60 Days To Disprove Decrease

[ferris7060]

I have posted recently about several things wrong with my IU decision, it's complicated, and a confusing mess. So, I wanted to start on new topic to concentrate on a very serious part of the decision. I was diagnosed and discharged from the Army back in 2004. I did not want this and tried to avoid it, but doctors believed that my Raynauds (a circulatory disorder that causes my hands (and occasionaly my feet, nose, ears) to lose circulation, turn white, red, and sometimes grayish/purple. It is very painful and burns as the blood returns. Anyway, I was diagnosed for this by Reumatologists MANY different times between 2003- 2005. I had test after tests and all came back severe Raynauds Phenomenon. I tried many medications, some just plain did not work, others elevated my blood pressure (already service connected for hypertention, the last thing I needed was to elevate it more. And some caused severe leg cramping. (all results noted in my record by doctors). The last Rheumatology appt I had for Raynauds was back in 05. The doctor told me that we had tried everything and medication for this was not going to work for me. He told me that lifestyle change would be the best treatment. Wear gloves outside and inside if needed, limit outdoor activities in the winter to 5 minutes, shower in luke warm water rather than hot, use napkins or gloves when handling cold objects (especially metal), avoid any sudden temp changes even in the summer, and always layer my clothing. I have continued to do all these things and mention so whenever asked about Raynauds.

In 2005, my Raynauds went from temporary to permanent, and I have naver heard a thing about it since. To me, it seemed rediculous to make regular appts for this when I've already been told there is nothing they can do for me. (I guess I see now why I should have done just that regardless). My Raynauds has never changed for any extended period of time. I have the occasional week or two (in the summer) where I have less attacks, but it always returns to daily, in the winter its often several in a day). The examiner wrote everything I said about all the precautions I have to take, and all sounded good, until he wrote that attacks happen once a week. They proposed a reduce from 40% to 10%.

I have 60 days to prove otherwise or it will be gone. 2 weeks have already passed. I CANNOT get into a Rheumatologist appt. in Maine in that amount of time. I have tried and tried. I have an appointment with my primary doctor Wed. to get a referral (none will see me without one), but I've already spoken to the VA rheumatology office, and they said they'd try, but couldn't promise an appt. in that time period. Because it really does happen EVERYDAY I have thought about taking pictures of my fingers (they get very clearly discolored) on top of a dated newspaper to show the frequency, but my VSO doesn't think they'll go for that. I would get an opinion from my doctor, but he's a stubborn old school vet who doesn't think anyone should be compensated for anything...ever, especially someone my age. ( I live in Bangor Maine, we only have a couple VA docs).

Is there ANY WAY to get additional time to prove this? Its so unfair to have them give 60 days when I can't be seen in that amount of time. I can prove my Raynauds anytime and anyplace. It is so bad that if I wash my hands in cold water I get an attack. If a rheumatologist saw how easily I get an attack they would automatically know there would be no way to prevent it from happening daily. If they reduce me to this extent, I could lose my house.

[Hoppy]

Surround them with evidence. Use every argument you have. The quality of the exam to reduce is an issue. However, I would not bet all the marbles on the length of the exam to reduce. There is more going on than the length of time of the exam. Your focus on the "ordinary conditions of life" is good. However, it might need some bolstering as Iidentified later in this post.

I have not read anything about the first exam. However, it is very possible the first examiner reported subjective complaints that meet the criteria for 40% and the two exams they are using to reduce were not a proper representation of your subjective statements as to the frequency of daily attacks. Because they are using two exams and they have interpreted these exams to show an improvement, it is more important to focus on the inadequacy of the reporting of your symptoms rather than any blanket attack based on the length of the exam.

The examiner's one misrepresented sentence that your attacks are once weekly, rather than daily, needs to be addressed as specifically being a misrepresentation of what you told the examiner. Using the three paragraphs explaining your ongoing battle with the disease does not override the first sentence addressing frequency of attacks. The doctor just noted what you are doing. I would not count on the VA to give consideration to the steps you take to prevent the attacks without medical justification. If they continue with the reduction despite your argument that the attacks are daily and you think the steps you take are an issue, I would recommend that you get a medically approved management plan prescribing the steps you take.

Raynaud's is a vascular disease. So is angioedema. At this point in my life angioedema can kill me. My symptoms progressed from mild to life threatening over a period of ten years. I have required emergency life saving treatment in an ER on 20 occasions. I went to great lengths to explain the steps I had to take to control the disease. Nobody listened to me until I obtained a medically prescribed management plan explaining the restrictions I need to take to manage the disease.

The doctors wrote reports explaining to the VA that I cannot work in buildings and I need to leave any environment including open air environments where I smell any odor or when I see chemicals being used. The doctors noted that asking people what chemicals are in use or reading labels is not adequate due to the fact that when chemical are combined they form other unidentified chemical compounds. I had this management plan reviewed and updated ten years after the first such plan and obtained an opinion that my condition would not expect to improve at anytime during my lifetime. Additionally, the doctors said that any experimentation or testing to determine whether or not the condition had improved could kill me and was not recommended. This stopped future exams.

Edited September 17, 2011 by Hoppy

[ferris7060]

Im glad it helped.

Do not let the Va buffalo you into thinking you have to submit to the reductions. They want you to give up. Instead, knowledge is power.

The VA has to show "actual improvement"...did your condition improve since you were awarded (or continued) benefits? Did this "actual improvement" happen and then there was another VA decision which continiued your present rating?

Read Katrina Eagles article over thoroughly, and, you are right, apply it and it will probably save your house.

I'm going in first thing Monday to request the hearing. Them that will give me the time to get into the Rheumatologist. When I was in the military I went every morning, as requested by a Rhematologist) and showed them my hands- morning dampness brings it on everytime. He noted each day that attack was present. What I really need is the same commitment from my physician, but I'll never get it. I could show it daily until the hearing simply by not wearing gloves and driving there.

Knowledge IS power. Although I hate the situation, and I'm horrified that it might not give me the results I need, I still really enjoy looking up the laws and finding the ones that fit my situation. I can see now why people on here continue to post and help long after thier own battle is won.

[ferris7060]

Surround them with evidence. Use every argument you have. The quality of the exam to reduce is an issue. However, I would not bet all the marbles on the length of the exam to reduce. There is more going on than the length of time of the exam. Your focus on the "ordinary conditions of life" is good. However, it might need some bolstering as Iidentified later in this post.

I have not read anything about the first exam. However, it is very possible the first examiner reported subjective complaints that meet the criteria for 40% and the two exams they are using to reduce were not a proper representation of your subjective statements as to the frequency of daily attacks. Because they are using two exams and they have interpreted these exams to show an improvement, it is more important to focus on the inadequacy of the reporting of your symptoms rather than any blanket attack based on the length of the exam.

The examiner's one misrepresented sentence that your attacks are once weekly, rather than daily, needs to be addressed as specifically being a misrepresentation of what you told the examiner. Using the three paragraphs explaining your ongoing battle with the disease does not override the first sentence addressing frequency of attacks. The doctor just noted what you are doing. I would not count on the VA to give consideration to the steps you take to prevent the attacks without medical justification. If they continue with the reduction despite your argument that the attacks are daily and you think the steps you take are an issue, I would recommend that you get a medically approved management plan prescribing the steps you take.

Raynaud's is a vascular disease. So is angioedema. At this point in my life angioedema can kill me. My symptoms progressed from mild to life threatening over a period of ten years. I have required emergency life saving treatment in an ER on 20 occasions. I went to great lengths to explain the steps I had to take to control the disease. Nobody listened to me until I obtained a medically prescribed management plan explaining the restrictions I need to take to manage the disease.

The doctors wrote reports explaining to the VA that I cannot work in buildings and I need to leave any environment including open air environments where I smell any odor or when I see chemicals being used. The doctors noted that asking people what chemicals are in use or reading labels is not adequate due to the fact that when chemical are combined they form other unidentified chemical compounds. I had this management plan reviewed and updated ten years after the first such plan and obtained an opinion that my condition would not expect to improve at anytime during my lifetime. Additionally, the doctors said that any experimentation or testing to determine whether or not the condition had improved could kill me and was not recommended. This stopped future exams.

Your right, I should have had a management plan all along. I do feel completely ignorant that I didn't see this coming. I felt that I was doing what the last Rheumatologist I saw told me to do, and symptoms had not improved, so that was it, just live my life. The lesson is learned that when dealing with the VA always have proof, proof, proof. I'll do the best I can to turn it around. If it does get taken I will have more proof then I would ever need to get it back- but it will be a lengthy process.

[Philip Rogers]

ferris - I suggest you keep a daily diary of the effects/symptoms. It only takes about 10-15 minutes a day. Also you could photograph your hands daily w/a digital camera, for use as evidence. jmo

pr