Going to file NOD, DAV rep disagreed with my research findings

[Palma114]

I went to see my DAV rep this morning, to let her know that I was going to file a NOD on my kidney disease decision that VARO awarded me in Aug 2016, and I was telling her that I believed that the VARO erred in their decision in rating me on kidney disease stage 3, because when I initially got really sick with kidney disease, I was at stage 4 and of course

the VAMC put me on several medications to stop the kidney disease from progressing higher, so after the VAMC aggressive approach, my kidney disease dropped to stage 3 within about 35 days. This occurred in 2006, and I filed my claim in 2006. So I showed the DAV rep 4 pages from VAMC where they initially diagnosed my kidney disease stage 4. The DAV

rep told me the VARO are not going to consider when you had kidney disease stage 4, because you've had stage 3 for about 10 yrs. I told her its not my fault that the VARO dragged this claim out for so many years. So I ask the DAV rep, how do you think I went down from stage 4 to stage 3, she said because of the medications that they gave you. I said doesn't

that fall under the Ameliorative effects of medication (CAVC Jones vs Shinseki, 26 Vet. App. 56, 63 2012) the board may not deny entitlement to a higher rating on the basis of relief

provided by medication when those effects are not specifically contemplated by rating criteria. She seem to not know about this court ruling, then she says they're still not going to do it. But as I've researched I did not find anything, that kidney disease stages, have to be for a certain amount of time.

[Inarticulate&Distorted]

2 hours ago, Buck52 said:

When VSO makes Mistakes like this  its time to fire them & either work your claim yourself or find a decent and honest hard working VSO that puts your well being first.

jmo

........Buck

All correct. VSO's that tell you to stop fighting the VA are Shills. Go somewhere else, a VSO don't have to live with that decision for the rest of their lives, we DO!

[Gastone]

How about posting a redacted Copy of your C & P DBQ and your Award/Denial Letter?

Have you searched for any BVA Decisions similar to your contention?

Who, Private or VA, PCP or Specialist and what were their  Medical Credentials that DX'd the Stage 4? How long was Stage 4 DX in place before filing the claim and starting the aggressive Meds?

Semper Fi

 

[Vync]

Some VSO's are simply unaware. I had a fantastic pro-veteran VSO at one point who was open to learning. We learned together.

[Palma114]

3 hours ago, Buck52 said:

When VSO makes Mistakes like this  its time to fire them & either work your claim yourself or find a decent and honest hard working VSO that puts your well being first.

jmo

........Buck

I agree Buck, I was sitting there listening to her, telling me that I could not file a NOD of disagreement on the grounds that I listed above, and I told her this is the ruling from the CAVC, she then tells me VA has a lot of laws and rulings.

I was really in shock, of what she was telling me and her aggressive nature in the way she were talking to me on this matter, as if my research findings bothered her. Today I'm going to let her go, its been a difficult 3 yrs of trying to work with her.

[Palma114]

2 hours ago, Berta said:

Palma, you said:

"This occurred in 2006, and I filed my claim in 2006."

Did any decision reveal Stage 4 on the rating sheet or within the decision rhetoric from that claim?

Did the established medical evidence VA had at that time warrant a higher rating for the kidney disease?

( it seems it did based on your post) Was Stage 4 kidney paid at a higher amount then 3 at that time per VA's Schedule of Ratings?

Was the recent decision an outcome of continuous prosecution of the 2006 claim? ( 10 years???? possible and disgraceful)

Or due to a re-open at some point?

A vet rep told me not to file a NOD on an award letter I got in 1998.

It bothered me for years as I realized  he was wrong and I had to file CUE, in 2003, since I had not Nodded the 1998 decision in time.

There were 4 CUEs in that decision. All awarded after a big battle for 3 of them and a brief battle for the last one,fgiled under 1151, decision to deny last year, filed CUE on that, awarded a few weeks later.

You sure did some great Homework---Jones V Shinseki---yum yum--- have you checked for any VA OGC Pres Ops and any BVA decisions that might have specifically addressed the kidney disease or enhanced Jones V Shinseki?

I agree that we often do much better ourselves than having reps or VS0s.

 

 

 

 

 

 

 

Berta, this is an on going case or claim from 2006, not a re-open. In 2006, as I explained I had kidney disease stage 3, and it kept rising, and went to stage 4, so VAMC put me on several medications to try and get it under control, all of this was in 2006, so after about 35 days of the VAMC aggressive medical approach it came down to stage 3.

My c p exam or the ratings decision never mentioned that I ever had stage 4 kidney disease. So I asked the vso the other day, shouldn't the c p examiner and the rater, have at least mentioned that I had stage 4 ckd, regardless of it was for 35 days. She said no, they don't have to mention that to you. (there's 4 pages in my vamc rec that shows stage 4)

Yes I have researched and found a case similar to mind.

I must say I was totally shock, sitting there listening to this vso, pretty much tell me that I'm wasting my time, the VARO are not going to change their decision. After that encounter, it proved to me that I need to let this vso go, immediately. Its been a rough ride with this vso for 3 yrs!

[Palma114]

On 10/6/2016 at 8:36 AM, Gastone said:

How about posting a redacted Copy of your C & P DBQ and your Award/Denial Letter?

Have you searched for any BVA Decisions similar to your contention?

Who, Private or VA, PCP or Specialist and what were their  Medical Credentials that DX'd the Stage 4? How long was Stage 4 DX in place before filing the claim and starting the aggressive Meds?

Semper Fi

 

Gastone, I had a c p exam qtc, Oct 2015, and once I got a copy of the exam, I went to see this vso and explained to her they did not mention my stage 4 kidney disease I had for a period. She said she would handle it.

I had kidney disease stage 1,2,3, and then it went to stage 4 in 2006, and the vamc renal clinic put me on several aggressive medications, to get it under control, it was at stage 4 for 35 days, all of this is in my vamc rec.

So about 5 months later, I filed a claim. Because I was sick, and almost every week I was at the vamc renal clinic getting test ran on me. But for me, the c p examiner and the rater, have not mention that I ever had stage 4 ckd. I believe because stage 4 is a higher ratings!

Edited October 7, 2016 by Palma114