Lots Of Issues

[chris1975]

I have a lot of questions? After waiting a year I recently recieved my rating back from the VA. There are all kinds of problems (I all ready requested a new rater and a face to face re-evaluation) but I need to know what do to get ready. This will be lengthy so I apologize. I was medically discahrged from the Marines in 1999. I went in with moderate A symptomatic pes planus. I was discharged for left foot planter faciitis and tight achillies. It is also notated for my right as well. This is the Aggravation of Pes Planus so I filed for it. The VA rater denied me and actually quoted my in service Dr. on June of 1998 as saying "flat feet not problematic" I have a copy of the medical record and what the Dr actually said was Flat feet not problematic previously." They did not set me up for a compensation and pension exam. I got Lyme disease while I was in and it was notated in my service records. I submitted 2 private IMO's including one from a specialist who said I have migraines, fatigue, memory issues, neck pain and polyarthtralgia from Lyme disease. The VA set me up for a 2 C+P exam's one with a Dr for Lyme disease and the other to test my memory. The Lyme disease Dr gave the opinion that my Migrianes started while in service and were not connected with Lyme disease but where service connected. He also gave the opinion that my neck pain was being caused by degeneterive disk disease and not lyme disease (the first time it was reported was at my follow up for Lyme.) The VA Dr gave the opinion that the polyarthralgia and fatgue could not be caused by Lyme but offered no alternative for cause. The VA made no mention of the Memory C+P exam though the examiner did tell me I was suffering from memory loss. The VA dr who tested for Lyme also tested my blood but that line was left blank on the results as well. I ws given another C+P examination to see if my arthritis in my hips and my knees was being caused by my planter Facsciitis back in OCT but it was not mentioned by the rater either. A letter I submiited from my family Physician said I suffer from 3-4 completley prostrating mirgraines per month. The Rater rated me at 0% because there was no evidence that my migraines are prostrating it is noted that letter was used in the evidence in the rating letter as well. Did I just get a bad rater or what? Any Ideas suggestions I am using the DAV and they do not seem to be to interested other then telling me to file an appeal. I could really use some advice. I do have DR. who is willing to help me.

[Pete53]

Chris:

It seems like it takes forever and it does take some time but you have a solid claim and you should win just hang in there.

Good Luck

[carlie]

After waiting a year I recently recieved my rating back from the VA.

There are all kinds of problems (I all ready requested a new rater and a face to face re-evaluation) but I need to know what do to get ready.

chris1975,

The Rating Decision you received recently, what exactly does it state in

the Reasons and Bases Section ?

How did you go about, "(I all ready requested a new rater and a face to face re-evaluation)" ?

carlie

[Commander Bob]

Good morning 'chris 1975'

You wrote "After waiting a year I recently received my rating back from the VA.

There are all kinds of problems (I all ready requested a new rater and a face to face re-evaluation) but I need to know what do to get ready."

JMHO... find a lawyer to represent you.

[Berta]

"I have a lot of questions? After waiting a year I recently recieved my rating back from the VA. There are all kinds of problems (I all ready requested a new rater and a face to face re-evaluation) but I need to know what do to get ready. This will be lengthy so I apologize. I was medically discahrged from the Marines in 1999. I went in with moderate A symptomatic pes planus. I was discharged for left foot planter faciitis and tight achillies. It is also notated for my right as well. This is the Aggravation of Pes Planus so I filed for it. The VA rater denied me and actually quoted my in service Dr. on June of 1998 as saying "flat feet not problematic" I have a copy of the medical record and what the Dr actually said was Flat feet not problematic previously."

That is a major error in their ability to read-

"They did not set me up for a compensation and pension exam. I got Lyme disease while I was in and it was notated in my service records. I submitted 2 private IMO's including one from a specialist who said I have migraines, fatigue, memory issues, neck pain and polyarthtralgia from Lyme disease. The VA set me up for a 2 C+P exam's one with a Dr for Lyme disease and the other to test my memory. The Lyme disease Dr gave the opinion that my Migrianes started while in service and were not connected with Lyme disease but where service connected. He also gave the opinion that my neck pain was being caused by degeneterive disk disease and not lyme disease (the first time it was reported was at my follow up for Lyme.) The VA Dr gave the opinion that the polyarthralgia and fatgue could not be caused by Lyme but offered no alternative for cause. The VA made no mention of the Memory C+P exam though the examiner did tell me I was suffering from memory loss. The VA dr who tested for Lyme also tested my blood but that line was left blank on the results as well. I ws given another C+P examination to see if my arthritis in my hips and my knees was being caused by my planter Facsciitis back in OCT but it was not mentioned by the rater either. A letter I submiited from my family Physician said I suffer from 3-4 completley prostrating mirgraines per month. The Rater rated me at 0% because there was no evidence that my migraines are prostrating it is noted that letter was used in the evidence in the rating letter as well."

Was that SC "0" or NSC "0". Obviously thst rating is too low.

"Did I just get a bad rater or what" They were either overwhelmed by pressure to get the claim done or they are illiterate.SOunds like Buffalo RO.

I suggest you ask them to CUE the decision as it contained so many errors and spell the errors out to them.

I was awarded by the BVA last April. 2 weeks later I got the VARO award letter.

I had to ask them to CUE it 3 times since getting it.

They finally got it almost right and they did resolve the main issue.a YEAR after getting the BVA award.

I had to get the big guns at the OGC to get them to pay me however-they awarded but didnt want to send the cash-

They finally did that too.

The award letters I got on ancillary issues were handled properly after all that.

I am preparing another CUE -asking them to CUE the 5th award letter =it is still wrong but I am still exhausted after that 7 year ordeal and hate to open the files.

Tell the DAV to get their thumbs out of their butts- this is a terrible decision and someone at the DAV should stand up and support that they CUE themselves and change it.

Did they even defer the hip and knee issue?

"it is noted that letter was used in the evidence in the rating letter as well."

Yeah they might have listed it but didnt use it.

Did I just get a bad rater or what? Any Ideas suggestions I am using the DAV and they do not seem to be to interested other then telling me to file an appeal. I could really use some advice. I do have DR. who is willing to help me.

[Berta]

Forgot to mention- the VCAA letter you received probably asked you for whatever you have sent to them- refer to that as well when you ask them to CUE their decision.

It is a disgrace and a travesty that these are the piss poor types of work from ROs that cause the backlog- if you file a NOD they are off the hook for a year or more on that- and so is the DAV-then if they deny after the NOD,and you file a 1-9 appeal they are off the hook again and so is the DAV because it will take probably 2 years or more before the BVA gets to it-

and the BVA will obviously have to remand it back to them anyhow- with all these errors.

So about at least 4 years have then passed allowing them all to forget all about this claim and the fact that the RO made so many errors and the DAV stood idly by, not attempting to help to correct them.

I suggest you go over your reps head for some help here - you arent asking for much- you are asking them to do their JOB- and then mention you will file a complaint under 14.633 38 USC with the General COunsel VA_ if the DAV maintains they are unable to provide adequate representation on this simple matter that reqires someone at VARO with the ability to read.

Nothing burns me up more than

1. getting a stupid decision like this one

2. and having a spineless vet rep condone it because they are too lazy or stupid themselves to try to help get it corrected.

(geeeez I used to be a nice person but after that education I got from AMU Marines- I want to go for the throat-when I see this level of incompetence.

[Berta]

Allan posted the whole reg here for 14.633 38 USC :

I was first claimant -per OGC-who ever filed this type of complaint under 48 USC 14.633 with them.

I am overjoyed at the results.

As long as any of us put up with deficient representation we are enabling and allowing these lousy reps to hurt other vets and widows and to cost them money.

The DAV is a Wonderful organization- it is their Service Officer program that gives them a bad name and yet they DO have some superb NSOs-who are forced to work side by side with idiots (just like the people in the ROs)

Edited June 4, 2010 by Berta