Extra Scheduler Review

[deanbrt]

Well, I guess I am pretty depressed right now. I was told today, the Director of C&Ps opinion was not favorable. I just don't understand. their own C&P exam of me was favorable and met the criteria. See below.

I just don't understand, Linda.It all seems cruel now. I was told verbally this morning that my file is in DesMoines and the opinion of the Director of C&P is not favorable, even in theface of a favorable C&P exam that is consistent with VA regulations and therule that the benefit of the doubt goes to the veteran. How can that be?

So now my appeal for secondary that has been all the way to CAVCand back over the course of 5 years goes yet again to the Board of VeteransAppeals, now along with this claim for IU. Meanwhile Our financial circumstancebecomes more desperate and my personal health even worse. My heart went out ofrhythm in August and I will see a cardiologist tomorrow at the Iowa City VAMC.They will probably recommend trying to shock it back into rhythm after puttingme on blood thinners to prepare for it…..

Dean Xxxxxxxxxx

xxxx Colxxxx Drive

Cedar Falls, IA 50613

Phone: 319-xxx-xxxx

Service Number and c file number: xxx-xx-xxxx

Thanks for any assistance you can provide.

It is theestablished policy of the Department of Veterans Affairs that all veterans whoare unable to secure and follow a substantially gainful occupation by reason ofservice-connected disabilities shall be rated totally disabled. Therefore,rating boards should submit to the Director, Compensation and Pension Service,for

extra-scheduler consideration all cases of veteranswho are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth inparagraph (a) of this section. The rating board will include a full statement as to theveteran's service-connected disabilities, employment history, educational andvocational attainment and all other factors having a bearing on the issue.

My C&Pservice examination in late April for my service-related injuries states thefollowing-

"Conditions considered for IU: bilateral knee conditions andvaricose veins…After review of the Veteran's pertinent records (C-file and STR)as well as most current medical examinations, diagnostics, and consults; withreview and examination of the Veteran and in light of most pertinent andcredible medical information and sources; IT IS AS LEAST AS LIKELY AS NOT THATthe Veteran meets the criteria to be considered solely and medically unable toseek and maintain gainful employment."

So, now my remanded appeal for secondary goes back to BVA with this IU claim. The secondary has two IMOs vetted by one of the best law firms in Washington and has been to CAVC once and remanded (prior to the IMOs). I have been told it will get large priority because it has kept the CAVC Docket Number. But it is still all so disheartening because the evidence for both in my favor is so dramatic. I go to the VAMC tomorrow. In addition to my other health issues I have now developed a heart condition. They want to put the paddles on me to shock it back into rhythm. In August i developed a pinched nerve in my neck that sent me to the emergency room and an MRI shows degeneration between C5 and C6.

Edited November 22, 2011 by Pete53
Redact personal information

[justrluk]

deanbrt -

You need to redact your SSAN and other personal info from your posts! I'd like to believe we're all great people here, but some unscrupulous passer-by could really do some damage to you with your full name, address, social, etc...

[deanbrt]

To whoever removed my info, thanks. I was pretty upset and did not realize I sent it...

[sharon]

Have you filed for Depression secondary to your knee condition?

[john999]

A depression claim is a good idea. If you are in severe pain and disabled that would make anyone depressed and it is all secondary to the SC bad knees.

[deanbrt]

My claim for secondary has TWO IMOs for depression and anxiety by board certified psychiatrists in their field that were reviewed by a well known Washington DC VA law firm for completeness to VA criteria and a third by the executive director of the mental health agency for the county I live in. I have come to feel that some of the statements made on Hadit about the ROs and getting to BVA as soon as you can have a lot of truth to them....

It just seems like the ROs role is to deny, almost without exception, and irregardless of the evidence, if the claim is significant.

I am pretty sick about the C&P opinion for extra scheduler, given the C&P exam results from April. Everyone I have talked to has said "as least likely as not" should have met their criteria and the vet gets the benefit of the doubt...

I have to go to my VAMC tomorrow for my heart and I guess I will tell them to go ahead with the paddles.

and

A depression claim is a good idea. If you are in severe pain and disabled that would make anyone depressed and it is all secondary to the SC bad knees.