Have A Few Ratings Over The Years, All Basically The Same?

[MartyL16]

All the way back to 1987. Usually with the same denials. Never did they ever go back to the active duty records to "confirm" what I was telling them.

Rating usually stated "...is continued at %". or "remains denied" and you know what. I was too depressed and sick, and ignorant of how to proceed, how to fight for me, until lately!

My questions: Since they referenced no "codes", never explained why, and even when I stated extreme pain, on movement, did the wincing, refused to go past my "pain point", the ratings always said "mild pain". Since 2009 they stated they had no access to my records on the computer, so the only info that they had was my verbal answers to their questions.

Have to mention that I have NEVER seen "them" use a worksheet from the VA. Always saw them scribble a word or two on a regular tablet. Also never had an exam that went more than about 15 minutes.

I am thinking maybe since the info does not actually reflect what is in my "actual" records(that are only) referenced by "clinic name" but no specifics confirming my claims, shouldn't I have other appeal or legal rights?

Maybe their failure, over at least 4 separate ratings, to give me my rights of "due process", or whatever.

Since they always failed to describe the details, or use codes, maybe I can submit as "reopened claims" based on facts that they "missed"? Afterall, they now at least "mention" records that they have and should have had since 1967 and beyond.

For the record, I have an SC 0 from active duty, DM II from 2004 with a marginal SC % presumptive to AO from 'Nam and Thailand.

Thanks

[free_spirit_etc]

I think that is a wise move. I would work on getting the conditions SCed first – and then appeal for an earlier effective date. No use having them dig in any harder than you have to right now. And you already should have some decent retro just on the latest claim.

Maybe the backlog of claims is actually from all the retirees who just tolerated the BS because they reduced retirement pay dollar for dollar until 2004, who are now going back and reading their claims.

As for the Cushing's (it is the syndrome) I am aiming for as my SC records mention Cushing's Syndrome because of the very high dose prednisone for 2.5 years(100mg) while still on Active Duty, and again in '92-'95 (60mg). Among other things, the extreme weight gain from 206 to 330 with severe muscle loss, depression, etc was ALMSOT too much to bear.

I don’t know much about Cushings, but I know prednisone can really do a job on you.

Never lost the Cushing's "look alike" except no hump and no moon face now. Meaning still morbidly obese but good looking. Sometime maybe I will upload the before and after photos. Got SNCO of the Quarter 6 months before prenisone so I have an official dated picture with date right on the award.

The before and after pictures might actually be good for your claim.

This and the sarcoidosis caused me to be forcibly retired at 20yrs, with loiss of World Wide Duty status, forced out of my 17yrs profession, had to change careers for the balance of my AF career. Became really almost impossible to find a job that I could do "physically" and who wants to hire the "fat" guy with lots of apparent medical conditions. Not to mention the fact that I could have made "big bucks" in my career field. Which is what I will throw at the VA later.

Okay. Now I am interested. What was your career field? The mention of big bucks lets me know it isn’t teaching. ;)

Have DM II SC since 2004 presumptive to AO and believe I can get closer to 100% for that one than 60%. Even my doctor agrees and records will show.

Again – I know you mentioned they said you did not need injections – and you actually need them multiple times a day. So I agree. There are also lots of conditions secondary to DMII. So some things increase your rating for DMII, and some things are secondary conditions (caused by DMII) that are ratable on their own. There are lots of people on this board with lots of knowledge about DMII and secondary conditions.

Just want what is due to me.

I agree. Actually, it is what you EARNED.

Do I just get the records from them and page by page show them the errors, or "that is someone else", etc.

You will want to fill out a request for you ENTIRE C-file. Anymore, they also have electronic records too. I think you can also request those. They should send you a copy of everything they have. It will include your medical records (in service and post service), letters, decisions, etc. You will probably find a lot of surprising things when you look through them. And you can use those to make your arguments – and point out what evidence supports your claim.

PLUS – back in the day, if you filed for VA benefits when you retired they sent your SMRs directly to the VA. That means they have the ORIGINALS. That means if you do not have a copy and something gets lost, misplaced, or shredded – there goes your evidence. (My husband’s discharge physical disappeared).

If you live close enough to the RO, you can also make an appointment to go view your C-file. You can get copies of some of the documents when you view it – but not the whole thing. Someone will stay with you while you view it – but if your C-file is semi-organized, and you know what you are looking for (some specific documents) you should be able to find them fairly easily.

There are some people who say to go ahead and ask for your C-file and it doesn’t hold up your claim. Other people will say it will hold up your claim because they have to pull it to make a copy, etc. Personally, So it is a call you will need to make.

I really want to go back to '87 records and show them the "Stage 4" records(that they repeatedly ignore), along with '92-'95. I see vets getting 30% for less in citations for sarcoidosis. Also have PFTs from '90 thru 2013 that are much worse than the VA claims.

It sounds like they are ignoring a lot of your evidence.

To clarify "exams never had" i.e. in March of '10, sent them 2 MRIs, one of the cervical stenosis and one of the DDD of the lumbar, plus VRE official evals from a psychologist and physical therapist, radiologist report stating "mild scoliosis". The Va sent to a rating doctor for ROM and I sat there while he recorded his "findings" into a recorder on the phone. Ignored my obvious pain, lack of flexion, radiating pain through arms, told him about my twice weekly pain and cortizone shots plus 3 times per week traction, and the neurosurgeon's report, my claims of being dizzy when neck hits a nerve, etc. all of which never showed up in this rating. As far as the cervical rating from 10% to 20% and the reasons for it. They do not come close to the PT/ROM before and after July 2010. Mild pain my butt!

You might have a valid complaint about this. If he just turned it in as an exam, but didn’t really examine you – plus, if he was just going off the reports, he should have included ALL the information.

Do you have copies of the actual C&P exams? It could be he didn’t include the stuff in the report and it could be that he did and the RO ignored it. For instance, my husband’s decision said “The VA examiner gave a diagnosis of chronic sinus disease…A review of service medical records showed diagnosis of sinusitis in September 1982. A chronic disability associated with sinusitis is not shown by service medical records.”

Later, when we got the record, we found out the examiner actually said my husband underwent an x-ray of his sinuses on September 3, 1982 and the x-ray was shown ethmoid and maxillary inflammatory changes of the chronic type. They sometimes twist things.

All of your comments and suggestions mean a lot to me, so keep them coming! I actually cut and paste them into my notes on "what to do". Again, I never ramble! and I never extrapolate.

LOL – I hope I can help some.

[free_spirit_etc]

You might be able to see the results of some of the more recent exams (for lack of a better word) here: https://www.myhealth.va.gov/index.html

[63SIERRA]

it looks like they are nitpicking the claims to lower them., with the back condition., I would try refile based on PAIN, because they are screwing you with the range of motion test.

[free_spirit_etc]

There is some interesting information in some training material that might help here: http://www.purpleheart.org/ServiceProgram/Training2011/T-4%20%20VA%20Errors%20in%20Claims%20for%20Increase%203.2011.pdf

It has a lot of good information. I was going to copy and paste a bunch of it -- but then noticed it has a copyright. So it is okay to discuss it - but I am not going tocopy and paste all the stuff. :(

But I think it has a lot of good info for your claim --

Edited October 27, 2013 by free_spirit_etc

[MartyL16]

There is some interesting information in some training material that might help here: http://www.purpleheart.org/ServiceProgram/Training2011/T-4%20%20VA%20Errors%20in%20Claims%20for%20Increase%203.2011.pdf

It has a lot of good information. I was going to copy and paste a bunch of it -- but then noticed it has a copyright. So it is okay to discuss it - but I am not going tocopy and paste all the stuff. :(

But I think it has a lot of good info for your claim --

Thank you. I downloaded a copy. Yes, good info.

Marty

[MartyL16]

it looks like they are nitpicking the claims to lower them., with the back condition., I would try refile based on PAIN, because they are screwing you with the range of motion test.

Thank you. I found a lot of cases where the VA failed to evaluate many disabilities based on pain, loss of function, etc. I am trying to develop my appeal but this my 1st appeal, so I have a long way to go.

Marty