diabetes Pulled A Quick One With My C&p

[zeelarry]

Well, I went to my Kidney C&P this past Tuesday. The C&P Exam was posted on eBenefits today, with no surprises. As usual, I took all of my Lab Tests and Private Doc's write ups, that were pertinent to the kidney disease [which were already part of my C-file]. The C&P thanked me & said that it saved him time looking for the info.

NOW, FIGURE THIS ONE OUT- in reading over the whole C&P Exam, the Doc also did a write up on my Diabetes, GERDS, and ED. I just had the C&P done on these ratings back in March 2015, and claims were granted!!!!

The last section of the C&P Form is titled Remarks, if any: It appears that the Doc is given an opportunity to add any additional comments. In all 3, he wrote INCREASE. However, I do remember discussing some of the information that answered the questions, but NOT IN DETAIL. However, some of the critical ones were not discussed and are incorrectly stated on the Exam Form. In particular, the DM Exam Form asks about Regulation of Activities, and he answered NO. I just went through a NOD [Jan 2015] with VA about this, and based on my private doc's letter I was granted a higher rating due to restrictions of activities in April 2015.

I feel that this is a backdoor approach that VA pulled off, in an attempt to lower my ratings. This is absolute BS, especially if they go back & lower my DM %, back to pre-NOD!!!!!!!!!

Edited August 7, 2015 by zeelarry

[USMC_VET]

does sound sketchy.

Looks like on your list that you already have 100% Permanent and Total for your heart, so technically even if all the others were reduced to 0% you would still be 100% P&T correct?

However that being said lets say that the VA looks at this and says "oh goodie lets start a new claim for increase" for an initial claim if you dont show up, you will denied, if its a review and you dont show up you could be reduced and for an increase if you dont show you..you wont get an increase.

If I were you I would sign a sworn declaration (look in my signature line for alink to my post with a template of this), stating...

----------------------------------------

On March ___ 2015 during a C&P Exam with Dr. _____for a Kidney Claim the examiner noted in the remarks section that he recommended an Increase for 3 current Service Connected Conditions; Diabetes, GERD and ED. I wish for it to be known that I do not wish to initiate nor for the VA to initiate on my behalf and Claim for Increase for these conditions. During the Examination with Dr. _____ I was under the impression that this was only an examination for my Kidney Claim, this is based on the VA's letter to me stating that an exam had been scheduled for me regarding a claim initiated by myself and according to my own claim submission this was only for Kidneys, no other conditions (edit as needed and attach the VA letters, and copy of Exam notification listed conditions to be reviewed, etc). During the exam questions were asked about these three conditions, and were answered which i incorrectly assumed was related to my Kidneys or overall health.

At no time was there a discussion that a DBQ/Exam was being conducted to review previously SC conditions (Diabetes, ED, GERD). Only Basic questions were asked relating to this condition and not in the detail necessary to give the full scope of my condition and how it affects my life. I first noticed the request for increase on my behalf by Dr. ______ as well as the suppose exams/dbq (not sure if he filled out DBQ's for all three? was not mentioned in detail in your thread). The exams noted for the three conditions (Diabetes, ED, GERD), which i reiterate once again, were not conducted in a manner that is needed for rating purposes as to the scope and severity of its impacts on my life. Another error is in section regarding "Regulation of Activites", Dr. _____ answered "No" which leads one to believe that I have no restrictions on my activites. This is misleading and false, since a Notice of Disagreement in January of 2015 (input exact date) had been filed and was adjudicated by the VA in April 2015 (input exact date of decision) stating that I do have restricted activities; to be more clear Veterans Affairs has already decided that i do have restrictions of activities, and recently decided that. At no time during my examination was restriction of activities ever discussed and a cursory examination of my file would have revealed that in fact they are.

I wish for this to be a formal notification that i do not wish for an claim for increase to be initiated by the VA on my behalf regarding the above stated three Service Connected Claims (Diabetes, GERD, ED). If the claim for increase has already been initiated by the time of receipt of this notification, I request that the claim be closed as I did not request nor wish it be requested on my behalf.

This letter has been sent Certified Mail with Return Receipt through USPS and Faxed. I have also initiated a message through the IRIS messaging system on Ebenefits stating the same. I wish for this letter to be included in my C-File. Copies of this letter along with copies and originals of the confirmed mailing by myself and Receipt by VA will also be retained indefinitely.

Signed,

YOUR NAME

Encl:

Copy Letter Dated _____ from Veterans Affairs (insert name of facility and address) stating C&P Exam scheduled for Kidney Claim

Copy:

(YOUR CLAIMS INTAKE CENTER MAILING ADDRESS) - Mailed Certified Mail with Return Receipt __(Insert Date here)

(YOUR CLAIMS INTAKE CENTER FAX ADDRESS) - Faxed __(INSERT DATE HERE)___

IRIS MESSAGE VIA EBENEFITS - (INSERT DATE HERE)

---------------------------------------------------------------------

Go write this letter, gather the evidence needed regarding va letters for a C&P exam for KIDNEYS not the others and attach to the letter then mail it certified mail return receipt, fax and go on IRIS via ebenefits.

This should get their attention, and let htem know "Im good no thanks"

[Navy04]

Doesn't look bad to me bud, just the Exam Doc going into further Detail. I have had 4 FDCs and Over 30 C&Ps in the last 2 years, and all of my high %s that were just granted last year, were Reviewed in the last few months, Even though I was not scheduled for a Review until Feb 2016. All of the exams were brutal especially the PTSD Review, but guess what most were granted, and in fact some were increased, and it back fired in the VA's Face. Just wait it out and see what happens. Good luck and keep us posted

[zeelarry]

Appreciate the input & suggested letter. Looked at eBenefits tonight and my claim is already at:

Step 7: Preparation for Notification [with an estimated completion date of August 11-15, 2015]

Let's just see if they award me the correct percentage along with SMC-S!!!!!!!!!!

Not too bad for the turn around time. I filed via the paperless claim on May 18, 2015. That's less than 90 days. A lot better than my initial claims filed back in 2006. All claims [except for 2 that are in the appeal process again - for EED & percentage] were finally granted in 2014....8 years of back & forth REMANDS from BVA, until the BVA finally gave up with the local RO, and ordered their own IMO. and BINGO, the BVA's IMO [from the RO in Wilkes-Barre, PA, totally agreeing with Dr. Bash's IMO.

[63SIERRA]

Ive seen this time and time again... on the CP exam doc will write statement that favors veterans claim in a summary, but in the section where it asks, for instance .... does the veterans gerd affect ability to work,,, yes or no,,, they check no... and guess what the M21 looks at,,, the yes or no boxes..

heres an example of what they did to me for a service connected conditon that left a very large scar.. examiner wrote., patient states scar is painful when bending and painful with chenges in the weather. this is a large scar on the abdomin area..

THEN MIND YOU, right under that was the question., Is the scar painful? and she checked NO.. So I contested the exam in writing, and got another exam..

IT TOOK 4 CP EXAMS TO GET SERVICE CONNECTION FOR A 10 PERCENT SCAR!!!!!!

Read your CP exams very, very carefully, pay close attention to the yes or no questions...

The first exam I had for the scar was a goof because the doc put the wrong info down and minimized the scar.. the second exam was favorable.. but being va is in the business of trying to deny, they scheduled a third exam, this is where the examiner wrote that the scar was painful but checked the no box.. Finally the 4th exam caused a grant for 10 percent, ... 4 exams for a deep tissue 13 inch abdominal scar!!!!! The reason they were hell bent on denial was because I filed for tdui and they were looking to decrease me any way possible to remove me from the 70 percent accumulative rating .

I believe that they are trying hard to stop vets from seeing exams because they are getting busted either falsifying information or making grandiose mistakes

[MarkInTexas]

I'm still amazed that you saw your C&P results so fast. I went through VES on mine back in July and can't see anything on the "Blue Button". Am I looking in the wrong spot?

Mark

[zeelarry]

Mark,

That's where I found mine, under Blue Button. If I remember correctly, I went to my VA health records section [i do not use VA for any medical treatment]. Within that section, there's a place to download your records. I just clicked on ALL, but make sure you also have the dates typed in correctly.

Larry