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Tired of fighting red tape

Cp Examiner Did Not Put In Full Report

Question

Helo I had a C/P exam with my wife present about SC Migraines I was up for an increase. I explained that I have been to ER atleast twice recnetly and numerous times before due to my SC migraines. I also told him that I had hpertension headaches while on active duty in USMC that corpsman documented in my medical records. I am on oxygen theraphy which has seemed to help but still I had more than 7 headaches last month alone my Hypertension has been high I am stressed out with fighting so I wrote up what the C/P exam left out with the dates and facts and submited them today. I was angry that the C/P nurse tried to state I had headaches while in National Guard not while I was on active duty indicating headaches occured before I was in USMC. My claim was denied and I requested a DRO officer to hear my claims in person but I had the thought the way the VA will twist the facts around did I jump the gun? I just want the facts that are there to be noted. I am on 4 different Hypertension and heart medicine for an enlarged heart also SC @ 60% I have a total rating of 90% and I wanted the record to be true not the way the VA C/P exam seemed to lead my claim. Any Ideas on this if anyone had results with this effort. I had my last chance for a DRO hearing before my denied appeal goes to BVA. I cannot wait on another claim to go through. Thanks again

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If you already had the DRO hearing they should have issued a SSOC which gave you a response period to rebutt anything you felt was inaccurate.

On the I-9 formal appeal form you also can raise this issue as to the facts of the claim.

"Any Ideas on this if anyone had results with this effort."

I succeeded in all of my claims so far by knocking down C & P quacks- oooops I mean VA paid doctors.

But for my last claim I obtained 3 IMOs as well as I prepared my own rebuttals to negative C & Ps.

This is how most of us here have succeeded in our claims. Our medical evidence outweighed any negative C & P opinions.

But these days it is almost impossible to get a favorable decision without an IMO for many disabilities.

The VA raters must justify every award they make with medical evidence.It looks like their facts are wrong here and they didnt consider some critical evidence.

Did you raise that in your NOD?

My last claim went to the BVA.On remand I continued to send to the BVA additional evidence and knocked down a lousy PA C & P exam (the BVA had ordered a cardio exam but I got a PA).

I also sent the BVA all medical evidence the VARO at that point had completely ignored in the 6 years since filing the claim and continued to send them evidence until they awarded.

You need to make sure the issues are quite clear in any rebuttal you make and also on the I-9 form.

Any inaccurate C & P exam should be rebutted in my opinion-otherwise it indicates you have accepted something that is not correct.

I had many lousy C & P opinions over the years to deal with.

I went through them word by word, line by line, calling attention to any factual or medical statements that were wrong.

I also used basic common sense.

And I supported my lay rebuttals with the actual med recs and also established medical principles.

This can be miserable work to do and I regret that any disabled vet has to do it but ,unless they obtain a strong IMO, in many cases the VA will still continue to deny.

Are you still employed at 90%?

If not have you filed for TDIU?

Edited by Berta

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Thanks I had appealed the claim after the VA turned down my claim after the Doctor who wrote the letter stating I was unemployable due to my SC back. I went for a DRO hearing to bring up the facts I had already submited but for some reason the VA keeps denying my IU claims. Even though I was not in the VA system when I was retired but after 4 years I was medicialy SC for Migraines one of the reasons I was retired but it has been over 10 years since I was retired from my Civillian Job and more than 1 year since I was SC for migraines Secondary to my SC Hypertension.

On the I-9 form I had to apply within a certain period so I went ahead and submited the form stating that I am Medicaly disabled from my SC back rated at 40% and migraines @60% Heart Disease rated @60% Hypertension 10% Bilateral Nerve damage both legs from SC Back 10% each totaling 90% I can read and know that I can be rated P&T with my Doctors A/A forms and the fact I have arthritis so bad up my entire spine but the VA has everything but a stool sample and still they deny me. I have really bad anger and depression dealing with the VA will cause a person to really understand how people snap. I take one day at a time and this forum has helped but the VA SOC said that I was not disabled as a result of my SC back but they ignore the fact I was retired in part because of SC migraines and I submited that if I were not bald I would pull my hair out.

Thanks for replying you and many others help a lot of Veterans I called the 1-800 VA line to inquire about my request for a DRO hearing at my VARO as the IRIS system keeps rejecting my emails. They gave me a refference number and maybe in 5 Days or so I might get an answer. I know thw VA is hard to fight but I will not give up. I have a claim that is over 9 years old on remand from BVA to the VARO I won it there because of incompetance of my VARO. Sorry to post so much but the ground work is there pure medical evidence that links everything medically by IMO from 2 different Doctors 1 In VA 1 Outside the VA and still they say nothing Time for me to go laydown and practice breathing I get worked up seeing others like myself get the shaft Hanging on and fighting Adios and thanks to all other vets that stick together

If you already had the DRO hearing they should have issued a SSOC which gave you a response period to rebutt anything you felt was inaccurate.

On the I-9 formal appeal form you also can raise this issue as to the facts of the claim.

"Any Ideas on this if anyone had results with this effort."

I succeeded in all of my claims so far by knocking down C & P quacks- oooops I mean VA paid doctors.

But for my last claim I obtained 3 IMOs as well as I prepared my own rebuttals to negative C & Ps.

This is how most of us here have succeeded in our claims. Our medical evidence outweighed any negative C & P opinions.

But these days it is almost impossible to get a favorable decision without an IMO for many disabilities.

The VA raters must justify every award they make with medical evidence.It looks like their facts are wrong here and they didnt consider some critical evidence.

Did you raise that in your NOD?

My last claim went to the BVA.On remand I continued to send to the BVA additional evidence and knocked down a lousy PA C & P exam (the BVA had ordered a cardio exam but I got a PA).

I also sent the BVA all medical evidence the VARO at that point had completely ignored in the 6 years since filing the claim and continued to send them evidence until they awarded.

You need to make sure the issues are quite clear in any rebuttal you make and also on the I-9 form.

Any inaccurate C & P exam should be rebutted in my opinion-otherwise it indicates you have accepted something that is not correct.

I had many lousy C & P opinions over the years to deal with.

I went through them word by word, line by line, calling attention to any factual or medical statements that were wrong.

I also used basic common sense.

And I supported my lay rebuttals with the actual med recs and also established medical principles.

This can be miserable work to do and I regret that any disabled vet has to do it but ,unless they obtain a strong IMO, in many cases the VA will still continue to deny.

Are you still employed at 90%?

If not have you filed for TDIU?

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"but for some reason the VA keeps denying my IU claims" Their specific reason for denial must be in the decision.

If we knew exactly why they denied IU we might be able to help more.

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Helo I had a C/P exam with my wife present about SC Migraines I was up for an increase.

When you went for this C&P were you currently SC'd for Migraines ? - If yes, what diagnostic code (DC)

did they have you rated under for this disability and at what percentage ?

(My guess would be DC 8100 - but there are times this could be rated under a different DC.)

I explained that I have been to ER atleast twice recnetly and numerous times before due to my SC migraines. I also told him that I had hpertension headaches while on active duty in USMC that corpsman documented in my medical records. I am on oxygen theraphy which has seemed to help but still I had more than 7 headaches last month alone my Hypertension has been high I am stressed out with fighting so I wrote up what the C/P exam left out with the dates and facts and submited them today. I was angry that the C/P nurse tried to state I had headaches while in National Guard not while I was on active duty indicating headaches occured before I was in USMC.

Oxygen therapy is not a factor that is considered in the criteria for percentage evaluation of migraines.

Also, if migraines were already SC'd - it's irrelevant as to what the nurse stated about National Guard and yada - yada.

I had my last chance for a DRO hearing before my denied appeal goes to BVA. I cannot wait on another claim to go through. Thanks again

Regarding the issue/s you are posting, what were the reasons given in your Rating Decisions/SOC/and any SSOC's for their decision ?

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