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Claim For "increase" And Medical Records


Snake Eyes
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Question

I checked eBennies yesterday and found there was a new development letter for my claim which included TDIU application and new contentions for diabetes and complications.

1. The contentions listed the TDIU, diabetese and complications.... AND "increase" for the three issues I listed on the TDIU application. Are these requests for "increase" routine (as in do they consider listing those as reasons for the unemployability as requests for increase)?

2. A new development letter has been sent requesting medical records from a doctor named in the claim. I sent records from all doctors named in the claim, however one of them was from back in the 90s when they used vendor forms and the name of the practice is not on those forms. The file from which those were taken has since been archived and it takes months for them to get a document from their archive. Would the VA accept a letter from the practice stating that the forms were from their practice at the time the now deceased doctor practiced there?

If that is the doctor they're referring to (I haven't received the paper letter yet), his entries only show that I continued to have hypertension after I left the service. Since Dr. Bash did a good job of documenting that I had it in service and more recent doctor records (with doc name and practice included) show hypertension, is this doctor from "way back then" really necessary to my case?

3. This was a fully developed claim. If they request additional documentation, does that revert it back to being a traditional claim?

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"Would the VA accept a letter from the practice stating that the forms were from their practice at the time the now deceased doctor practiced there?"

It might be a good move to try to get that type of letter.

Hard to say....you might not need it.

Did Dr. Bash's IMO raise these issues?

"new contentions for diabetes and complications."

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Hi Berta,

Dr. Bash's IMO raised the diabetes and complications issues, the hypertension and the alleged CUE. These were all submitted with the Fully Developed Claim.

It turns out the doctor in question was here in town and I have the file. I can upload all relevant documents to the appropriate eBennies development letter, or take them with me to the C&P exam, or both.

Unfortunately, if replying to a development letter reverts an FDC to a traditional claim, I already replied to one stating that the information requested was in my FDC claim and stating that my "net" earnings and "gross" earnings are the same unless I have enough tax deductions in 2014 to make a difference -- both were in the marginal income category in any case.

Thanks for your reply.

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