IMO from Dr. Anaise, CKD

[Palma114]

On 8/24/2016, VARO made a decision on my Chronic kidney disease claim. They granted me a 60% rating, on CKD stage 3, and Definite decrease in kidney function. I was initially at stage 4 CKD and sick, so they put me on several medications to get my numbers to come down, well after about 45 days it drop from stage 4 failure to moderate stage 3. So I initially filed my claim back in 2004, as all of this was occurring. So I just recently filed a NOD, which states I should have been granted 80%, for stage 4 CKD.

So the C&P Examiner in 2015, never mentioned that I was ever at stage 4. So they only rated me on my now medical status, which is stage 3. So I got an IMO from Dr. Anaise, and he states: A BVA decision in a similar case dated October 26, 2012 states (David Jones, Appellant v. Eric K. Shinseki, Docket No. 11-2704):

The court holds that the Board committed legal error by considering the effects of medication on the appellant's IBS when those effects were not explicitly contemplated by the rating criteria...As this Court has made clear, the Board's consideration of factors which are wholly outside the rating criteria provided by the regulations is error as a matter of law. "Massey v. Brown, 7 Vet. App. 204, 208 (1994); see also Drosky v. Brown, 10 Vet. App. 251, 255 (1997) (finding legal error where the Board, "in essence, impermissibly rewrote" the regulation by considering factors wholly outside the rating criteria); Pemorio v. Derwinski, 2 Vet. App. 625, 628 (1992) ("In using a standard that exceeded that found in the regulation, the Board committed legal error").

Conclusion

After reviewing all of the veteran's medical and military records, it is my expert medical opinion that the veteran's service-connected renal dysfunction warrants an 80% rating. It is abundantly clear from the record that the veteran was diagnosed with stage IV renal failure with a creatinine of 4.5. It is true that the creatinine has improved once medication allowed for some recovery of kidney function. Yet, the rating specifically states that the veteran is entitle to 80% disability when his creatinine rises to 4.5, with no disclaimer to that statement.

A higher evaluation of 80% based on renal function is not warrant unless there is:

* Persistent edema and albuminuria; or, * Creatinine 4 to 8mg%; or, * BUN 40 to 80mg;

Edited December 20, 2016 by Palma114

[jfrei]

Dr Bash he seems like a good doctor but I explained I wasn't going to spend 10k this was before I won my TDIU claim just yesterday it shows on Ebenefits just wanted a letter to go with my two Va doctors who already agree that my TBI residuals are permanent. I just have to file for it don't know how long it takes for that though...

Edited January 9, 2017 by jfrei

[john999]

Are you P&T yet and what about Housebound? Don't stop fighting until you get those benefits.  With good IME's you can do it.    I got P&T within one year of appeal for denial of Chapter 35.  We have something called "Channel 8 on your side" here in Tampa.   They have gone to bat for vets and gotten immediate solutions to problems that would have taken years.   The VA can jump you right to the head of the line if they feel the heat from media.  They can solve all problems in minutes it they want to do it.  They must feel flames at their feet to act swiftly.

 

                        John

[jfrei]

Not yet I don't even have the decision yet but have a copy from my attorney that says it its still officially open the help line said because the retro of two months hasn't been finalized. He said anyday its on 3 k since I was 90 before the 100 TDIU went through. I meet the housebound requirements the doc said think that's why I get SMC S now.

[Nick2021]

Received a decision on my sleep apnea as secondary to allergic rhinitis...approved, using Dr. Anaise's nexus letter.

Edited February 28, 2017 by Nick2021
misspelled name

[Berta]

That is Great News Nick!

[gbat]

I filed a loss of organ ( kidney due to cancer ) claim. It is in the gathering evidence claim. I think they are requesting my service and va medical notes. Of course nothing will be there since I got out of service 23 years ago. I filed this due to chemical exposure TCE over twelve year period. A WRII doctor said it is as likey as not that it could of came from exposure. Also said I smoked for twenty years and that has been known to cause cancer. Would this Doctor be qualified to do an IMO on cancer matter? Should I wait until denial comes in then get IMO? Any thoughts? I have NOD in for PTSD for over year now. That started in 2012, but VSO set me up with private shrink for a year and intial diagnos must come from VA. SO that was wasted year for benefit. ( Did help me mentally )