Which Has More Weight A Strong Dr.s Letter Or Dbq

[Greg88]

Hi everyone,

I have my Proposal to Reduce hearing in 3 weeks, I have a strong Dr.s and letter and a new DBQ which I feel is even stronger because it list's all my actual disabilities. I had my C&P last year and thought I covered all my bases, but the VA still said they want to reduce after 16 years at 100%. Since I have not seen or read much about a hearing, what do they say carry's the most weight, the letter or DBQ.

[Greg88]

Another strange thing about my claim, from 1996-to 1997 I was at 60%, there was no mention of going back to 60% only 40%, basically it seems that the VA has not looked back at any records beyond 2006, all the evidence listed shows records being used that end in 2006 (my Dr. changed practices in 2006, so medical records I provided only go back that far-granted I thought the VA would request from permission to dig further from me, but nothing). It's funny the CFR says you can't base a reduction on one exam, but that seems to be something that the VA just ignores.

[free_spirit_etc]

I think the doctors do need to be clear on their reports though. In my husband's cancer claim, there was an opinion by a VA doctor written as an examination. But the doctor never examined him. He states in the report that he was asked to offer an opinion after a review of the records. If he only reviewed the records, it should have not been written on a form that said examination report. The doctor even wrote my husband had no apparent residuals from his cancer and noted my husband had no shortness of breath... without so much as seeing him. Oddly enough, the pulmonary function tests the VA did on my husband the same day stated he had dyspnea on hills and stairs, frequent wheezing, FVC 73% predicted, FEV-1 69% predicted, and his most recent DLCO (which was in the file) was 51%. He had one lobe of his lung removed. He had an 11 inch scar from the surgery. And the doctor wrote he had no apparent residuals, without even bothering to read the results of his pulmonary function tests. He had no business calling that an exam.

[free_spirit_etc]

"Now keepinng that in mind, VA does have some very good treating physicians in their hospitals, and once in a while they may be asked to provide an expert opinion, but NOT very often. The VA tends to stick with those doctors they have hired to do nothing but exams."

That is comforting to know. It is nice to know that the doctors treating veterans are not the same ones who write those opinions.

[Greg88]

Free, no residuals from losing one lobe of a lung, in the medical world most Pulmonary doctors would beg to differ on that point. Harley, the VA examined last year was looking at retinitis, neuropathy with muscle weakness of both hands and proteinuria (that what I was rated at 100% for in 1997). On the C&P exam they found retinopathy (retinitis in VA speak), neuropathy of both legs rated at 20% for each leg, neuropathy of both arms rated at 10% for each arm, ED rated at 10%, and last but not least proteinuria (and this was all listed on the Proposal). So everything is now much worse than it was 16 years ago, according to the CFR 3.344 there supposed to show improvement in my condition, there own proposal say's things have gotten worse. Just because the VA does not see Autonomic neuropathy does not mean it does not exist, all the Type 2 vets with the disease longer than 15 years have certainly have symptoms. Like I have mentioned before ED is a symptom of diabetic autonomic neuropathy, the C&P examiner mentioned the hypoglycemic unawareness in her report. Harley in this hearing will there be anyone there who is a licensed medical professional Dr. or nurse or is it all laymen ?

[Greg88]

Actually, once again it comes down to the VA actually showing that I have improved since the last C&P in 1997, which they have not according to there own statements and evidence presented in the Proposal to reduce, and with the stronger evidence being presented (yet again), I'm hoping that the hearing will be less adversarial and more helpful.

[harleyman]

There will be no doctor or nurse at the hearing, unless your RO does things differently than mine. I suspect this will be all layman, and it will not be adversarial as the RVSRs arer only interested in getting the rating decision correct. This is not personal to them, although it is personel to the Veteran, and the RVSR is very much aware of how these rating decisions impact veterans and their families. I believe you will have a good hearing and you will be able to go through you "talking points" and show your evidence. You will not get a formal decision at the hearing, but you will have an idea of the disposition of the matter by the end of the meeting. I think you will be OK.- IMO - Harleyman