Denied everything.

[Andyman73]

I know it's not official until you get the letter in your mailbox, but I just looked on ebennies for the first time since last Thursday and saw all my current contentions are denied. 

This is after I spoke with the VARO on the phone, and after she said which one's were go and which were no go.  Even the one the examiner wrote at least as likely caused by another SCD!  And she said it would be granted, probably only at the 10% level.  It was supposed to be a secondary, but ebennies shows it as primary.

Anyone got a one way ticket to Mars they aren't using, cuz I already been to Death Valley!

 

[Andyman73]

Ok, well, regroup and outflank them, right???

On the 3rd I have an appointment, now, with my private dentist.  I called and spoke with them in regards to my worn down teeth and jaw pain.  I told them when I was in the Marines I was having a lot of trouble with pain in my jaw.  And that the dentist strongly suggested I get checked for sleep apnea, since in his professional experience younger folks with worn teeth more often than not, have SA.  Which I got tested and DXd for, 2 years ago.

Lady looked in my file and says yep, we put you in for a mouth guard back in '13, but my ins. denied.  I said I will bring in my STRs showing their findings and a questionaire(DBQ) for the dentist to use. 

So, now I just need to download and print the DBQ for painful jaw condition and a copy of a nexus letter.

Semper Fi.

Andy

[Andyman73]

Slight change of plans, due to scheduling conflict, my dentist appointment is on the 12th of Feb.

[Navy04]

Sorry to hear of what you are going thru bud. Do you currently seek treatment thru the VA?  Good luck and keep us posted. God Bless

[Andyman73]

Navy04,

Yeah I do.  I go every 4-6 weeks for MH therapy.  He's the one who said that pain is one of the most common causes of depression, especially chronic pain.  I asked him before I filed my claim for that.  Examiner ignored 99% of my evidence pointing to chronic pain, over the past 23 years.  VARO said physical evidence aside, she can't go against the examiner's opinion.

I was going to PT for the pain in my hips/waist but the PT stopped after 3 sessions.  Said he doesn't see any reason to continue as there was no improvement and the radicular pain was quite evident to him.  He referred me to see a Physiatrist for further evaluation and the next step in treatment.  VARO denied this even though she said that the PTs repeated mention of radicular symptoms was more than enough to link it as secondary to my SC low back.

She denied my R ankle since the pain isn't separable from my pes cavus feet SCD.  OK, so no matter the examiner put at least as likely as not caused by the SCD feet condition, with ROM in the 10-20% range...she told me this one is good to go, but may not get to 20%.  Said she will review the evidence to see if she could get it to 20%.

I'll be going to see my PCP in the next week or two, had to reschedule due to Blizzard Jonas.  Will be speaking about this with him.

[ArNG11]

Andy don't take that crap.  If that were the case then the VA's opinion would never be substandard to the effect that it has to be appealed.  Benefit of doubt, credentials and expertise of the doctor, a more thorough examination from a competent and unbiased professional with the background to substantiate his or her findings with past and contemporary medical evidence.  A gynecologist to opine on a respiratory issue is my example. Or using a Nurse Practitioner to trump a  specialist doctor.  Complete BS.

Remember  a draw between doctors the VA is supposed to give weight to the more experienced and specialized doctor but the VA never does this. Nor if the evidence is both for and against the nexus.  By law, you are not supposed to loose.  Plus the right language on records review and as likely as not.  Most times it never gets caught because the Veteran does not know any better, hence why so many claims wind up on the "hamster wheel"or just plain get abandoned once denied.

My increases, particularly this last batch, I didn't submit anything that I hadn't before, Ellis' opinion to be precise. The probative evidence was there back in 2014 and the VA gave me the increase based off that examination, but gave me the increase in 2016, well to be fair 12/31/2015.  The VA had the evidence, a valid medical opinion, from a doctor that actually read my records all along. 

Don't give up bubba and don't take the crap.  JMO

 

P.S. The kicker is the VA just gave me what I need to fight my other low balls and denials.

"fight till your last breath"

 

[pwrslm]

"VARO said physical evidence aside, she can't go against the examiner's opinion. "

That's horse manure.

The rating official is obligated to use your entire medical record to develop the correct rating decision.  38CFR 4.6 covers this quite adequately.  They MUST include the records they have in your C File that contain positive information.

If they want to give the reasons and a basis to set aside the information, they must do so in writing, they can not just ignore it like it was irrelevant.

 

If they did, it is a CUE.