Notorious Kelly Posted February 4, 2012 Share Posted February 4, 2012 Bravo on your partial success, Pete. Keep fightin! Link to comment Share on other sites More sharing options...
NJBB62 Posted February 4, 2012 Share Posted February 4, 2012 Congrats on the Increase, It is sad that we have to fight so hard to get what we deserve. NJ Link to comment Share on other sites More sharing options...
sleeper692 Posted February 4, 2012 Author Share Posted February 4, 2012 Oh Carlie, just when I was down in the dumps your little "YIP-PEE !" just sent me into a giggle. Thanks, I needed that! You can bet I'm going to work on the high percentage items first. That last 10% is always the toughest!! usmc89: I'm already sc'd for IBS, they just denied my increase. Apparently they aren't convinced since I don't go to the doctor every time I have cramps and such. I don't think the rater interpreted my medical records or C&P exam correctly as I definitely fit the rating criteria for the increase. I'm even on meds to control the diarrhea. "Rater Blindness" strikes again. Reddit: I was denied the sleep apnea due to a couple of screw ups. First, my VSO apparently decided to claim that my sleep apnea was secondary to polyarthralgia (joint pain) which is absurd. It should have been claimed under the Gulf War presumptives as a respiratory and sleep problem and submitted along with the abundance of evidence available online that clearly demonstrates sleep apnea is a noted problem in GWV's. Secondly, the C&P exam I had for sleep apnea was totally incompetent. I have a thread outlining that whole deal in the C&P Questions forum. I suggest you find it and read it so you don't get hosed like I did. In summary, they sent me for the C&P before the sleep doctor had even written up the diagnosis for obstructive sleep apnea from my sleep study and put me on a CPAP. The doctor basically pencil whipped the entire exam and said that my sleep apnea was not service connected (again, despite the presumptives and evidence). So I will be writing up the appeal myself and supplying evidence from various studies to give to my VSO to submit. I will be challenging the competence of the exam and correcting the reasons for service connection. I should have been granted 50% according to the rating schedule which would have put me right over the top to 100%. As for the IU, their reasoning for denial is just ridiculous. First, they shrink said that, based on my 70% rating for PTSD/depression, that I should be able to work as long as I don't have a job that does not "involve significant social interaction or frequent complex problem solving or other complex cognitive tasks" (In other words, they said I can work at the VBA...hah.) They completely ignored the statement that the shrink included in the same exam that said "however, when taking into account his physical ailments such as migraines and IBS, it may be difficult for him to maintain full time employment." I guess they only use the parts of the exam that they want They also stated that I had earned enough money to show "gainful employment." In the last two years my meager income was well below the US government guidelines for poverty and, according to CFR 38, is considered marginal employment. So in this case I can also challenge the fact that they ignored their own regulations as well as ignoring my C&P exams. Not only did the shrink indicate that I may not be able to work, the medical doctor indicated that it would be very difficult for me to hold down a full time job due to my frequent absences due to migraines. They chose to ignore that statement as well. Unless I'm just stupid and wishful, this appeal should be a slam dunk if it is written properly. But, mostly, THANK YOU to all of you. I'm happy for the 10% increase. Even a little victory is a victory! Pete Link to comment Share on other sites More sharing options...
#1Cavtrooper Posted February 5, 2012 Share Posted February 5, 2012 Congrats! And NEVER give up! Link to comment Share on other sites More sharing options...
robert51 Posted February 5, 2012 Share Posted February 5, 2012 Oh Carlie, just when I was down in the dumps your little "YIP-PEE !" just sent me into a giggle. Thanks, I needed that! You can bet I'm going to work on the high percentage items first. That last 10% is always the toughest!! usmc89: I'm already sc'd for IBS, they just denied my increase. Apparently they aren't convinced since I don't go to the doctor every time I have cramps and such. I don't think the rater interpreted my medical records or C&P exam correctly as I definitely fit the rating criteria for the increase. I'm even on meds to control the diarrhea. "Rater Blindness" strikes again. Reddit: I was denied the sleep apnea due to a couple of screw ups. First, my VSO apparently decided to claim that my sleep apnea was secondary to polyarthralgia (joint pain) which is absurd. It should have been claimed under the Gulf War presumptives as a respiratory and sleep problem and submitted along with the abundance of evidence available online that clearly demonstrates sleep apnea is a noted problem in GWV's. Secondly, the C&P exam I had for sleep apnea was totally incompetent. I have a thread outlining that whole deal in the C&P Questions forum. I suggest you find it and read it so you don't get hosed like I did. In summary, they sent me for the C&P before the sleep doctor had even written up the diagnosis for obstructive sleep apnea from my sleep study and put me on a CPAP. The doctor basically pencil whipped the entire exam and said that my sleep apnea was not service connected (again, despite the presumptives and evidence). So I will be writing up the appeal myself and supplying evidence from various studies to give to my VSO to submit. I will be challenging the competence of the exam and correcting the reasons for service connection. I should have been granted 50% according to the rating schedule which would have put me right over the top to 100%. As for the IU, their reasoning for denial is just ridiculous. First, they shrink said that, based on my 70% rating for PTSD/depression, that I should be able to work as long as I don't have a job that does not "involve significant social interaction or frequent complex problem solving or other complex cognitive tasks" (In other words, they said I can work at the VBA...hah.) They completely ignored the statement that the shrink included in the same exam that said "however, when taking into account his physical ailments such as migraines and IBS, it may be difficult for him to maintain full time employment." I guess they only use the parts of the exam that they want They also stated that I had earned enough money to show "gainful employment." In the last two years my meager income was well below the US government guidelines for poverty and, according to CFR 38, is considered marginal employment. So in this case I can also challenge the fact that they ignored their own regulations as well as ignoring my C&P exams. Not only did the shrink indicate that I may not be able to work, the medical doctor indicated that it would be very difficult for me to hold down a full time job due to my frequent absences due to migraines. They chose to ignore that statement as well. Unless I'm just stupid and wishful, this appeal should be a slam dunk if it is written properly. But, mostly, THANK YOU to all of you. I'm happy for the 10% increase. Even a little victory is a victory! Pete i had the same problem till the doctor said ok he can do some very simple jobs but he can not do ANY jobs full time Link to comment Share on other sites More sharing options...
sleeper692 Posted February 14, 2012 Author Share Posted February 14, 2012 I just got back from a meeting with my VSO. She was livid about the IU denial. She took my file directly to a supervisor at the VARO. She said the supervisor was as shocked at the denial as she was. So the supervisor asked for my tax returns to show that I'm not gainfully employed as "additional evidence." I took those documents to my VSO today. She said that the County and the VA have an agreement that cases like mine in which there is a glaringly obvious mistake will be handled informally between the VARO supervisor and the VSO within 30 days. My VSO is walking my tax returns to the VARO tomorrow. The supervisor will review the case personally and my VSO said she expects a decision in about a week. Wow! It just shows how valuable a good VSO can be. Hopefully in a week or so I'll be posting a new success story!! Link to comment Share on other sites More sharing options...
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