Denied

[pacmanx1]

The crazy one here, I will not go into any personal rant about how screwed up VA is. I will just say that VA will deny any and all claims they choose regardless of the evidence until the veteran appeal their (VA) decision.  It is always best to file a NOD than to file a CUE claim but if you have the evidence and you have gone beyond the time of filing a NOD then definitely file a CUE claim and get a qualified attorney.  IMHO (IN MY HUMBLE OPINION) a veteran is a better advocate than a VSO but a veteran does need some assistance with getting through VAs' red tape if s/he is not familiar with it. Keep in mind that VA make decisions because they are in the position and have the power to do so. Getting angry/Yelling at them/Cursing them or even Correcting them can cause retaliations that could cause problems in the veterans claims. VA can be very vindictive and it is the veterans livelihood that suffers.  Just passing the word on. Never Give Up.

P.S. We have not mentioned it in a while but there are VSOs and VA personnel lurking around these boards and with any good thing there is always bad things in there mitts.

[OldJoe]

And no, I can never just stop with a simple sentence or two, or three, ...

Sorry.

[Guest]

I am not sure if you would call  it the Three Card Monte or the Shell Game but the current backlog has gone down but who is watching the current appeals pending? Are they even considered in any current report or are they just lost in the wind?

[gs106]

I don't disagree with anything you said but it isn't only the raters that do a pp job, I think you have to include some of the C&P examiners  I just had a C&P exam for fractured foot, deviated septum and bilateral lower extremity radiculopathy secondary to LOWER BACK.  I couldn't believe what the doctor wrote in the DBQ.  I'm not including the entire DBQ but enough to show the total incompetence of the doctor.  I just went back to a civilian pain clinic this morning for a second epidural.  The doctor talked with me and said he was going to do the injection in a specific nerve going to my LEFT leg and foot.  When they did the x-ray to show him where to put the injection the conversation between the doctor and xray technician went something like this:  Doc "what is that?" technician - "what is it?, I've never seen anything like that."  After four attempts at the injection the doctor told me he couldn't do it because there was no space for the needle.  He had to get another packet of syringes and do the injection in the spine.  He showed me the x-ray after he finished and explained why he couldn't do the initial injection.  He said "at least now I know why you are in pain."

I sent copies of the doctors notes (sciatica), MRI results showing multiple nerve impingement, and the examination results from my first visit to the pain clinic with my claim but the VA doctor says it is due to a fractured foot.  The date of diagnosis of the peripheral neuropathy below is the date I fractured my foot.  

1. Diagnosis
------------
Does the Veteran have a peripheral nerve condition or peripheral neuropathy?
[X] Yes [ ] No
Diagnosis #1: Peripheral neuropathy
ICD code: 302226006
Date of diagnosis: 11/16/1999

3. Symptoms
-----------
a. Does the Veteran have any symptoms attributable to any peripheral nerve
conditions?
[X] Yes [ ] No
Paresthesias and/or dysesthesias
Right lower extremity: [ ] None [X] Mild [ ] Moderate [ ] Severe

11. Nerves Affected: Severity evaluation for lower extremity nerves
-------------------------------------------------------------------
a. Sciatic nerve
No response provided.
b. External popliteal (common peroneal) nerve
Right: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis
If Incomplete paralysis is checked, indicate severity:
[X] Mild [ ] Moderate [ ] Severe

17. Remarks, if any:
--------------------
VBMS reviewed.
Medical opinion: veteran peripheral neuropathy CONDITION is at mild
severity and is least as likely as not due to injury incurred in from
Jones fracture in service as evidenced by numerous STR for same
complaints.

[Guest]

42 minutes ago, gs106 said:

I don't disagree with anything you said but it isn't only the raters that do a pp job, I think you have to include some of the C&P examiners  

 

Yes, this condition is systemic, keep in mind that C & P examiners must go by certain C & P index examinations given by the VARO which may or may not be complete and the C & P examiner may not be experienced or competent to complete a proper C & P exam. Of course the examiner may also not be veteran friendly. It seems that there are more denials than grants coming from VA lately.

Edited June 2, 2016 by pete992

[Andyman73]

On 6/2/2016 at 2:34 PM, OldJoe said:

And no, I can never just stop with a simple sentence or two, or three, ...

Sorry.

Oh, but you did just that, here! Lol!

You are so right, when I was going through my initial claims process, in mid '98, while still on AD, I had no idea I was about to get the shaft. I fell down stairs on my 5th day of Boot Camp, November 1992. Landed knees first, then chest, legs rebounded behind me, compressing my lower back.

My knees are one of the most noted physical issue in my SMR, all 6 years of it, and yet it took till August 2000 to get granted only 10%. Two years, of which 6 months were still AD time. The other contentions were granted by May of '99, and back dated to 11/98. I went to the VAMC well over a dozen times for my knees alone! The problem??? The way past retirement doc who was treating me finally retired.  New Dr. sent me to the big VAMC in Philly, got it all squared away. I was so grateful at that time, that I just let it all ride. 

I know now, that I should have filed for EED to my EAS, and so on and so forth. Same with my MDD and SA.

But I'm here now, better late than never.

Semper Fi.

[OldJoe]

Andyman73, it sounds like things are finally working out.  Hope I am just as successful.

I know it will take time and I have to be patient.