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 am stumped by the VA treatment records discussed for treatment you stated you did not receive. These are not one time exams. They are records of treatment spanning several months. If they actually had other veteran's records in your file that affect the decision they made on your claim - they should readjudicate it as the file was tainted.

[free_spirit_etc]

It is also odd how the put decision kind of stuff in the evidence list. Usually they just list the evidence in that section -- but they are including things such as "did not show a diagnosis of __" "did not show service in Vietnam" etc. right in the evidence list. That seems odd to me.

[free_spirit_etc]

What level of appeal are you at with this?

Your first thing is to show you are entitled to the SC and the ratings. From your notes it looks like you clearly are.

The next thing is to point out their errors.

So you might want to draft an I am entitled to X and here is the evidence to show that statement - And then go back and start pointing out their errors.

I think if you start from the point of their errors, it is a tangled mess. And you don't want to give them the chance to tangle it more. So make sure what you are entitled to and why you are entitled to it (per evidence) is VERY clear from the start. And then start dealing with all the errors they made at reaching to wrong conclusion.

But with the VA treatment records and the reports of exams and previous diagnosis they said you have (that you said you didn't have) it leads me to wonder how many veteran's records might be in your file.

[free_spirit_etc]

Sarcoidosis. My rating should be at least 30% as my medical records from Cigna and Associated Internists show pulmonary involvement with persistent symptoms, plus I have been on low dose corticosteriods since my retirement in 1985.

Does the VA have a record that you take prednisone for the sarcoidosis? And have you applied for secondary connection for the Cushings?

[free_spirit_etc]

I am wondering if you should have your private doctors fill out DBQs for you -- and connect the dots for them. You can make sure that everything is correct on the DBQ - including the doctor noting conditions that were already treated in service.

http://benefits.va.gov/COMPENSATION/dbq_ListBySymptom.asp

[MartyL16]

Thanks to all of you for your comments and suggestions. Especially,..... All of Them!

Never thought of other vets records mixed with mine. During the DRO conference that I presented, I stated re: the SC for PVC that this rating states "that which occurred in service" , which I stated, began in 1980-'83, Clark AB, RP. and thru my DISCHARGE in '87 and the rating states PVCs shown in both CIGNA and Associated Internists so how can it NOT be service connected, as it was also denied in 2004, '06, '09 because the VA gave me an SC 0 for sarcoidosis in 1987 which means the VA had/has my service medical records. i also told "him" to look for NORPACE from '80 thru 2008 as that was continuously prescribed for that condition.

I was contemplating CUE for this one but just want the SC for PVCs then I will ask for increase later as "they are back" since 2010 records they will receive soon.

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.

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.

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.

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.

Just want what is due to me.

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

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.

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!

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.

Marty