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,

Anytime you go to the VA for ANY treatment, you can go right from there to the

release of information office,show your ID, sign a form and they will send you a

copy of what just happened - that way you keep your file updated so you know

what evidence is available for your claim. Mind now that doesn't mean you won't

actually need to submit that evidence yourself. VA does have duty to assist but that

doesn't mean they actually do -- they are supposed to.

I also suggest keeping the paperwork from pharmacy. In fact I just had to provide

my local VARO with medical evidence as to meds taken for SC'd seizures and headaches,

I sent them copies of the pharmacy slips I had.

jmho,

carlie

[Cherie33]

Ok....So, this is the info I need for my c-file?

[carlie]

You request a copy of your c-file from the regional office that has your file.

or

101. Should I get my medical records?

VA will do this for you, although it is in your interest for expediting a claim to obtain them for yourself. You can do this by a Standard Form 180 from the National Archives Website, which contains complete instructions on its use. Ask for a complete set of your personnel records, your outpatient service medical records, and, if applicable, your inpatient records

[Guest jstacy]

Here is the criteria for the IBS ratings.

You need to be able to show that you require a higher rating based on the criteria below.

7319 Irritable colon syndrome (spastic colitis, mucous colitis,

etc.):

Severe; diarrhea, or alternating diarrhea and constipation, 30

with more or less constant abdominal distress................

Moderate; frequent episodes of bowel disturbance with 10

abdominal distress...........................................

Mild; disturbances of bowel function with occasional episodes 0

of abdominal distress........................................

[Berta]

Cherie- you got GREAT advise here from other vets-

One thing I see that might be a problem-

Your doctor's supporting opinions have to conform to what the VA expects.

There has been many discussions here under IMO or Independent Medical Opinions as to the proper format.

Often a doctor who is unfamiliar with the VA rigamorale will provide an opinion that supports the claim but the VA rejects it if anything is missing-

The opining doc must have ALL VA med recs etc and usually they need all of the SMRs too.

They need to opine as to the nexus of the current disability to your service for a new claim-

in a claim for higher rating- they should have a copy of the VA's Schedule of ratings that Joh posted here for IBS -in order to shape their opinion to conform to that and to assiciate your medical evidence to this higher criteria.

Also they have to give a solid rationale for their opinion-

referring to their specific expertise that would make their opinion valid.

They should -when possible -support their opinion with reference to a medical treatise or abstract-

and state how this is relevant to your claim.

If you have a negative VA C & P report - the doc should have copy of that too- in order to

medically challenge it.

Remember - one VA opinion against the claim and one private opinion for the claim-

is called Relative Equipoise- meaning -if they are of equal weight, the veteran succeeds.

However to get equal weight or better yet-(they own the scale) an undisputable preponderance of evidence- the IMO doctor must follow some specifics.

At the search feature you can find more info on this.

Edited December 13, 2006 by Berta

[Dale Jr. 8]

Cherie33,

Do not be afraid to go after what you deserve. Va also tried to reduce my rating from 50% to 30% based on 1 C&P that took 5 minutes. I sent in a statement from my primary care doc and a private doc. They decided to leave me at 50%. The very next day after I received the SSOC I refiled for an increase on my back and filed for 2 secondary conditions related to my back. The VA will give you a lower rating unless you point out to them what the correct rating should be. Good Luck Dale Jr.8