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Concern For Retaliation ?

Rich p


Applied for PTSD and sinusitis. First rating was for 50% PTSD and 0% sinus. Appealed PTSD claim because denial letter said 70% was not awarded because of no suicidal idolization. Even though the c&p doctor emphasized this in three places explaining that I had in fact been court ordered to anger management and committed to a unit for a few days. I appeal sinus on the grounds that the decision stated that even though I had had two radical surgeries for same there was not evidence of ongoing issues. My fault submitted civilian doctors records. I was new to the va system and had not yet received care for sinus issues. I requested a DRO review. I stated clearly that I felt the evidence to determine my case at the higher 70% for PTSD was present in the current c&p which was clearly not READ by the rater. I told that that any jury of my peers would come to the same conclusion based on the documentation. The DRO ordered a second c&p. However in the request for the second c&p the DRO's request stated that the veteran has accused them of being grossly neg. and was in fact very detailed in their explanation. He included a copy of my letter to the doctors. I believe this clearly violates my right to a non adversarial judgement. I believe this was only intended to negatively influences the providers providing my exam. I didn't learn about this until after I got a copy of my c&p in-which both providers increased my ratings based on my exam. The PTSD doctor listed me as sever. As of today ebenefits says my claim is in statement of case. My question is first: after my rating is final should I present this issue to someone, or shut up and live. If denied a rating increase it will definitely be one grounds for appeal. The worst thing is it's all documented by the DRO. My brother is a lawyer, but not this kind. He believes the action would be considered illegal under an evaluation situation providing an unfair circumstance. Personally, I don't want the va to become my world. Just rate me fairly and I'll retire back to my bedroom snipers nest and continue pacing as if something is about to happen. Never does but when it does I'll be ready.

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After I had filed my FTCA case many years ago,I felt the VARO retaliated against me, in adjudicating every single successive claim
I had since then. Even after they had documentation from the OGC on my FTCA award, they still denied my DIC,ignoring the FTCA award ..
I called the OGC right away and they fixed that in a heartbeat and I continued to fight for a proper resolves of my claims.

I recently brought that fact out for the second time in the last 10 years, to the IG and the H VAC.

But my point to them was I am sure not an isolated case in that respect, and have years of evidence from the VA itself that supports my point.

I stated that I consider that whenever VA deliberately ignores our probative evidence, they force us into a backlog that the VA created itself ( I was in the backlog for 8 years on one claim I had and 6 years on another one,solely because VA had failed to even read and consider my medical and legal evidence, which ultimately awarded those claims) and this supports, as I stated to Chairman Miller, the mantra of veterans and survivors , that VA will"delay and deny until they die".

It is either retaliation or down right incompetence or a deliberate refusal to apply basic VA case law and regulations to our claims...

Whatever it is, the outcome can be the same, if any veteran or widow gives up...

" My question is first: after my rating is final should I present this issue to someone, or shut up and live. If denied a rating increase it will definitely be one grounds for appeal. The worst thing is it's all documented by the DRO. "

If I were you I would wait for the decision.If it isn't what you believe it should be, depending on the wording of the decision, and the medical evidence you have, there are steps you can take to appeal it and maybe it might fall under the OIG's jurisdiction. They dont get involved with claims issues per se, but it seems that the DRO documented some very prejudicial stuff here, that could cause a denial which your medical evidence does not support.

I agree with your brother. It is sure not part of a DROs job description ( available here from M21=1MR under a search), to attempt to influence a C & P doctor in any way prejudicial to a veteran. But I know for an absolute fact that happened to a C & P doctor I dealt with,... not a DRO ,but maybe the VSM or RO director did that..the RO had withhreld critial evidence from him and he was furious when he found that out from me. Ihe read his C & P over the phone to me and sent me a copy of iot. The RO had manipulated and parsed it to come out their way, and not what he had really medically opined.

I know how it feels to believe VA has retaliated against anyone as a claimant.A different documented DRO situation, among SOC and SSOCs, I have had, plus my AO IHD denial (reversed in 3 weeks when I raised hell) made that very obvious to me.

I decided to blow a big whistle on them regarding something else,recently , and to stay healthy enough to put up with them until my current claims succeed....

for 2 reasons 1. to get what I deserve legally as a claimant,per 38 CFR and M21-1MR, and

.2. to spite the bastards, and allow me to accumulate even more evidence from the RO itself for my H VAC complaint..on behalf of all VA claimants they deliberately pull this crap on.

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Chronic Sinusitis: The illness or disease must be shown to be chronic in nature (more than six months of symptoms/ treatment with antibiotics) or (detailed history supported by X-RAY & CT Scan photography showing mucosal thickening). I probably would visit a ENT and ask for him to schedule an examination by either X-Ray or CT Scan. The CT Scan is more conclusive and paints a better picture of the four sinus regions. The radiology report is undeniable medical evidence of sinusitis and thus shows the present condition of sinusitis.

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Fat, thank you and yes I clearly met the requirements, but the civilian records were submitted after my c&p. didn't really understand what I was doing at that time

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Learn real fast not to rock the BOAT bud. Too many Starving Vets out there. I had a CUE against the VA a few months back, but it was not worth fighting only for $2500 worth of back pay.

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