Proposal to Sever Service-Connection

[Sgt. Wilky]

So I received the dreaded envelope that I had been expecting from my fiasco of a C&P exam. They're proposing to sever-not reduce-but sever my service connection on three issues, all related to radiculopathy and neuropathy. I found an office that doesn't mind filling out the paper work, it's just they're booked 6 weeks out. 

I requested a hearing with the hope that it'll take more than 60 days to schedule it, and with the hopes that I can get a diagnoses and a DBQ form filled out with the proper information. I'm also gathering letters, and writing my own, referencing the BVA's decision on my behalf for these issues back in 2015. It's psychologically draining and going through this, I can begin to see why so many veterans live with no optimism and feel like they have no hope. The constant harassing of the VA is tiresome. In my opinion, the system is severely jacked up when a C&P exam can take place on May 18, and 26 days later, they have a decision, but then wait a week to mail it to you, thereby giving you only 50 days to submit evidence. But submit a claim or two, and it takes them almost a decade to sort through their crap in order for you to win a case. I will be writing my Congressperson and Senators about this problem (not that I expect a fix).

 Just venting, but I'm not giving up.

Semper Fi,

Sgt. Wilky

 

[Berta]

Can you give us the Docket # of the BVA case?

[Sgt. Wilky]

9 minutes ago, Berta said:

Can you give us the Docket # of the BVA case?

Yes!

The Docket Number is: 10-42 734 Archive Date is: 10/21/15

[Berta]

Thanks- the remand Order is quite clear, even containing a rating:

"ORDER Presumptive service connection for a qualifying chronic disability of undiagnosed illness characterized by upper and lower back pain with radiation into the lower extremities is granted. Service connection for a bilateral hip disorder is denied. Service connection for a bilateral knee disorder is denied. Service connection for bilateral tinea pedis is granted. An initial disability rating of 20 percent for right femoral medial condyle stress fracture residuals for the entire rating period is granted."

The Remand states:

"The issue of entitlement to an initial rating in excess of 10 percent for the service-connected left femur stress fracture residuals is remanded for issuance of a Statement of the Case (SOC).  In March 2009, the RO, in pertinent part, granted service connection for left femur stress fracture residuals with a 10 percent rating effective from July 29, 2008.  The Veteran was notified of the decision the same month.  In October 2009, the Veteran submitted a Notice of Disagreement with respect to the March 2009 rating decision.  Although the Veteran did not specifically contend that he was entitled to a higher initial rating for the left femur stress fracture residuals, he did state that he had chronic pain of the left hip, which he believed was attributable to a separate diagnosis of tendonitis; however, the evidence shows that the left hip pain is a symptom of, and part of, the service-connected left femur stress fracture residuals.  In a separate letter attached to the October 2009 Notice of Disagreement, the Veteran stated that he had residual left hip and left knee problems related to the left femur stress fracture during service.  Because the RO only considered left hip symptoms when assigning the 10 percent rating and did not consider left knee symptoms, the Board finds that the October 2009 Notice of Disagreement included disagreement with the portion of the RO's decision that assigned a 10 percent rating for the left femur stress fracture residuals, and the Veteran seeks a higher initial rating.  

As the October 2009 correspondence was received by the RO within the appeal period, the NOD is timely.  38 U.S.C.A. § 7105.  No SOC has been issued following the October 2009 NOD regarding the initial rating assigned for the left femur stress fracture residuals.  When a veteran has filed timely a NOD, and no SOC has been issued, as is the case here, the Board must remand, not refer, the issue to the AOJ for issuance of a SOC.  See Manlincon v. West, 12 Vet. App. 
238 (1999) (holding that Board should remand for issuance of SOC when NOD has been timely filed); 38 U.S.C.A. § 7105(d)(1).  Thereafter, the Veteran must submit a timely substantive appeal in order for the issue to be perfected for appeal to the Board.  38 U.S.C.A. § 7105.  

Accordingly, the issue of entitlement to an initial rating in excess of 10 percent for left femur stress fracture residuals is REMANDED for the following action:

Send the Veteran a SOC that addresses the issue of entitlement to an initial rating in excess of 10 percent for the left femur stress fracture residuals.  Given the evidence of left hip and left knee symptoms associated with the left femur stress fracture residuals, consider rating the left femur stress fracture disability by analogy to impairment of the femur (DC 5255).  Inform the Veteran and the representative that, in order to perfect an appeal of this issue to the Board, a timely and adequate Substantive Appeal must be filed following the issuance of the statement of the case.  "

https://www.va.gov/vetapp15/files5/1544213.txt

Have you scanned and attached anywhere here- the SOC the BVA referred to?

Have you scan and attached here anywhere , the proposed reduction letter?

If not please cover your C file #, name, address, prior to scanning it.

Did they acknowledge the grant of the 20% for the right femoral problems and pay that retro yet?

Do you have a copy of the C & P exam they based their decision on?

If they commited a CUE in the decision, that might be able to be fixed sooner than later-

 

[Berta]

Forgot to add-

Do you know the C & P examiner's name- if so have you googled them?

For all we know the examiner might have been a gynecologist- that is what they pulled on a vet here many years ago- a male vet with a physical disability- 

[Sgt. Wilky]

Have you scanned and attached anywhere here- the SOC the BVA referred to? No, I never received this SOC from the Remand. I did however, receive a letter denying the BVA's remand for them to reconsider. They never sent me or my VSO anything on the BVA remand until the denial for the increase to 20%. 

Have you scan and attached here anywhere , the proposed reduction letter? I did not, but I will do that!

If not please cover your C file #, name, address, prior to scanning it. 

Did they acknowledge the grant of the 20% for the right femoral problems and pay that retro yet? Yes, they acknowledged the grant and paid the retro back in March of 2016 for all the issues that were granted.

Do you have a copy of the C & P exam they based their decision on? I do, and it was terrible reading through the lies.

If they commited a CUE in the decision, that might be able to be fixed sooner than later-

Do you know the C & P examiner's name- if so have you googled them? I do know his name as it is on the C&P exam report I printed it off; and yes, I Googled him and he doesn't have good reviews at all. He's a Nurse Practitioner at the Cheyenne, WY VA Hospital.

For all we know the examiner might have been a gynecologist- that is what they pulled on a vet here many years ago- a male vet with a physical disability- 

I will get those scanned and posted, hopefully by the end of the day!

[Sgt. Wilky]

Here is the proposal sent to me a few days ago...

 

Document (4).pdf