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I Missed My C&p Exam.

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Greg88

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Hi everyone, before I tell my story let me give you a little backround. I was in the Marines, I was put on the TDRL for Diabetes mellitus Type 1 in 1976 rated at 40%, in 1978 the VA rated me at 40% I was also permananetly medically retired in 1978 by the Marines. for the next 16 years I was at 40% disability and used the VA medical system exclusively (my Dr. was head of Endocrinology for 20 years) In 1996 I was having trouble at work because of Diabetic Neuropathy and hypoglycemia, I went to DAV and I was raised to 60% in 1995, I lost my job ( I passed out due to hypoglycemia), I went back to the DAV and had an exam, was given 100% on Jan 12, 1998, but it was not made permanent. My Dr. retired in 1998, I was left seeing medical residents who were trying to change my prescriptions daily, I decided since my wife had good insurance, I would use private MD.

In January 2012, I received a letter from the VA stating that I may be subject to a reexam, I waited 3 months did not hear anything from the VA and called my DAV office, my DAV SO told me that a lot of these letters were sent out by mistake and not to worry about it, June 1st my sister invites me up to her house and I take off for 3-4 weeks, not expecting anything. I got home on June 26th and the notice for the reexam arrived on the 6th and the exam was scheduled for the 21st, I called the clinic at the VA hospital and was told my file was sent back to regional office. I called my DAV Serivce officer and told him what happened, he told me to send him a letter, stating why I missed the exam and that I was willing to be reexamined at any time, letter was mailed out that day June 28th, 2012. I called him on July 3rd and did not hear back from till July 6th, I asked him if he received the letter and he said yes. He then told me that the VA was thinking of lowering my rating to 0%, I got angry and told him they could not do that since I was 40% for the last 34 years, I then said I will be talking to my Congressman and started backtracking and saying "no you do not have to do that, I will take care of this" I called him on the 17th and he told me that he and his boss had talke to the "coach" and they were reassured that nothing would change. I had obtained notes from my private MD (he has been treating me for the last 14 years) and my private endocrinologist, I told my DAV SO, I would drop them off on July 19th. The DAV office in Manhattan, NY is in the same building as the RO of the VA, I dropped off the paperwork and was reassured by my DAV SO and another SO that there was nothing to worry about, so I did not worry.

I called the VA's 800-827-1000 and was told my case was in the preparation of notification stage, based on the info as of July 11th, I'm wondering if the VA is making their judgment on what the DAV SO related to them or are they going to lower my rating and have me fight to get back to 100%. I'am aware that they need 60 days before anything is concrete, I checked all the CFR on reexams and meet all the requirements of CFR 3.327, my condition is worse now that it was 14 years, they funny thing is I'll be 56 at the end of August, I'm wondering if that set off a second look at my case. I' just wondering if I'm being a little paranoid at this point.

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Broncovet,

I'm just wondering who scheduled the C&P, the last time I talked to my DAV SO, he told me that the C&P was not being considered due to my condition (but I have not heard from him for the last 4 weeks) and since the VA's 1-800 number told me twice last week, that they were preparing to notify me, I thought everything was done. The funny thing is I have not received one bit of written or e-mail correspondence from the DAV related to my case, so I'm very suspicous of what there actually doing for me. The thing is according to CFR 38 3.327, of the things required to not be reexamined, I meet 4 out of 4, with all the backload of cases not even examined, it makes me wonder why there even bothering with me. After 14.7 years at 100% percent do they think I'm going out and dancing every night, sometimes I can barely get out of bed.

Greg

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I have no idea "who" scheduled your C and P, but it still could be for SMC...maybe even housbound. I dont know. SMC housebound is inferred in many cases, so you dont always have to "apply" for it. You should get to the bottom of this.

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Broncovet,

I'm just wondering who scheduled the C&P, the last time I talked to my DAV SO, he told me that the C&P was not being considered due to my condition (but I have not heard from him for the last 4 weeks) and since the VA's 1-800 number told me twice last week, that they were preparing to notify me, I thought everything was done. The funny thing is I have not received one bit of written or e-mail correspondence from the DAV related to my case, so I'm very suspicous of what there actually doing for me. The thing is according to CFR 38 3.327, of the things required to not be reexamined, I meet 4 out of 4, with all the backload of cases not even examined, it makes me wonder why there even bothering with me. After 14.7 years at 100% percent do they think I'm going out and dancing every night, sometimes I can barely get out of bed.

Greg

Ya know, I use the American Legion, and outside of the one initial visit at the VARO when I signed the power of attorney documents, I have had no other contact from them either. I have called and asked for information a few times, and basically received the standard answer of "wait another month, then call back if nothing has happened yet". However, it's been a year since signing on with them as my VSO, and not a letter or call, even when the VA scheduled my C&P's.

And to think I'm a dues paying member even........they do have a cool monthly magazine advertising comfortable shoes and slacks though.

Mark

Edited by MarkInTexas

USAF Active Duty 1988-1994

Security Police - Law Enforcement Specialist

Thank you all for your service to our great nation.

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I'm heading down the Regional Office on Tuesday, the 2nd time in a month, last time I was there I was told "don't worry everythings fine, I will handle everything" by my DAV SO. Everytime I call DAV, all I get is that he's not in and someone will call you back, but nothing. This time I want to see whats actually happenend and I want to see the DAV's file on me. It seems like a lot is being missed, the funny thing is the two VA employees that told me on Monday and Tuesday that everything was settled, it feels like I'm sitting through a bad movie, except I'm the one getting murdered at the end. I had contact with the American Legion in 1982, my diabetes was outta control and I could'nt hold a job because I was passing out a lot, my mom sent me down and I was told by the American Legion rep that I was'nt eligible. In 1995 my DAV SO told I should have been at 60% since 81 or 82, and he showed me the CFR descripition for 60% and I had met those in the late 70's. The one thing I have to say about the VA is that there very cheap when it comes to important things like glucose test strips, even now they put vets through the ringer if they want to test more than 4 times a day. Between 1976 and 1995, I had a minimum of 2000 hypoglycemic episodes, the long term damage is evident now, the VA nurses showed concerns but the VA Dr.s just brushed it off. From reading all the post's here it seems like a lot of VA medical docs are looking for ways to reduce things, who do they get to do these C&P exams medically, I mean for someone like me it should at least be a guy with Internal Medicine speciality or will it be just be a GP reading the Diabetes DBQ and writing down the answers. The problem for me is no one is giving me any answers and the answers I do get are wrong, it's very frustrating.

Greg

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So I got down to the Regional office and talked to my new DAV SO, they can't seem to find my old one, so I sat down with the new young man. He had gone through my file and said that I had a new C&P exam for Sept., the story about my disability being reduced from 100% to 0% were no where to be found. He explained that it's been 14.8 years since my last exam, that like to see if I've grown a new pancreas and been cured of diabetes. But since this not the case and my conditioned has worsened, since my new DAV SO only has experience with AO type diabetes cases he could not give me much insight. I still have not received anything in writing as of yet, I'm wondering now what are they going to be looking at ?

Gregory

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