Dro Hearing

[john999]

I have a DRO Hearing in October regarding my upper extremity peripheral neuropathy secondary to DMII caused by exposure to AO. In reading the decision is does not even make sense. One doctor said that the neuropathy was secondary to DMII and one doctor said it wasn't . In the original De Novo review the DRO said that my neuropathy was not due to DMII because is preceded in by many years. However, the VA granted SC for the PN of the lower extremities. The history of my PN onset is the same for both upper and lower extremities. It is almost as if the VA just split the difference between the two doctors. I think that reasonable doubt exists as to the cause of my PN. Does anyone agree?

[Guest jstacy]

I have a DRO Hearing in October regarding my upper extremity peripheral neuropathy secondary to DMII caused by exposure to AO.  In reading the decision is does not even make sense.  One doctor said that the neuropathy was secondary to DMII and one doctor said it wasn't .  In the original De Novo review the DRO said that my neuropathy was not due to DMII because is preceded in by many years.  However, the VA granted SC for the PN of the lower extremities.  The history of my PN onset is the same for both upper and lower extremities.  It is almost as if the VA just split the difference between the two doctors.  I think that reasonable doubt exists as to the cause of my PN.  Does anyone agree?

<{POST_SNAPBACK}>

I have been waiting for over a year to have a DRO heraring for PN and HTN. It looks like the VA did split the difference. You need a good IMO.

[Guest terrysturgis]

John, was the Doctor that said PN was not due to DMII a VA Doctor or a real Doctor? I have not tried for upper extremity PN as I am appling for TDIU. I am 60% total now. DMII, PN lower, Tinnitus. I have filed a NOD for Hypertension as secondary to DMII. During my AO physical the VA doctor diagnosed lack of strength and feeling in both hands. I wanted to file right away but my SO said to wait for a decision on TDIU first. I agree with JSTACY that an IMO from an MD would help. Good luck! Terry Sturgis

[Guest Berta]

Terry asked the same question I was going to-

"one doctor said it wasn't " which one was the real doctor-on these opinions?

Seems to me you should bring up Relative Equipoise regs -

and also what possible rationale and etiology were mentioned in the negative medical opinion?

One MO for and one MO against -if of equal weight-used to mean the Vet wins. I think these people are trying to rewrite Title 38.

The negative opinion must have a full basis as well as the positive one-

If they are weighed as both of equal merit the vet shound win.

However- the VA owns the scale they use and -you know Blind Justice? the woman with the scale and blindfold?

When VA weighs your evidence they kick her in the knee so that -unless the vet combats this sufficiently -they will NOT give your claim the Benefit of the Doubt- 38 USC 5107 (B)-

when the evidence has an approximate balance of positive and negative merits, the veteran will receive Benefit of the Doubt.

Also when all evidence is considered and a "reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant." 38 CFR 4.3 (2004)

See Caffrey V Brown-

(the VA has to CUE itself in some cases if the significant evidence was not used to apply Benefit of Doubt Doctrine)

[AtEase]

VA conceded SC for the lowers, so it is a mystery to me why they didn't include the uppers, especially since the two started at the same time. But let sleeping dogs lie, and purposefully don't mention the lower PN.

It is highly probable that the DM2 was not diagnosed at its onset; you might even remember that the PN symptoms led to the diagnosis. DM2 can be damaging the body for years, undetected. You need a follow-up letter from the supportive IMO doctor that states it remains his/her opinion that the DM2 caused the PN, as no other etiology is plausible [assuming none is]. But if it were true that the PN was not caused by the DM2, then it still should be rated as secondary, because DM2 more than likely is aggravating the upper PN.

Secondary conditions can be rated if caused by OR if aggravated by a service-connected condition.

[john999]

I got SC for the upper extremities through the DRO. It was a deal and my wife's testimony helped I think.

[AtEase]

Sorry, I didn't notice this was from an older post.

Congratulations on the win! Good reason to never overlook a spouse's contribution to the process.