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]

At some point, but not that we know of at the moment, you may have to get an IMO (Independent Medical Opinion) that connects some of the conditions. My husband's TriCare doctors did not want to get involved. In fact, they said they were not "allowed" to write opinions for VA claims -- that the VA doctors would decide.

His on-base Pulmonologist (i.e. the doctor who first told him his cancer started in the service) said he would write an IMO (when we asked him in 2006) but then he called and said the base attorney told him they can't write opinions for VA claims.

I ended up getting IMOs after my husband died (now that my claim is at the BVA)

[MartyL16]

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.

Waiting to see if I can get a SOC based on this 2011 rating, from the DRO???? They sent me a letter for me to manually fill in doctors names addresses, phone, etc.

Just for the record, because of the radiating pain all down my right arm, writing and even using a fork are a challenge. This and all other replies are left hand, one finger.

I told the American Legion VSO, who does nothing, to send my request for a 60 day extension to the DRO, now that they are back. I have nerve inpingement at C6-C7 that "acts up" and also gives me vertigo for months. Am I complaining, yep.

So the rating is from June 2011, then the NOD, then a DRO video this past June.

Marty

[free_spirit_etc]

I am so sorry to hear that. I look at all your medical conditions and then see your SC rating is 40%???

That is not right. Your ratings seem so low for the level of some of your conditions. Hopefully the DRO review will grant at least SOME of the correct ratings. The appeal with the BVA takes awhile.

[MartyL16]

I am so sorry to hear that. I look at all your medical conditions and then see your SC rating is 40%???

That is not right. Your ratings seem so low for the level of some of your conditions. Hopefully the DRO review will grant at least SOME of the correct ratings. The appeal with the BVA takes awhile.

Yes, they are very low. When I retired, I was still very sick from the years of prednisone and was invited to the VAMC here in Phoenix for exams. They took xrays of my knee, gave me hearing test that was so loud, I opened the door and told her to turn it down. I still had the "hump" and "moon face" and adrenal insufficiency, osteporosis, and a gaggle of other things.

Had a family and a new house. Did I mention how depressed I was and these exams were a joke in '87. I was told that I couldn't fight for my rights, never knew about appeals, VSO, or whatever.

I got the rating, cried, and decided all was in vain. Found a civil service job that paid more than my AF rank and liverd my life with my family. By 2004 I couldn't stand the pain, my barber was a vet, a Marine (Semper Fi), and he "put me on the path" to APPEALS. Met a terrific VSO and he submitted my 1st request for increases, PTSD, knees, neck, back, etc. then retired. No replacement. Tried the DAV, VFW, and others who did nothing for a long time. What a bunch of jerks. All the while, I am goinmg through a divorce, paying lawyers that do nothing, fighting with CHASE, lost my house, filed for a BK. Then I went online and found HADIT, and BVN, and others.

Started doing a lot of case review and again tried to get help here and found you guys. My "shrink" doubled my meds, the VA psychologist is wonderful, knowledgeable, and doesn't use a "baseball bat" so I am getting better.

The fight is on, I can't work, lately can't drive but that will get better for awhile. Between, what I read and what I learn, I believe I have a chance to"play catchup" and get my ratings up where they should be. I am 65.

I am sure you didn't need to read all of this but from what I read, I am not alone, and I am thankful for all the help I can get.

Someday, I will also be able to help other vets. I welcome any and all comments and advice.

Marty

[MartyL16]

"but this my 1st appeal, so I have a long way to go."

Don't worry! If you deal with the VA you will get lots of experience appealing. ;)

You will be an expert in no time.

I wish Berta would have picked up on this thread - She is the one with lots of knowledge on Nehmer claims. I think she is back in school now - and her time is limited. (Speaking of school... I should be grading papers now... eek!)

Anyway -- at some point -- you might want to change the title of your thread to include the term and Nehmer Claim. She will probably find it then. When you are on the forum and click View New Content - it shows all the new posts. But if you aren't here much, then there isn't time to view them all. I know Berta said she would look for your other posts.

I think you can change the title if you click on edit on the first post and then click on full edit -- or something like that -- and then it opens the title up to be edited. But she knows a lot that could help you -- so I am hoping she will get back to this topic. But she is busy as heck!

I was wondering why she hadn't commented as she told me to put a copy of my rating here. That was great advice. Look at all the great comments and suggestions I got already. I very much look forward to her comments also. A plethora of knowledge to be had!

Tried the full edit but that doesn't allow a "title" change. The title is the "key" to the "thread" I suspect. She will find me by my "moniker", or searching for ''...the ugly one with the big feet".

MartyL

[free_spirit_etc]

Hopefully, someone will finally get it right, and you won't have to wait so long. You seem to have a lot of fight in you -- which is a good thing when dealing with the VA. But if doing all the legwork gets to be a bit much, the VA does allow lawyers now. So that is also an option. They get a percentage of your retro, I think. Just make sure you take care of yourself because fighting the VA can be very draining (as I am sure you have already discovered). I still have trouble dealing with some of the disillusionment at some of the games they play. I am sorry you lost so much because of all of this.

There is another useful site here: http://asknod.wordpress.com/ asknod is a member here at hadit. He also has a book http://www.amazon.com/s?ie=UTF8&field-author=Asknod&page=1&rh=n%3A283155%2Cp_27%3AAsknod. I got the kindle edition. I don't have a kindle -- but can read it on my computer.

I think a lot of retirees didn't fight much before because it wasn't near as easy when all this info wasn't online -- and whatever you got in VA benefits reduced your retirement pay anyway. So it wasn't much of a gain when you had to fight and fight for 10%.

If they sent you a letter for you to fill in doctors names, then they might be waiting for more medical records?

I am assuming you made sure the DRO knew that you are on insulin and that you are on maintenance meds for the sarcoidosis.