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Put To Many Issues On One Claim?


Papa

Question

The below claim was submitted on 2-16-2010. I had a C&P exam around June 2010 (it was a joke). Currently, in Ebenefits it shows that it is in "Gathering Evidence" stage. I did submit a form that I had no more evidence with return receipt. Could the VA be looking for more evidence to deny my claim? Just hard to understand why it is taking so long. My hobby is getting boring.

Papa

mitral sclerosis (Secondary), left atrium enlarged (Secondary), aortic root dilated (Secondary), multi risk factors for CAD (Secondary), hyperlipidemia (Secondary), erectile dysfunction (Secondary), cavovarus feet (Secondary), sleep apnea (Secondary), venous stasis (Secondary), later column overload (Secondary), lack of blood circulation of lower extremities (Secondary), all other related ailments (Secondary), unemployability (New), lumbar pain secondary to lower back imjury (New), Right lumbar radiculitis secondary to lower back pain (New), greater trochanteric bursitis right hip secondary to lower back pain (New), Arthritic pain of the lower back, right hip and bilateral knees secondary to lower back pain (New), mtltilevel spondylosis with 3cm disc bulge as L4-5, facet arthrosis at L5-S1 and mild stenosis secondary to lower back p (New),

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A distinct possibility is that the C&P exam is deficient. My limited experience has been that when something comes in that allows a rating on one item that they do it (take the work credit) and deffer the other items. You list a lot of things as secondary which probably has them confused.

My experience has been that they really only can figure one thing out at a time, the secondary conditions I have they always seem to ask the C&P examiner how it relates to anyother SC condition but the one I told them it was connected to.

Best regards,

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To answer your specific question Put To Many Issues On One Claim?, what you listed really isn't all that much. Really. Trust me.

It's far better to list what you feel might be too many issues with the initial claim rather than keep adding issues throughout the claims process. Adding issues after the initial claim just clouds all issues and makes determining effective dates somewhat more difficult.

Also, some of your 'too many issues' are the same issue, or would be rated as one issue. For example, cavovarus feet (Secondary) and later(al) column overload (Secondary) , if service connected, likely would be addressed as one single issue (or two issues if bilateral). Likewise, lumbar pain secondary to lower back imjury (New) ... mtltilevel spondylosis with 3cm disc bulge as L4-5, facet arthrosis at L5-S1 and mild stenosis secondary to lower back p (New), if service connected, would be evaluated as one issue. Finally, venous stasis (Secondary) .... lack of blood circulation of lower extremities (Secondary) likely would be address as one issue (or two if bilateral).

It's not clear to me what the primary reason for service connection on a secondary basis for mitral sclerosis (Secondary), left atrium enlarged (Secondary), aortic root dilated (Secondary), multi risk factors for CAD (Secondary), hyperlipidemia (Secondary), erectile dysfunction (Secondary) ... venous stasis (Secondary) .... lack of blood circulation of lower extremities (Secondary), all other related ailments (Secondary), Was it exposure to Agent Orange while serving in Viet Nam? Do you have a diagnosis of ischemic heart disease?

As you had a CP&E in June 2010, which you stated was a joke, it makes me suspect that only few of your specific issues were deemed - at that time - to be even possibly related to your service.

Other than bureaucratic inertia, the only reason I can guess why nothing has been done since June 2010 is that someone in your VARO may have asked St. Louis Records Management to do a daily report search on your behalf. These can take an incredibly long time. But, this is merely a guess.

The below claim was submitted on 2-16-2010. I had a C&P exam around June 2010 (it was a joke). Currently, in Ebenefits it shows that it is in "Gathering Evidence" stage. I did submit a form that I had no more evidence with return receipt. Could the VA be looking for more evidence to deny my claim? Just hard to understand why it is taking so long. My hobby is getting boring.

Papa

mitral sclerosis (Secondary), left atrium enlarged (Secondary), aortic root dilated (Secondary), multi risk factors for CAD (Secondary), hyperlipidemia (Secondary), erectile dysfunction (Secondary), cavovarus feet (Secondary), sleep apnea (Secondary), venous stasis (Secondary), later column overload (Secondary), lack of blood circulation of lower extremities (Secondary), all other related ailments (Secondary), unemployability (New), lumbar pain secondary to lower back imjury (New), Right lumbar radiculitis secondary to lower back pain (New), greater trochanteric bursitis right hip secondary to lower back pain (New), Arthritic pain of the lower back, right hip and bilateral knees secondary to lower back pain (New), mtltilevel spondylosis with 3cm disc bulge as L4-5, facet arthrosis at L5-S1 and mild stenosis secondary to lower back p (New),

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I am a boots on the ground Vietnam Veteran. Most of the secondary is tied to my DMII and from a Back injury suffered in the service. The Back in jury was never medically taken care of by the military doctor. He would not xray, no pain pills, only told me to sleep on a board or the floor.

The C&P was a joke. I did the eye chart, and could not see any of the letters clearly, but on the report I could see through walls. During my ROM exam, I could barely move at all, in fact, the Doctor had to help me with my shoes. But, on the report I could leap tall building and out run a train. It goes on and on.

If, I ever have another C&P at QTC, I may ask the Doctor to show me his medical license. When, I had my C&P for Parkinson's, the Doctor had to have an Office Clerk tell him how to do the exam. He was a GP, with no training with Parkinson's Disease. BTW, I was rated at 30%.

Papa

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Expediency really dictates that the first claim be kept simple, If a veteran wants it to be promptly (for the VA anyway) decided and hopefully awarded.

The VA on the other hand, will say that all details and possible conditions related to military service should be claimed at one time. This does have a basis in law.

The VA logic (excuse?) is that the system then only has to deal with a single pass through, rather than multiple. Nothing is farther from the truth, since a deferred decision

means that another pass is going to be needed. Indeed, each pass through the system increases the chance that records will be compromized as more and more hands touch them.

What gets me is the typical C&P scheduling for a single condition, when multiple one are claimed and present. The VA has been known to then say that because the C&P did not address others, they don't exist, ignore them completely, or that additional evidence is needed. If a condition is omitted from an otherwise favorable decision, it is deemed denied.

The only conclusion that can be drawn, other than the VA C&P system is a total disaster, is that it's an intentional effort to minimize awards. The question then becomes more serious, in that it can easily result in defrauding veterans of benefits that they are entitled to. If intentional, this is a crime, just as false claims can be a crime.

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@papa, Arnet you 100% yet? I recall reading your posts months ago and thought you were on your way to 100%. Well, when they address your claims below, all your back conditions will be grouped together and rated as one (lumbar pain secondary to lower back injury (New), Arthritic pain of the lower back, mutltilevel spondylosis with 3cm disc bulge as L4-5, facet arthrosis at L5-S1 and mild stenosis secondary to lower back pain (New)).They will rate your lumbar spine based on your range of motion and pain or incapacitating episodes.

As far as your lower extremity and radiculitis conditions they will need to determine whether they conditions are secondary to your back condition, diabetes or parkisnsons.

Your heart conditions will also be grouped together (mitral sclerosis (Secondary), left atrium enlarged (Secondary), aortic root dilated (Secondary), multi risk factors for CAD (Secondary).

Hyperlipidemia is a lab finding and not an actual disabilty.

Hope this helps.

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Donna

Nope, not 100%. I think they are hoping that I die first, but I refuse to. Told the wife if I had even one living cell keep me on the machine.

Papa

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