Ok, Need More Advice!

[hmcquade]

Today I get the decision on my reconsideration the DAV filed for the denial of my PAD secondary to my SC DMII. I get the SC w/o compensation. The VARO wants me to be reevaluated by the VA Docs to see if there is anything that can be rated for the PAD.

So they give me the SC based on my private Dr's IME/IMO and that does not warrant compensation?

Could use some suggestions/feedback.

Thanks,

Hugh

[Navy04]

It is not uncommon to get 0% SC. Typically what guys will do is get the 0% SC, which means the VA is admitting that you have a disability and granted health care to treat that condition. All you have to do is submit an FDC claim for an increase. I was granted 0% for Testicular Issues and R Knee last year. Now I get 40% for L Testicle, and SMC-S for loss of a reproductive organ, and 10% for R Knee. Also, you have to remember that per the VA's Guidelines, a lot of disabilities are either rated very low or high as they do not have median %s for those conditions. So you might be 0% because you don't meet the criteria for the really high %s. Example with me is I have TBI and it is only rated 30% WTH! Do you know what I went thru in OIF/OEF to only get 30% for TBI. Good luck and keep us posted

[Berta]

It is often a good idea to give an IMO doctor a copy of the ratings for a claim involving a secondary condition,which can help them shape their medical rationale for VA rating purposes..

You did win on the Recon Request and that is Great, and they did grant you SC, great too....

This fairly recent BVA case contains some info on rating PAD:
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files1/1302487.txt

Also it can be found in the VA SRD here ( VA Schedule of ratings.)

Did the IMO/IME doc say the PAD was bilateral?

[NavyWife]

Congrats on getting the service connection! That is the hardest part!

Did your doctor fill out the DBQ in addition to his amazing IMO?

If not, that is the reason VA would want to schedule you for a C&P. So they can figure out what is the percentage that you should be rated at.

If your doctor did fill out the DBQ for PAD, in addition to the IMO, then there is no need for a VA C&P & you need to have your VSO point that out to them.

Edited July 19, 2014 by NavyWife

[FormerMember]

<<<All you have to do is submit an FDC claim for an increase. (NAVY04)>>>. With no disrespect, this is absolutely horrible advice. You fight the claim you have. You will lose your original effective date for your claim if you file a FDC now. VA should have enough on file to rate you correctly. If they do not, they need to be apprised of it. You have a path to an appeal to accomplish this. You've won. Now it's a matter of deciding how much you won-not begin a new claim to obtain it. Read about Mr. Joe Fenderson, to whom we owe a great debt. He obtained this distinction for us. Use it. http://asknod.wordpress.com/2011/09/27/cavc-fenderson-v-west-1999-staged-ratings/

You are permitted to submit N&M evidence of your medical condition throughout the claims rating period if it is probative and illustrates your degree of disability before, during and to the present time. Just because you won and got the lollipop w/o the lolli is not grounds for a reopening of the claim to obtain what is rightfully yours. You must have some track record of this disease you have accumulated over the years from your doctors. Medical reports, blood tests et cetera. You need to spend more time proactively researching your claim and constructing it. Depending on others to provide you with advice can sometimes backfire on you as here. Defend what you won and expand on it. A claim is a living thing until you neglect it and allow it to become final or make some stupendous error. VSOs are fond of telling you to do this (refile for increase) when your claim is still viable.

a

clear prop

[hmcquade]

It is often a good idea to give an IMO doctor a copy of the ratings for a claim involving a secondary condition,which can help them shape their medical rationale for VA rating purposes..

You did win on the Recon Request and that is Great, and they did grant you SC, great too....

This fairly recent BVA case contains some info on rating PAD:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files1/1302487.txt

Also it can be found in the VA SRD here ( VA Schedule of ratings.)

Did the IMO/IME doc say the PAD was bilateral?

Thanks, yes both of my DRs wrote outstanding IME/IMO, along with the Doppler. the VARO decision letter stated that is what they used to make the decision. so I am not what else my DRs can say, they said it all.

Hugh

[hmcquade]

<<<All you have to do is submit an FDC claim for an increase. (NAVY04)>>>. With no disrespect, this is absolutely horrible advice. You fight the claim you have. You will lose your original effective date for your claim if you file a FDC now. VA should have enough on file to rate you correctly. If they do not, they need to be apprised of it. You have a path to an appeal to accomplish this. You've won. Now it's a matter of deciding how much you won-not begin a new claim to obtain it. Read about Mr. Joe Fenderson, to whom we owe a great debt. He obtained this distinction for us. Use it. http://asknod.wordpress.com/2011/09/27/cavc-fenderson-v-west-1999-staged-ratings/

You are permitted to submit N&M evidence of your medical condition throughout the claims rating period if it is probative and illustrates your degree of disability before, during and to the present time. Just because you won and got the lollipop w/o the lolli is not grounds for a reopening of the claim to obtain what is rightfully yours. You must have some track record of this disease you have accumulated over the years from your doctors. Medical reports, blood tests et cetera. You need to spend more time proactively researching your claim and constructing it. Depending on others to provide you with advice can sometimes backfire on you as here. Defend what you won and expand on it. A claim is a living thing until you neglect it and allow it to become final or make some stupendous error. VSOs are fond of telling you to do this (refile for increase) when your claim is still viable.

a

clear prop

Thanks, the VARO is going to immediately schedule more test to determine if my PAD can be rated for Comp. My DRs have provided the VARO with everything they have on my treatment to date. I will keep researching and fighting.

Hugh