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.

[chris1975]

I am considering that does a lawyer make a lot of difference when dealing with the VA.

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.

[chris1975]

Thank you so much for the advice they did service connect my migraines so that is atleast a very small start. I also emailed a lawyer to see if they are interested in representing me. I will let you know what happens. :D

"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.

[chris1975]

Thank you so much I will file. I will ask you if I have any question if that is ok. :D

[chris1975]

I will have to check when I get home. :D There were so many issues was there any specific one I should quote. B)

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

[Hoppy]

Did they say what was causing the migranes that you were "0" %. Did they service connect the digenerative disc disease? If not why.

The reason I ask is because many of the conditions can be related to digenerative disc disease in the neck.

I have head pain, fatigue, blurred vision, diziness, pain in my neck joints, shoulder joint, wrists and fingers all caused by a C-4 disc injury.

[chris1975]

No they said the migraines started in service and said nothing more than the diagnoses for the neck issue mine is c5 and c6. I emailed a lawyer Friday I hope to hear back soon maybe they will take my case. My fear is getting jerked around for years. I have a job which I can barely do now and I wont be able to do in a few year (according to all the Dr's including the VA) so I need Voc Rehab. i requested a personal meeting with the RO and the DAV said it takes about 3 months to get that in my area. So I am hoping if I go in with a little fire power maybe the will bump me up 10% on the migraines (I should be 50) with the 10 on my feet I can get started with school full time. I have been going for the last year on my own out of my own pocket because I am running out of time. Once I get Voc Rehab i have nothing but time. I wont give up and I wont go away.

Did they say what was causing the migranes that you were "0" %. Did they service connect the digenerative disc disease? If not why.

The reason I ask is because many of the conditions can be related to digenerative disc disease in the neck.

I have head pain, fatigue, blurred vision, diziness, pain in my neck joints, shoulder joint, wrists and fingers all caused by a C-4 disc injury.