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

[hmcquade]

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.

this is embarrassing, but I do not know what a DBQ is, so not they did, when I get a chance I will post the IMO's

Thanks,

Hugh

[hmcquade]

Here is the VA PAD Decision, I would Like to note that I sent in 3 DRS IME/IMO. Dr. Singers IMO was never cited in the VA decision Letter

VA PAD DECISION.pdf

[FormerMember]

What they are preparing to do is so predictable. They will give you a new C&P that will confirm the PAD is compensable. They will assign the date of the C&P exams as being the first they've ever heard that your condition warranted a compensable rating. You'll have to NOD this or, better yet, scour those records for the evidence that the PAD impairs, to a compensable degree, the lower extremities and that it was when you filed or the informal 2013 claim was begun. To get the earliest date you need to synch your conditions via contemporary records and resubmit/yellow highlight them to enunciate your contentions. These guys have 20/400 coke bottle vision.In my c-file there are about 10 copies of my medical records from an Air America Hospital showing my back was injured. They just couldn't "see" them until they got to the CAVC. There, of course, the sunlight is better and brighter and it became "evident".

a

cp

[TiredCoastie]

I agree with Asknod. Be ready to fight for that "informal claim" date they mentioned in the decision letter unless you have evidence that they missed this sooner. Per my earlier post - just found your new post - the effective date of any rating increase for PAD is my biggest concern for you right now. Hopefully everything will work out OK. At least you got somewhere with the "reconsideration claim" you didn't ask for.

You've been working on this for quite some time. Is PAD the only condition you needed to appeal back from your original claim?

[hmcquade]

I agree with Asknod. Be ready to fight for that "informal claim" date they mentioned in the decision letter unless you have evidence that they missed this sooner. Per my earlier post - just found your new post - the effective date of any rating increase for PAD is my biggest concern for you right now. Hopefully everything will work out OK. At least you got somewhere with the "reconsideration claim" you didn't ask for.

You've been working on this for quite some time. Is PAD the only condition you needed to appeal back from your original claim?

I only filed for the PAD, It was the DAV that gave me the wrong information to ask my DRs for, hence the claim was denied on lack of supporting medical evidence,, no nexus and the C&P Drs. report. the whole thing was a cluster F. I filed the original claim in Nov. 2013. I do not know what the heck I can do to prove I am having problems due to the PAD, My DRS wrote in their new IMO/IME that I had Caudation, trouble walking, pain, etc. weak distal pulse of both feet.

Hugh

[NavyWife]

Hugh--

The DBQ stands for disability benefits questionnaire. It is a form that your doctor can fill out to indicate your level of disability, As well as other things such as a diagnosis.

Here is the one you would use for pad. I believe section 4 applies to you and section 4D would determine your rating.

http://www.vba.va.gov/pubs/forms/VBA-21-0960A-2-ARE.pdf

At this point you can choose to let VA schedule you a C&P and the VA doctor will fill out this form. Or the second option is to take this form to one of your doctors that wrote the IMO and have them fill it out then send it to VA. For me personally, if it is an option to have your own doctor or several doctors fill out this DBQ for you, I would certainly do it. That way you can be certain that the doctor checks off the correct boxes rather than leaving it up to an overworked C&P examiner.

Then VA will look at the rating schedule and compare that to the answers that the doc writes on the DBQ.

Here's a link to the rating schedule for you.

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div6&node=38:1.0.1.1.5.2#38:1.0.1.1.5.2.109

Do you know if they're rating you under rating code 7114 or 7115?