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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Va Training Manuals


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My claim for Raynauds disease secondary to discord Lupus erythematosus was turned down by the VA. The C&P doctor stated that in my opionion is that it is not secondary to DLE. Raynauds phenomenon may be associated with Lupus but it is not caused by it. IN the VA training manual it states,( In Raynaulds disease there is no underlying cause. This is the milder form, And it usually affects both hands and feet. In raynauds Phenomenon. Altjough the signs and symptoms are the same an underlying cause is known. one of the causes include LUPUS ERYTHEMATOSUS). I DONT UNDERSTAND THIS. ( ANY SUGESTIONS).

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  • HadIt.com Elder

"Can the C&P examiner change the rules that govern the rating system?"

Only an amendment to 38 USC can do that. And these rating schedules do change once in a while and we post that info here.

" What is the Training Manual for!!!!!!!!!!! BS. "

As much as VA uses 38 USC,CFR and M21-1 and training manuals and letters against us-

we can use all those regs against THEM!!!

If the enemy attacks ,no sense in making a frontal assault without retrieving the enemy's weapons and using their ammo against them.

It is the same principle.

I feel you have a very valid claim here and you can see athadit how many very valid claims the VA denies and then we have to fight back.Everyone here gave you good advise.

"I will wait until my other claims are finished before filling a NOD OR RECONSIDERATION. "

Mark your calendar for the NOD cut off date.

I had the same concern myself-I kept asking the VA to CUE itself on an award letter I got- I received some ridiculous responses.

Meantime my AO IHD claim at a different VARO could overcome any need for NOD but time was running out so I just mailed them the NOD and asked them to correct their errors in it which I also listed.Almost every sentence was wrong.

I specifically asked them -in the NOD- to answer a question that impacts on ALL widows and widowers of SC vets.

The question arose from what they didn't do in the award letter.I have a past BVA decision to back mysef up as well as 38 USC,CFR,M21-1 etc etc.

I ended by saying if they cannot answer that question then I will ask the same question of the new House Veterans Affairs Committee.

I was worried that this NOD would cause them to pull my AO claim back from Phila and if they do I will get on the phone with NVLSP right away-

They better not do that. Then again the Buffalo VARO takes about a year to go over the NODs that are color coded by receipt date and they dont usually read most of them for at least a year so I might have had no real concern at all.

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HELLO, Again I just don't beleive what my VA REP tells me, I called and told him that I had new evidence in support of the claim concerning the DENIAL for RAYNAUD'S DISEASE, I told him I will wait until my other claims were finished, He said NO bring the evidence in right away and he would fill the reconsideration or NOD. Now if I am correct this will hold up my other claims, I took his advice before hesitantly, He said that my claims would not be held up on other issues, We filed the claim, And sure enough my claims were held up. Don't get me wrong I think there are some good VA REPS out there, But when I got the first rejection for the claim for RAYNAUD'S DISEASE being secondary to DLE, I told one other VA REP that the decision was wrong and he replied , YOU CAN'T fight the doctor (C&P examiner). Even though he was a trainee its no excuse for a !!!!!!!! statment like that. I do have another VA rep but I am also leery of him also. WHAT THE ?

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You are not the first person to be dissatisfied with their VSO "rep", and I doubt you will be the last. Some advocate doing your claim yourself and not use the rep.

I would exercise caution in waiting too long to file NOD. YOu get busy, you forget, and whosh..the year goes by. At a minimum, type up the letter, know exactly what it is to say, and have it ready to mail. My experience is the 5P's usually works: Proper Preperation Prevents Poor Perfomance.

You can use this time to research CAVC or BVA case law pertaining to it, you can also study your own medical records. There is some truth to what your rep said about fighting the docs opinion, but there are at least 3 ways to fight an "adverse" C and P medical exam:

1. Ask for another doctor, at the VA, and you can ask him if he thinks there is a definate link between these conditions. That is, ask him if he will provide a "nexus". If he will not, then you can still do items 2 or 3.

2. Get an Indempendent Medical Opinion.

3 Get an Independent Medical Exam.

Your rep is right that an "unrebutted" adverse medical exam is likely going to lead to a denial. But there are other doctors, both in and out of the VA. (Sometimes docs dont want to go against their peers) ONLY a qualified medical professional can rebut an adverse medical opinion. Even a judge can not substitue his own opinion for that of a doctor who examined you.

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I called and told him that I had new evidence in support of the claim concerning the DENIAL for RAYNAUD'S DISEASE,

scraper,

What did the Reasons and Bases state to support the denial ?

What exactly is "the new evidence" you have in support of a grant ?

Remember, what we sometimes think is new evidence is really what VA

will say is cumulative evidence merely stated by a different medical professional.

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  • HadIt.com Elder

"He said NO bring the evidence in right away and he would fill the reconsideration or NOD"

I agree with him- let him see the posts I made to you here that contain some medical links----

He is right on the ball if there is time for the Reconsideration Request!

It doesn't stop the NOD clock but it could possibly produce a better and faster decision.

I think your claim can succeed.

I just hope it wont require a costly MO.

"I told one other VA REP that the decision was wrong and he replied , YOU CAN'T fight the doctor (C&P examiner"

Stay away from him -he doesn't have a clue.

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