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Denied Again

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LeroyJohnson

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hello everyone ,what a day got three seperate packets from the va all denials . Every one of they denials had medical opinions from Dr Bash. They stated he did not give reasons for his medical opinions and did not give me a phycial exam therefore I was denied. He gave them 28 pages of why he had the medical opoinon he had. Guess it is back to square one with another NOD. They even denied an increase for Ptsd stating that 50% was more than high enough with a gaf of 38.

Leroy :(

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Wow, that is complete BS. Funny how they'll take a VA nurse practitioner's opinion from a 30 minute exam, but they won't take a detailed exam from a treating doctor. A 38 GAF quite literaly means you are unemployable, but the RO answers to no one and you have to take the long road to get a proper rating.

These are the cases that SO's should be storming washington over, but they don't...they plug along with the standard appeals at the detriment of all veterans. No way did the RO disprove your claim by a "preponderance of the evidence", nor did they use the "benefit of the doubt". If the VAROs don't have to follow title 38 then why even have it?

Keep your spirits up and file a solid NOD... I'm sure you'll get what you deserve.....eventually.

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Wow, that is complete BS. Funny how they'll take a VA nurse practitioner's opinion from a 30 minute exam, but they won't take a detailed exam from a treating doctor. A 38 GAF quite literaly means you are unemployable, but the RO answers to no one and you have to take the long road to get a proper rating.

These are the cases that SO's should be storming washington over, but they don't...they plug along with the standard appeals at the detriment of all veterans. No way did the RO disprove your claim by a "preponderance of the evidence", nor did they use the "benefit of the doubt". If the VAROs don't have to follow title 38 then why even have it?

Keep your spirits up and file a solid NOD... I'm sure you'll get what you deserve.....eventually.

That is an outrage Leroy!-

and ridiculous- the GAF should render you much higher on the PTSD and the other stuff-

since when has the VA ever said that before- that Dr. Bash didnt examine =so his opinion is not any good?

I bet Dr. Bash gave them plenty of rationale for his opinion-and the BVA has plenty of cases where he opined but never even met the vet- are you supposed to go to Bethesda for his opinion?

Crap- we cannot allow the VA to pull this crap-we shouldnt even have to get IMOs in the first place but they make us do that-with their 15 minute so called C & Ps.

dont feel bad- a wannabee Decision Review office denied my claim with an IMO from Dr. BAsh and also from another doc- my vet rep and the VSM questioned her as to why and she said she didnt understand medical stuff-NEVER even read it all--- duh- she should have given it to another doc from the VA to opine on and also she sure denied me my 38 USC 5107 rights- that is all getting squared away now-but-

in your case-

I dont think you got 38 USC 5107 either- how did they state that they weighed the evidence and denied Benefit of Doubt?

Did they get some quack VA opinion too?

Did that doc actually examine you?

I bet Dr. Bash spent more time studying your med recs that any C & P you ever got.

I suggest that you file an NOD and take BVA claims numbers off of Dr. Bash's web site- where VA granted but he never 'examined' the veteran.check them out first at the BVA site- And remind them fully of his rationale that supported his opinion.

Submit a few to show that it appears they are discriminating against you or attempting to re-write VA regs.

Ask them to give you a clear statement as to how they applied all provisions of 38 USC 5107 to your claims.

Have you filed a formal TDIU form yet?

Jay is right -that GAF is LOW- sounds like 70% or 100 to me-

Did you have a specific statement from Dr. BAsh or anyone that you are unemployable due to SC?

This crap really ticks me off- it is not that this is not a valid claim- it sure is-

but Leroy we are dealing with illiterates----

The VARO up here in NY is packed with them.

I feel that you have weighed the evidence into Benefit of Doubt criteria- they own the scale though-

Did they have anything medical at all from a doctor that actually went against Bash's opinion?

Also I think you should tell Craig too-- he should know the VA is trying to pull this- they could say in just about every case he gets that he didnt "examine" the veteran so they can deny and not consider his opinion.

They dont pay for IMOS and now they want the vet to travel to get one? Ridiculous!!!!!!

Do NOT give up! read over the decisions when you have settled yourself a little more on this-

I bet they did not even read the IMO well at all-

also - TBird posted the CFR regs here as to Schedule of Ratings and you could send it to them with your NOD on the PTSD claim-and spell out how you specifically fall into a higher rating criteria-like 70% -

I send the VA their regs all the time-

and highlight them as they apply to me or the veteran I am helping.

I had to send the VARO the DROs job description a few weeks ago-

and already sent them 38 USC 5107 and 32 reasons why I should succeed under this reg. My vet rep agreed- he doesn't get it either-

some of us (not all of us) get these dopes who cant read or they try to skirt around VA law.

They think we will go away- HA!

When my claim is done I am writing to the Inspector General about how in over 10 years my VARO still has illiterates accepting a fed paycheck and they have no respect at all for 38 USC or CFR or even their own job description. Dont give up Leroy-I think they actually count on some of us to do that.

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thanks Berta and Jay I am going to take a day and let myself and my wife (who does all the writing for me )calm down .this got me depressed and her madder than I have seen her in a long time.

they gave no other medical opinions in there denials. They said and I quote "it does not appear that Dr Bash actually performed a physical examination, and it is not known exaxtly what medical records were reviewed.There were no supporting reasons given for this opinion". he gave his opinion and sent my medical records that he was basing his opinion on to the va. .I have a call into him right now waiting for him to return my call hopefully he can give them another opinion maybe find out what language they actually can read and have it translated for them . As far as the ptsd goes I am already on SS disability and the C&P doctor made not of that fact in his exam. Berta thanks for all the pointers I will put them in my NOD. You know they even denied depression because they said that even though I have cronic depression I am dignoised with ptsd and they factored the depression into the overall rating for ptsd.

thanks again for your support

Leroy

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thanks Berta and Jay I am going to take a day and let myself and my wife (who does all the writing for me )calm down .this got me depressed and her madder than I have seen her in a long time.

they gave no other medical opinions in there denials. They said and I quote "it does not appear that Dr Bash actually performed a physical examination, and it is not known exaxtly what medical records were reviewed.There were no supporting reasons given for this opinion". he gave his opinion and sent my medical records that he was basing his opinion on to the va. .I have a call into him right now waiting for him to return my call hopefully he can give them another opinion maybe find out what language they actually can read and have it translated for them . As far as the ptsd goes I am already on SS disability and the C&P doctor made not of that fact in his exam. Berta thanks for all the pointers I will put them in my NOD. You know they even denied depression because they said that even though I have cronic depression I am dignoised with ptsd and they factored the depression into the overall rating for ptsd.

thanks again for your support

Leroy

Unfortunately, they are right about the "depression" and "PTSD" thing. It is another trick by the VA to keep mental disabilities lower then they should be. My wife, for example, has PTSD, agoraphobia, tricholtillomania, neuro-dermititus, generalized anxiety disorder, obsessive compulsive disorder, psychosis, dimentia (rare) AND major depression, but she is coded as having "PTSD". That would be like rating a vet with a missing leg that's blind and has lung cancer, due to asbestos, as being just "physically disabled".

If I were you I would start seeing a civilian doctor (if you haven't already) and get more information about your PTSD and other conditions (probably need more then one civilian doctor). You can submit new evidence along with qualifying your old evidence with your NOD(IE - doing as berta said and show proof, via BVA, that cases have been decided in a veteran's favor based on a review of existing medical records). Also, be sure to have someone look at your NOD, and any other information, before you submit it to the RO (post it to hadit if need be or use a SO <shutter>). NODs need to be very simple and matter-of-fact.....best to frame a NOD in a very legal format stating just the facts and any other supporting evidence (IE - citing regulations and such).

GL

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I had a five minute exam with a VA doctor who never did a physical exam and the VA took his opinion over a board certified neurologist who did a physical examination. The VA does what it wants and then waits for the appeal.

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