ptsd Rating Received Yesterday

[Michelle]

Well;

I wanted to talk to you all yesterday but I had to Cry a while, take anxiety med and just try to get myself together first. Recap: Berta, SixthSense and other's already know but anyway. I was already 70% Combined SC for PTSD and Chronic Polyneuropathy (in all extremities). I've been SC since 1999, first at 40%, then 70% and once I stopped working Oct/05 I reopened my claim and asked for an increased to IU and T&P. Submitted all the evidence; New EMG/NCS that Neuropathy had gotten worse, private medical documentation, etc. Well after 15 Months they told me I received a increase on the PTSD from 30% to now 50% and they left the Neuropathy at 60% which equals 110% (A new Combined Rating of 80%). However they denied my IU and didn't address the P&T but I guess since they denied my IU that was denying my P&T.

They stated that the MD at my C&P stated they didn't see why I couldn't perform some type of Sedentary Work. I also have Carpal Tunnel Syndrome in my hands but this is all a part of the Polyneuropathy. I saw my civilian doctor yesterday and basically she is now preparing a letter for me to pick up this coming week that states: She has been treating me for the past six years, every month I have an appointment and that in her professional opinion I am permanently and totally disabled and can no longer perform any type of substantial gainful employment. Primarily because I pose a danger of hurting others and myself with little provocation and due to the Chronic Polyneuropathy in all of my limbs I am restricted and can't sit, type, stand, walk, run, climb, bend, or use my hands and arms for over 10-15 minutes at a time. After that period I have to lie down and prop my feet up in order for the swelling, numbness and pain to subside (along with taking strong pain medications).

She is also stating that I take a lot of strong medication throughout the day and evenings for my various SC Disabilities which have strong side affects including drowsiness, off balance, and can't operate a Motor Vehicle while on this medication.

I'm going to personally hand carry this along with a letter from the American Legion who is now my VSO. But I'm a little skeptical about involving them. What do you all think?

[Pete53]

If the C&P Doc wrote lies you should xomplain and ask for another Doc to do it. Just my opinion.

[Vike17]

Michelle,

"They stated they never received any of my new information (EMG/NCS , Documentation from my Civilian Medical Doctor). I personally took it with me to the C&P and gave to the MD (this is what they told me to do) and I told her that this was important but evidently she threw it in the trash so they went by a EMG/NCS that I had in 2004 which was still fine with me but they either didn't know how to read it or just lied about what it stated. Funny thing is it's documented on every EMG/NCS that I've had since 1999 that I have Chronic Polyneuropathy Bilateral, and in all extremities with Carpal Tunnel Syndrome. On the Rating Decision it stated that they denied my hands for nerve damage that their was no documentation to support this (What Idiot's)"

If you gave the C&P doctor those records and he/she didn't address them in the exam and/or didn't send them along to the RO, then that isn't necessarily the fault of the RVSR. You should always send in the medical records that you have to the regional office also, and not rely soley on the C&P examiner. Regarding the denial of "Chronic Polyneuropathy Bilateral, and in all extremities with Carpal Tunnel Syndrome," if the regional office doesn't have the records I stated above, then they're going deny the claim.

"I've started preparing my NOD and addressing each thing that I've caught them on, like Carpal Tunnel Syndrome is Nerve Damage! and it just like they have someone that knows nothing rating these claims. They stated I was denied TDIU because the C&P MD stated "in their opinion I could do some type of sedentary work" Like I stated before my doctor is preparing a new letter which flat out states I am permanently and totally disabled, etc.etc"

Like I said, if the RO doesn't have those records on the "nerve damage and Carpal Tunnel Syndrom," they have to deny the claim. If the only thing in your C-file was one statement from the C&P examiner stating you can do some type of work and there isn't something else from another medical professional stating otherwise, then the balance of evidence is not in your favor. They must then deny the IU.

Your best bet is to obtain all those records you said you gave the C&P doctor and the statement from your physician about being unable to work, and resend them to your RO with a request to "Reconsider" their recent rating decision. These medical records, if not listed on the evidence section of the raing decision, is "new" evidence and, therefore, be grounds for the "reconsideration." Furthermore, a "request to reconsider" generally goes much faster than a NOD/appeal.

From what you posted, the VA made the correct decision based on the evidence they had in front of them. Just send in the medical records ect.. i stated above and everything will work out.

Vike 17

[Michelle]

Vike17:

They do have all of my medical documentation from 2004 that is when I received an increase to my current rating of 70% Combined. I took the EMG/NCS and my civilian docs report because this is what the C&P office told me to do since I had my NCS/EMG just a week prior to the C&P. Plus I emailied VA thru IRIS after I received the Doctor's (C&P) report and notified them that she didn't report anything about what my Doctor's evaluation stated or the NCS/EMG. I saved the emails as well; I also asked them that if for some reason the Doctor didn't turn them in to please let me know and I would send them again.

They never notified me of this until I received the rating. And yes, they are idiots because they have all of my EMG/NCS from 2004, 2002, 1999 which all diagnose me with the disease and that it has continually gotten worse each time I have the tests.

Michelle

[Vike17]

Michelle,

Something isn't making sense here. First, you said;

"...I read over the rating again and it was kind of funny because they told lies, after lies. They stated they never received any of my new information (EMG/NCS , Documentation from my Civilian Medical Doctor). I personally took it with me to the C&P and gave to the MD (this is what they told me to do) and I told her that this was important but evidently she threw it in the trash so they went by a EMG/NCS that I had in 2004 which was still fine with me"

but then said;

"They do have all of my medical documentation from 2004 that is when I received an increase to my current rating of 70% Combined. I took the EMG/NCS and my civilian docs report because this is what the C&P office told me to do since I had my NCS/EMG just a week prior to the C&P"

I'm not quite following it. You state that apparently there was new medical records after 2004 that the C&P examiner never looked at or used in her exam, then state that 'they' have all of the documentaion from 2004, meaning in this context that there isn't any further medical records! At any rate, like I said before, regardless if there is records after 2004 or not, or the records from 2004 are not before the RVSR, then they would have based a rating on the medical records in the C-file at that time. However, you did say you did receive an increase. I'm not sure if it was for PTSD or the other condition that may have been related to any possible documenation from the EMG/NCS that was or was not received by the regional office. I keep saying this time after time after time here that when one sends an IRIS inquiry, the person reading it is not a RVSR who actualy has your C-file in front of them. You should always send in medical evidence to VA by snail mail via certified return receipt.

"They never notified me of this until I received the rating. And yes, they are idiots because they have all of my EMG/NCS from 2004, 2002, 1999 which all diagnose me with the disease and that it has continually gotten worse each time I have the tests"

Again, you said you did receive an increase, I'm not sure what for that brought you up to a combined rating of 70% with one rating at 40% although you posted;

"I received a increase on the PTSD from 30% to now 50% and they left the Neuropathy at 60% which equals 110% (A new Combined Rating of 80%). However they denied my IU and didn't address the P&T but I guess since they denied my IU that was denying my P&T"

which contradicts what you posted earlier (you said you had a combined rating of 70%). Eitherway, you meet he schedular requirments of IU. This whole thing really looks like it hinges on the one statement from the C&P doctor stating you can "do some type of sedentary work." If there isn't anything from another medical professional stating otherwise, then the RVSR probably denied it on that basis. Like I said in my first post, you need to get another statement or IMO from your doctor to rebutt this if you want any chance at receiving IU.

Vike 17