Raynauds

[johnnyboca]

I recently filed for a higher level decision because the VA denied my Raynauds syndrome firsy for not having an official diagnosis. After that denial I opened my higher level review. I spoke to the rater on phone as I requested. I explained to the rater that while Raynauds may not be secondary to what my VSO filed for the cause was unknown as the DBQ from C&P stated. So the examiner said it was less likely caused by my military service. I told the rater it was a presumptive condition and even though I filed for it years after my discharge I had military evidence showing what appeared to be Raynauds. He agreed with my statement. I also explained to him that the VA actually diagnosed me with it because I had never heard of it and thought it was from my cervical spine injuries. He asked me what my job was I explained that I was in the infantry and was stationed in the mountains in Afghanistan and certainly had cold weather exposure. He conceded that I did. That sounded great they found and owned an error with "Duty to assist" He sent me back for an opinion to the same C&P examiner who conceded I was exposed to cold weather but since the cause of Raynauds is unknown he still felt it was less likely caused from service. My question is while I understand presumptive conditions do not require proof if filed with in a year I have in my opinion overcome that with proof the Raynauds was present and could have been caused by service. Is this DBQ going to get me another denial?

The rater agreed that the exact cause is unknown which means it can not been proven but also can not be disproven. Anyone have experience with this?

[Berta]

You are certainly correct- Raynald's is a Chronic Presumptive.

https://www.hillandponton.com/presumption-of-service-connection-for-chronic-diseases/

"I explained to the rater that while Raynauds may not be secondary to what my VSO filed for the cause was unknown as the DBQ from C&P stated." VA BS " So the examiner said it was less likely caused by my military service. "

More VA BS.

The "examiner" probably did not have a single clue on Cold Injury Protocol or even how cold it get in Afghanistan.

Can you tell me the dates you were there,in the mountain areas?And the names of where you were?

I did a thesis for AMU  ( this is a war college) and picked "Operation Overlord."( D Day and Ops Neptune)

The weather in the first week of June 1944 was controlling not only General Eisenhower but also Hitler-

I able to find the actual weather maps for the week of D Day and even the temps-

I also just found this:

https://www.afghanistans.com/Information/Climate.htm

The lowest at Hindu Kush was minus 9 degrees in this article .

This site also has a forum.

Also there are plenty of Maps of Afghanistan on the net and this one highlights the Mountain areas:

 

But what did the VSO actually file for?

We have at least one  more or Raynauds syndrome veterans here.

Did you get a Pre Discharge Cold Injury Protocol Exam? It would be in your SMRs.

https://www.benefits.va.gov/PREDISCHARGE/DOCS/disexm09.pdf

You need to appeal this- but can you scan and attach the denial here, with the evidence list?

BUT it might contain a CUE---and if so a CUE claim within the appellate period can go faster than an appeal-

Cover your C file and name prior to scanning it.

Still- the way the vet rep worded the claim concerns me...

What SC do you have now that this could be secondary to?

It should be direct for direct SC.

You can win this.

 

 

Edited August 10, 2019 by Berta
cloud

[Miken2c74]

You know what I like Berta. She is always on it

[Berta]

Do you also have chilblains as secondary to the Raynauds? if so that should be claimed.

Also these posts are from the same vet who also has Raynauds and something there might help:

He 

has rating info as well butt I dont know if that has been chaged by VA since his posts.

 

The VA Schedule of Ratings here will show what Diagnostic code the VA uses and the current ratings for Raynauds.

I bet half of these raters could not even find Afghanistan on a world map.

Obviously the C & P examiner didnt have a clue either.

Years ago a male veteran got a C & P for either PAD ot PN or some sort of leg injury and the examiner was a gynecologist.

Your decision, if we can read it here, might contain a CUE.

Have you googled the C & P examiner to see what type of doctor they  are?