, but I have to ask why everyone is so hard on the VA? I understand all the problems, delays, and lies they tell veterans just to "give them an answer", but some people are happy with their decisions. I know, they have treated veterans horribly, but there has to be some good in the VA. If you all look back down this post, try to pick out one positive response....... You can't because no one has anything positive to say about the VA, yet there are people on this forum getting checks deposited into their accounts every month, so they must have done some things right.

Please don't take my post the wrong way. I am just coming from church and I kinda felt bad for the VA. :-) I am not coming down on the forum because I love this forum and have gained a wealth of knowledge here, but it seems the VA can't do anything right and that is not true because, again, there are people on this forum getting money deposited every month, so, they get some things right...right?

Link to comment
Share on other sites

  • HadIt.com Elder

Dont think too negative about it. The VA does get it right. We have some folks who are extremely paranoid and frankly speaking they are starting to get on my nerves. We have to have faith in the system or we all will be lost. I know there has been a lot of negatives but there are also some posatives.

I know a lot of members who have not had a problem with the VA as their claim as the VA did what they were supposed to do. On a side note there is good and bad in everyone and some folks dwell on the bad so anything is possible.

J

Link to comment
Share on other sites

  • HadIt.com Elder
Thanks, everyone, for your replies. This forum is truly helpful, but I have to ask why everyone is so hard on the VA? I understand all the problems, delays, and lies they tell veterans just to "give them an answer", but some people are happy with their decisions. I know, they have treated veterans horribly, but there has to be some good in the VA. If you all look back down this post, try to pick out one positive response....... You can't because no one has anything positive to say about the VA, yet there are people on this forum getting checks deposited into their accounts every month, so they must have done some things right.

Please don't take my post the wrong way. I am just coming from church and I kinda felt bad for the VA. :-) I am not coming down on the forum because I love this forum and have gained a wealth of knowledge here, but it seems the VA can't do anything right and that is not true because, again, there are people on this forum getting money deposited every month, so, they get some things right...right?

As John Wayne would say, "Howdy Pilgrim 01". I appreciate what you are saying and I wish it were so. I'll leave it like that, for now. As you may know, Hadit has a section on the forum board titled "Success Stories". You can find many positive responses there. I wish you well with your claim.

post-4811-1264386741_thumb.jpg

Edited by Commander Bob
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use