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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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Frank89

High Cholesterol and Peripheral Vascular Disease

Question

I have been dealing with Peripheral Vascular Disease for 5 years.  When I was active duty in Naples, Italy, in 1993 during my physical exam coming back to the States, my doctor said that I had High Cholesterol.  I was discharged from active duty in Oct 1995 and during my physical when leaving the military I was still diagnosed with High Cholesterol.  I know that high cholesterol is not considered a disease but a lab finding.  My question to everyone who might have an answer, here it goes.  Can I claim my current PVD to my High Cholesterol as either a service-connection or as secondary to my High cholesterol?  I really would appreciate everyone's help! Thanks in advance.

 

Chacho Cvazos

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GHello Ruby, as for me I have had including this month (2 surgeries + they had to go back in to stop clotting). In 2015, 2 surgeries also.  As for me next time I end up in the hospital it will be amputation. They can’t do anything medically anymore, just of bunch of blood thinners. I’m sorry to hear that, Good luck with everything.  

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@GBArmyHere is the original approval rating papers for the 60%......see what you think of it.  Thank you brother, you have been very helpful all the way around.  ThxF0377EC9-8962-4D30-9EE8-F7603F133FF6.thumb.jpeg.697b928940b95ef0cf7a00b84ae6a70f.jpeg

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First off, if you have the doctor write a letter for you have him say that he has read all of your medical records and deliver your STR's to him to evaluate.  This is very important, as important as stating that your medical condition is at least as likely as not related to your service.  Fight the reduction of the benefits.  I cannot remember all of the intricacies of removing a rating but I did not think they could just say the rater made an error and change your rating to zero.  That is a question for @asknod.  I still would fight this all the way to the BVA is necessary. 

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Frank/Chacho

What Vetquest suggested is right on:

To win this I would say that you need a rock solid independent medical opinion by a vascular doctor.  Being there are not that many doctors that fit this bill it may get expensive.  I would ask your current doctor if he believes that this could be caused by your bad cholesterol levels and ...

OK, so your current VA doc is willing to write a IMO for you. That is great; they almost NEVER will do that. Look at the "evidence file" that is included in the letter and see the dbq's that are referenced. Those are what the VRO used to base your 60% rating on. Really go over them and see why he rated the way he did and what can the VA do now to shoot it down. You have to anticipate what they are going to say to start to build up your side. If there is nothing "wrong" with his original logic, then you should be able to defend the position now. If it was wrong, you probably have to wait and see what he used. If the VA formally says it is going to reduce your rating, they have to give you a warning  and I believe you have 60 or 90 days to show why it shouldn't be down graded (the response time limit, etc.  will be in the letter). Your nexus letter/IMO has to say by the doc "based on my experience , education, _ years as a specialist in the (Vascular) field, this veteran's PVD initiated while he was in active duty. The (gentestation period) for his type of PVD is consistent with his time in service, x years ago) manifesting its advanced stage to where it is today. This is based on a thorough review of his STR's and medical records, including his meds XYZ, and my overseeing of his health these last x years. Studies show (here you have to get some tech journals med opinions etc. to correspond to what you need to support . Your doc just can't say "in his opinion" that isn't strong enough.) If you can't find med published items, you are in a weak position. You may have to try and find an IMO vascular expert to do this for you. But this is for sure, they smell blood in the water and they want to get that 60% disability off their books. Do a cost eval  and see if it is worth the risk to go to an independent IMO expert. Lastly, if you can't furnish that med back up for your doc and he doesn't have anything either, any supporting documentation from him ALONG  with an IMO will enhance your claim.

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Vetquest,

Is there a procedure to go about and requesting my DBQs?  The exam was done by LHI a sub contractor for the VA.  Thank you guys for all your help, its a little overwhelming, so please bear with me if I come asking some simple questions that I dont know the answers to.  Again, thank you.

 

Chacho

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    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

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      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

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      M21-1 Precedent setting decisions .docx
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