I'm Right Back Where I Started..

[Cherie33]

Hello All,

I wrote some time ago to get some advice of what to do, when the VA proposed to decrease my rating. Well, I received an unofficial letter from the DAV, stating that the VA is leaving my rating where it currently stands. However, I still feel as if I should have been increased. Especially after I submitted the information from my doctor. I'm afraid to go any further, because the last thing I need is the VA decreasing my disability. (currently 50% Major Depressive Disorder with pyshcotic features)

I just don't know where to go from here... Not only that I received a letter from the VA asking me if I want them to appeal the decision (for my IBS condition currently 10%) the traditional way? I don't know what to do.

Does anyone have any ideas or advice?

Thanks,

Cherie33

[carlie]

Cherie,

I really, really wish you would have made it to that DRO hearing before.

Anyways, on the IBS - has a doc written you a statement or entered into your progress notes

that your IBS is as likely as not due to ____ during military service OR is as likely as not a

secondary conditionthat is a result of your already SC'd disability.

In this situation I would elect for another chance at a DRO de novo review and request

a hearing with it.

jmho

carlie

Edited December 13, 2006 by carlie

[Cherie33]

Hey Carlie,

To be honest with you, I wasn't really sure about the hearing. I thought, if I went that I would say the wrong thing, or they may have asked a rick question. You know, something like the C&P Exam dr. did. His statement was one of the main reasons why they wanted to decrease my disability.

Now about my IBS, I'm not sure if he stated that word for word, I'll have to go look at the letter he wrote. I'll go and get it, and post his comments here.

Thanks,

Cherie33

[carlie]

Cherie,

Post his objective findings and/or diagnosis. Also, if you can post us the part in your rating decision listed as reasons and basis.

carlie

[Cherie33]

Ok..Basically the VA said that my IBS will remain at the 10% level in the absence of findings for a higher evaluation from the medical evidence. They also said that the evidence failed to provide findings of a worsening condition for which an increase can be granted.

So,I wrote a NOD and sent it to them.

I received a statement from my dr. and he basically said that my condition has increased over the last several years and has affected her ability to stay employed. He explained more of the problems I've had and the surgery I had, and nothing made it better.

Cherie33

[carlie]

Cherie,

What diagnostic codes are you rated under for your SC'd disabilities ?

What did the VA list in the Evidence section of your Rating Decision ?

What issues did you list in your NOD and did you relate any evidence to the disagreement ?

carlie

Edited December 13, 2006 by carlie

[Cherie33]

Carlie,

They listed Medical evidence from (3) hospitals I went to

Gainesville VA Progress notes

Jacksonville VA examination of my intestines

And a few other things, about my past (when I was in the navy, etc)

When I wrote the NOD, a few days later, I sent them a dr statement from each one of my drs (2) to support my claim.

Cherie33