Somethings Not Right With This Rating.

[allan]

After more than a decade on appeal with the BVA, they granted SC for my shoulder issue. They ordered an IMO from the orthopedics clinic I went to at the VAMC in 2009. The Dr opined that the shoulder issue is service connected for arthritis, chronic pain and limitation of motion.

The claim was than remanded to the VARO to be rated.

The Rater granted 10% for arthritis, nothing for chronic pain or limitation of motion and awarded retro for the arthritis (10%) back to 1995.

A month later they ordered a C&P examination from QTC to determine the extent of disability of the shoulder issues. The QTC examiner found I also have rotator cuff syndrome due to the SC injuries and ordered an MRI.

My SO informed the VARO rater that all my secondary issues I’ve been claiming since 1995 are claims for increase, further confusing the situation.

I've found out anything I send him in writing, he holds and does not turn into the VARO according to him.

I sent in an NOD to try to resolve everything. The VARO responded with, I need to choose between a DRO review or be re-rated through normal review.

Since my last DRO review took four yrs to complete and all I got out of it was an SOC and SSOC rubberstamped just like the first denial the DRO did when he was a rater, so I chose normal rating process.

I've now received a letter from my SO requesting all correspondence with the VA go through him only. How do I do this after he has already informed me he holds everything I’ve send in writing and just talks it over with the RO as he wishes?

I realize my brain doesn't work right & I need someone, but I know something is not right with the way my claim is being handled.

Why does the RO grant 10%, than order all the C&P's to determine what the disability should have been granted in the first place, unless it is to cheat you out of the decade retro you’re entitled to?

I feel after the BVA ordered the RO to rate the claim they granted, the RO should have requested the C&P's than rate according to the findings of the examiner. My SO completely disagrees.

If anyone can help me sort this out and understand the process better, please comment.

[*Bergie*]

After more than a decade on appeal with the BVA, they granted SC for my shoulder issue. They ordered an IMO from the orthopedics clinic I went to at the VAMC in 2009. The Dr opined that the shoulder issue is service connected for arthritis, chronic pain and limitation of motion.

The claim was than remanded to the VARO to be rated.

The Rater granted 10% for arthritis, nothing for chronic pain or limitation of motion and awarded retro for the arthritis (10%) back to 1995.

A month later they ordered a C&P examination from QTC to determine the extent of disability of the shoulder issues. The QTC examiner found I also have rotator cuff syndrome due to the SC injuries and ordered an MRI.

My SO informed the VARO rater that all my secondary issues I've been claiming since 1995 are claims for increase, further confusing the situation.

I've found out anything I send him in writing, he holds and does not turn into the VARO according to him.

I sent in an NOD to try to resolve everything. The VARO responded with, I need to choose between a DRO review or be re-rated through normal review.

Since my last DRO review took four yrs to complete and all I got out of it was an SOC and SSOC rubberstamped just like the first denial the DRO did when he was a rater, so I chose normal rating process.

I've now received a letter from my SO requesting all correspondence with the VA go through him only. How do I do this after he has already informed me he holds everything I've send in writing and just talks it over with the RO as he wishes?

I realize my brain doesn't work right & I need someone, but I know something is not right with the way my claim is being handled.

Why does the RO grant 10%, than order all the C&P's to determine what the disability should have been granted in the first place, unless it is to cheat you out of the decade retro you're entitled to?

I feel after the BVA ordered the RO to rate the claim they granted, the RO should have requested the C&P's than rate according to the findings of the examiner. My SO completely disagrees.

If anyone can help me sort this out and understand the process better, please comment.

Allen,

Wow, you contribute so much to this website. I'm honored to try to help you. I would send an IRIS and tell them what's going on, and your concerns. See what they say, I know I've had good luck. I would also find out who is you SO's boss and inform them of the situation. I know at the DAV they have a supervisor incharge of the entire office. There are options so hang in there. I'm sure others will chime in here.

Take care,

Bergie

[allan]

Thanks everyone for all the advice and replies.

All the VARO had to do was rate according to the IMO the BVA already obtained from the Dr at the VAMC orthpedics clinic in Dec 2008.

Thats what the BVA gave them instructions to do in May 2009 after granting SC.

I see now that they ignored evidence in the BVA IMO of loss of range of motion. They did rate for pain, but it was combined, not added.

Its the part that they told my SO they ordered their own IMO from QTC examiner to determine the degree of injury after they issued a rating on the shoulder. The SO said they did this because he told them my claim was a claim for increase.

How can it be a claim for increase, if the BVA just now granted SC & ordered the RO to rate it?

Not only that. Since they now considered it a claim for increase, they re-examined me for "ALL" service connected granted issues I've had approved since 1995 thanks to my SO. My guess they were looking to reduce whatever they could. He said its maybe for TDIU, but he never checked.

I'm only recieving 40% with no pension but I'd bet money they hate the thought of me getting 50%.

I had mentioned to my SO that the VA gets things so screwed up and I gave an example, that in my health records that there was an false entry that I had a prostate problem. I told him I've never had a prostate problem so I was going to get the false entry out of my records.

Well, the VA called me in for a re-examination for my hearing loss and tinnitus, thats what QTC said the exams were for in the paper they sent. After those exams, the Dr says the VARO also ordered a prostate exam,(not in the pre-examination letter). I said I refused to take it since I have entry after entry that I do not have a prostate issue. I also told the Examiner I don't have a claim in the system for it either.

He said I would have to sign a waiver or take the test. I said let the rater take the test and i'll sign the waiver. He also did a neuro workup.

Now the only one I ever had a conversation about this false entry in my health records about the prostate was MY SO just prior to the C&P.

It could be just coencidental I suppose. Or it could be he talks to the RO more than I want him to, without checking with me first.

I'm not sure if another IMO would help.

I already have the one the BVA ordered & the RO picked only what they wanted to rate out of that. I also have the QTC C&P that was performed (after) the RO rated in Feb 2010, that I believe will be very detailed with the MRI of the shoulder the examiner ordered,(rotator cuff inpingement) & the limitation of motion he clearly commented on was severe.

My major beef is this should have all been done after the BVA granted SC and ordered the RO to rate it. And all the shoulder conditions should have been retroed back to 1995 when I first filed, not just the 10% for arthritis of the shoulder. This is why I have requested a NOD.

I don't believe its a matter of error the way this is being processed. If it is, they do all they can to make themselves look bad and for us not to trust them.