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Meghp0405 - Question

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Philip Rogers

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  • HadIt.com Elder

Since you're a person who knows, or can ask someone who does, maybe you can explain what we can expect from this "new way" the VA is doing their decisions?? I believe, some yrs back, the court started requiring the VA to explain their "reasons and bases" for their decision(s) and the failure to do so left the decision up to a remand or perhaps reversal. From what I see, this "new way" violates that requirement, doesn't appear to follow that rule, and as such, won't that leave all these new decisions up for appeal??? It seems, to me, like the VA has just found another way to delay the claim and screw the vet, one more time!

pr

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I agree with you 100% Phillip! It's become very frustrating when reviewing a rating decision and seeing a denial. The reason for a denial simply states "No evidence in mSMR's" and they have a couple of other little statements that they used.

When we submit for a reconsideration or an NOD, we have to go back, review all medical records and annotate the dates that the injury/disability occurred. Example, I submitted a claim for LBP; DDG; Oseoarthritis, lumbar region. I initially reviewed the medical records which I found these diagnosis. VA denied the claim, no evidence located in the MSR's is what the VA sated. So, I sat down with the veteran again and we went through his medical records. We both came up with exactly 100 annotations concerning his back, DDG and osteoarthritis. We submitted copies of the medical records again with each annotation highlighted. I submitted this as an FDC. So we now sit back and wait upon VA This particular claim, I also requested a new C/P exam. According to the veteran, the doc never had him touch his toes, bend sideways and turn the upper torsal. According to the veteran, the doc never got out of her chair. She just asked questions and typed on the computer. Not the first time I've heard this one either.

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Hello Meg and Phillip,,,,, I think all Veterans are in for alot of trouble and it is going to get worse. The DOD is DOWNSIZING and the dollars are getting harder for VA and its budgets too. This thing is getting scarey and I believe all ofus see it coming and know deep down that the backlogs are not going to get better but worse. Less dollars means more of what Phillip and you are saying. More remands , more faulty decisions and more stalling which takes time ,,,,,,,which means less money leaving the budgets. I am really concerned as we see so many new folks coming to Hadit and so many heartbreaking stories. More of our Veterans being Medboarded or asked to sign goofy agreements before they get out. It is getting worse and I see all of us here at Hadit trying to help more as the situation is obviously going off the track. But the backlog is getting so bad and increasing even faster than we could or would imagine. The tactics to deny are getting so ridiculous at the VA. Thanks so much Phillip and Meg for what you do. It does make a difference.

How are we going to take care of our Veterans???? Whats worse is how do we keep our military strong for the next bunch of enemies looming in all parts of the world? Who would really want to go in and serve when the public is getting just a small piece of how we are taking care of our soldiers? These are some incredibly disheartening times we live in and watching these new folks come onto the board with their stories and experiences is worse than it was just 5 years ago here at Hadit. I can look back and really see it. I really mean it now more than ever ....... we can NEVER GIVE UP. God Bless...... C.C.

I

Edited by Capt.Contaminate
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I agree with you 100% Phillip! It's become very frustrating when reviewing a rating decision and seeing a denial. The reason for a denial simply states "No evidence in mSMR's" and they have a couple of other little statements that they used.

When we submit for a reconsideration or an NOD, we have to go back, review all medical records and annotate the dates that the injury/disability occurred. Example, I submitted a claim for LBP; DDG; Oseoarthritis, lumbar region. I initially reviewed the medical records which I found these diagnosis. VA denied the claim, no evidence located in the MSR's is what the VA sated. So, I sat down with the veteran again and we went through his medical records. We both came up with exactly 100 annotations concerning his back, DDG and osteoarthritis. We submitted copies of the medical records again with each annotation highlighted. I submitted this as an FDC. So we now sit back and wait upon VA This particular claim, I also requested a new C/P exam. According to the veteran, the doc never had him touch his toes, bend sideways and turn the upper torsal. According to the veteran, the doc never got out of her chair. She just asked questions and typed on the computer. Not the first time I've heard this one either.

Thanks! Just wanted to be sure it wasn't just me seeing this trend.

pr

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concerning the veteran I mentioned above, to add to the veterans plight, at his C/P exam, the veteran states that the examiner did not do a range of motion test, just asked a lot of questions.

No ROM exams, 100 annotations in the medical records and the disabilities were denied. What are these folks at VA doing? The supervisors that are supposed to be reviewing these claims, I just don't see it happening.

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