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2NDMARDIVDOC

ADVICE / OPINION NEEDED PLEASE

Question

Many of you have seen my prior posts regarding my "bladder condition" claim. Here is the latest news. Please tell me your thoughts. The brief history is that in November of 2016 my VSO filed a CUE / re-open on a bladder claim that was denied back in 02. The original claim showed a condition that was diagnosed in service as "overactive bladder" what's important to understand here is that the overactive bladder WAS NOT LINKED TO ANY OTHER CONDITION. It was a stand alone diagnosis. I was treated in service and placed on meds. The original denial stated that the " preponderance evidence was not in my favor" Please also know that there was absolutely no conflicting evidence or opinion to that diagnoses, and to the best of my memory, I was never given a CP exam for that claimed condition back in 02.

I never filed a NOD on that denial because at that time, I didn't know any better. Fast forward to November of 2016, my VSO filed the CUE / re-open with new and material evidence. I was scheduled for a CP exam for the overactive bladder and it was scored VERY much in my favor. The examiner confirmed the diagnoses of "overactive bladder" She also linked it to an in-service condition based on the military medical records I provided. I also submitted another nexus letter form a different doctor stating the same thing. Every single doctor, including my urologists have documented the diagnoses as "overactive bladder"

I received a notice the other day that the claim had been deferred for a medical opinion. I inquired through the IRIS system and the response I received was that the rater wanted clarification from the examiner as to whether the overactive bladder was a primary condition or a symptom of something else. Right about then is where I totally lost it. Like I said, EVERY SINGLE DOCUMENT I PROVIDED THE VA STATED IT WAS A PRIMARY DIAGNOSES AS WELL AS THE C&P EXAMINER'S REPORT STATING THE EXACT SAME THING. What are they trying to do to me?? Why are they not using the evidence that is right in front of them including their own damn examiners diagnoses?

Any thoughts, advice etc. would be greatly appreciated.

 

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Berta    2,808

I think they are trying to determine if it is a secondary condition:

The examiner confirmed the diagnoses of "overactive bladder" She also linked it to an in-service condition based on the military medical records I provided. I also submitted another nexus letter form a different doctor stating the same thing. Every single doctor, including my urologists have documented the diagnoses as "overactive bladder" ."

I think the VA is handling this claim properly.

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Berta, I agree with you but what I am trying to explain here is that the mountain of evidence I have provided, including the opinion of the CP examiner if that it is NOT a secondary condition, it is the PRIMARY condition. I have had multiple diagnostic testing to see if it is being caused by something else and every test I've had is normal. Every doctor that ever been involved has documented that it is NOT related to anything else. The VA has all of this evidence already. Why would they be asking for something that already have in duplicate?

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Hamslice    286

For me, having a claim reffered was a good thing.  I think I have had it happen twice, both were subsequently service connected, one a 0% and one at 20%.

The one that was rated at 20% was a request for increase from 10%, and I think he (the rater) sent it out for someone else to look at it.

You did't say what VA disabilities you currently have, so I will not guess what they are looking at, but, secondaries are not a bad thing, and in my case, my secondaries (all three) got higher ratings than what there primaries were rated at.

I have stated this before on this forum, but again, I have a primary rated at 0% with a secondary to that condition rated at 30%, so don't sell a secondary short.

And, zero's are good too.  I have seven 0's.  But if I die from one of them, my wife gets DIC.

Anyway, keep plugging alone, it takes time in VA land almost all of the time,

Hamslice

 

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