Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Sign in to follow this  
Wayne TX

STUMPED

Question

I had a C & P DBQ done by a VA ENT Clinic in late 2015. The VA examiner diagnosis was Hyposmia ( reduced ability to detect odors) and  Hypogeuisa (decrease in sense of taste).  I was made an award of  0% for both based on the C & P Examiner stating in Remarks Section: "It is at least as likely as not loss of smell/taste is related to SC allergic rhinitis."  Further, under Remarks, C & P examiner stated "No reagents available in ENT clinic to test loss of smell/taste."  I did not identify with the word "reagent" so I looked up the medical definition:  :"a substance used in a chemical reaction."  I was given no testing substance or even a blind test of any kind at this C&P exam therefore stumped in putting together a challenge of "how could a Medical Opinion be determined as reduced, near total, or total loss without reagents involved? If I have to be out of pocket to pay for independent testing done now that would still just be one opinion versus this one and whose to say that testing would meet VA's standards and be thrown out ?????  I will be seeking at a DRO Hearing a compensable award of 10% without any evidence to the contrary to provide as I currently have none.  If no reagents were "available" whose fault is that?  VA or Vet? I'm worse off than just reduced, but I still have no idea to what degree because no testing results. At what degree does total loss trump a reduced opinion? I'm clueless.  This is NUTS and confusing!    Seeking a little friendly advise on how to handle this NOD?  Any suggestions appreciated. 

Edited by Wayne TX

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

You do have an opportunity to challenge a C and P exam.  However, you dont have an "unlimited" opportunity to do so.  When was your RO decision?  Was it within a year?  

Your examiner provided you with a nexus, and you were apparently service connected.  Beyond that, it boils down to "symptoms".  Did you check the schedule of rating for this condition?  

You have 4 choices:

1.  Do nothing.  

2.  Apply for an increase.  

3,  File a NOD if the decision was within one year or

4.  File a CUE if it was over a year.  

     Absent a challenge from YOU or your representative, the examiner is given a presumptive.  Since you did not rebut the presumptive, then the exam is considered valid.  

Share this post


Link to post
Share on other sites

Ad

  • 0

I did 2 & 3 already and just waiting now and figuring out what else I can do. Rating is 10% tops.  I want to effectively challenge the exam for failing to provide testing and rebut the presumptive.  Thanks for the advice and reply.  

Edited by Wayne TX

Share this post


Link to post
Share on other sites
  • 0

Wayne Tx

Was your C&P done at the Dallas VAMC ENT Clinic ?

was the examiner Dr James Fincher?  Kinda looks old about miD 70's

Share this post


Link to post
Share on other sites
  • 0

Buck.....you nailed it on the head.   He's the one and no testing was done either.  

Share this post


Link to post
Share on other sites
  • 0

I've had I bet 20 or more veterans I talk with at  appointment clinics  at MH and Urology ...that have said he loves to mess with veterans and use his MD Power he can to take away their benefits or not get there benefits...so you may be on your guard with him...unless he likes the veteran then no problem but if they see him for a C& P  then he is a total A** H****

A complete Jerk...so do all you can and be serious about your Disability or injury when you go see him.  read up on your disability  so you can let him know you do know some about it  although your not a Dr but you can read.

jmo

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines