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scraperhand

Question

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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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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"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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HELLO, CARLIE AND ALL THE WONDERFUL VETS OUT THERE, As far as the reason for denial of my claim for RAYNAUD'S PHENOMENON I had a bad C&P examiner, There were no test done, the va examiner just looked at my records ask me a few questions, And did not put what I said on paper during the exam, Some of the questions that was ask were. Are there effects of the problem on the following daily activities? NO (i said yes) Is exercise or exertion precluded by the condiction? NO, (I said yes) ECT ECT ECT BS. ALSO the examiner stated, IN MY OPINION IS THAT IT IS NOT SECONDARY TO HIS DLE. RAYNAUD'S PHENOMENON MAY BE ASSOCIATED WITH LUPUS BUT IS NOT CAUSED BY IT. MY NEW EVEIDENCE OF SUPPORT, Will be what I pull off the internate, Like the va training letters, and the research done by National Heart Lung and Blood Institute, ECT ECT ECT. (THANKS FOR THE HELP EVERONE). ALSO a copy of a letter that my VA doctor gave me in support of my claim, That states Discord Lupus is but one category of skin lessions that can occur in patient with lupus. There is some overlap. Patients with Discord lupus have a predominance of symptoms that do not involve internal organs. Discord Lupus can be a slowly progressive diease with joint sysptoms such as pain, stiffness and swelling. Raynaud's phenomenon is also in patients with lupus. IT IS AS LIKELY AS NOT THAT RAYNAULD'S PHENOMENON AND HIS JOINT PAIN TENDERNESS ECT ECT ECT ARE DUE TO HIS SERVICE CONNECTED CONDICTION OF DISCORD LUPUS. HIS DISABILITY SCORES OF 1.0/10-3.67/10 ARE RELATED TO HIS ARTHRITIS. (THE SCORES I DONT NO WHAT THEY MEAN). TITLE (MD MS RHEUMATOLOGY SECTION). I submited this to my VA rep today, He said that a reconsideration will be the next move and also we will watch for the NOD date, He also stated that the doctor did a DAMM GOOD JOB. ( I HOPE THAT THIS NIGHTMARE WILL SOON BE OVER). PS I HOPE THIS HELPS SOME OTHER VETERAN.

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