Parkinsons & Diabetic Polyneuropathy

[conla]

Last year I filed for Parkinsons Disease & Diabetic Polyneuropathy. They awarded me 20% Bilateral Upper and 20% Bilateral Lower Diabetic Polyneuropathy but didn't award a rating for Parkinsons. They claimed it would be pyramiding the bilateral polyneuropathy awards. I can't believe they would try and conflate the two different diseases. Is there any way they are correct in their ruling on this? They are totally different diseases but they both effect the arms and legs (in different ways) they claim it would pyramiding.

[Berta]

Are you a Vietnam incountry veteran?

Did they deny the Parkinsons claim?

Can you scan and attach their decision as to their medical rationale?

(Cover C file # , name, prior to scanning it.)

With 80% now, are you still able to be employed?

[conla]

Berta, I am a Vietnam Veteran. I served two years and four months in Vietnam, "67-'69 with the 103rd Engineers. I am now 80% SC and they didn't deny the Parkinsons, they didn't give it a rating due to pyramiding. I had a DBQ from a VA Neurologist with Parkinsons diagnosis with my symptoms rated at moderate, and it pertained to only symptoms of Parkinsons. There was no mention of sciatic nerve problems or any thing pertaining to symptoms of Diabetic Poly-Neuropathy in Parkinsons DBQ. But since I had filed a claim for Diabetic Polyneuropathy with a DBQ for it at the same time ,The C&P Examiner did his own DBQ's for both claims. The C&P examiner was just a GM not a Neurologist. I have access to the C&P examiners DBQ's if needed.

 

 

Edited September 13, 2018 by conla

[Berta]

Did the VA ever deny a Parkinsons claim from you in the past? (just checking because of Nehmer  2010- Footnote One)

Have you formally appealed this with a timely NOD?

"I had a DBQ from a VA Neurologist with Parkinsons diagnosis with my symptoms rated at moderate, and it pertained to only symptoms of Parkinsons."

Did the VA list that NeuroDBQ  as evidence? 

" But since I had filed a claim for Diabetic Polyneuropathy with a DBQ for it at the same time ,The C&P Examiner did his own DBQ's for both claims. The C&P examiner was just a GM not a Neurologist. I have access to the C&P examiners DBQ's if needed."

If you have not filed a NOD, there is a CUE basis here-

it would be a CUE under auspices of 38 USC 5109, and the violation is this regulation:

 

"4.6 Evaluation of evidence.

 

The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law." 38 CFR 4.6

----------------------------------------------------------------------------------------------------------

A Neuro DBQ is a probative "element" and would render the C & P exam as faulty because it was not done with any expertise. 

Even if you did file a NOD , you can still file a CUE on this-

technically you did not really get an actual  Parkinson's VA  C & P exam.

You could state that the examiner tried to assess two separate conditions as one condition- yet they are far different disabilityies and you could refer to and enclose the Neuro DBQ they failed to consider as evidence.

 

 

 

Edited September 13, 2018 by Berta

[conla]

Berta,     They didn't deny the Parkinsons claim ,they combined two separate claims (Parkinsons, Diabetic Poly-Neuropathy)as though they were ONE claim claiming the same symptoms. They stated that clearly in the four pages I posted above. They ignored the VAs Neurologists DBQs and used the C&Ps DBQs  that he combined during his exam. I provided them with two separate DBQs from my VA Neurologist and the explanation says they disregarded those and used the more recent C&P exam DBQs. I did not submit a NOD I asked for it to be Reconsidered at the advise of my DAV representative. I now realize I should have filed a NOD like I went in there to do, My mistake I now realize. How do I correct this, my one year to appeal has just expired.

 

 

[Buck52]

File the NOD electronically  either you or your VSO   ASAP.  

I understand e-benefits is out for maintenance or upgrades? check with your VSO =ASAP.

as long as you get your NOD IN before the midnight dead line  of 1 year.

"4.6 Evaluation of evidence.

as Ms berta mention you may have a Big old CUE

 

Edited September 13, 2018 by Buck52

[conla]

Buck52, The one year deadline to appeal was Aug. 30,2018. My DAV VSO talked me into filing for a reconsideration, he said it would keep the NOD and CUE options open. I think I need a new VSO, I joined the DAV just to get better representation, boy was I wrong.

I guess now I'll have to try to straighten this mess out on my own.