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john999

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  • HadIt.com Elder

I asked for an increase for my DMII and was denied because the doctor did not specify that I needed to limit activities.  The thing is I was awarded for severe to moderate neuropathy in both hands and feet. I am already limited in activities due to the PN.  Do you think I have a shot at an appeal when I make that argument?  I can't even walk around in the grocery store due to pain in my feet and I drop things all the time due to nerve damage in my hands and arms. The neuropathy is by far the worse disability I have and it is a result of DMII. I want them to reconsider their logic.  I know that is asking a lot from these guys at VA central.

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  • HadIt.com Elder
2 hours ago, john999 said:

I asked for an increase for my DMII and was denied because the doctor did not specify that I needed to limit activities.  The thing is I was awarded for severe to moderate neuropathy in both hands and feet. I am already limited in activities due to the PN.  Do you think I have a shot at an appeal when I make that argument?  I can't even walk around in the grocery store due to pain in my feet and I drop things all the time due to nerve damage in my hands and arms. The neuropathy is by far the worse disability I have and it is a result of DMII. I want them to reconsider their logic.  I know that is asking a lot from these guys at VA central.

John, Did you do a C&P Exam for this Increase? did you get the C&P Dr. report from it? 

Being you were denied this increase  Appeal  and let them know you will send in new evidence, then go see a private Dr or even your VA Doc, 

show the Dr your denial letter highlight the areas that you want him/er  to read, and ask if they will give you there Honest opinion  if they think the denial was not justified  due to your PN and Service connected Neuropathy?

Ask the Doc if he thinks you are limited activities, he can put that in his examination report  and send you the letter.

Sounds like either the C&P examiner Did Not read your full medical records  or the areas where you are limited  with certain Activities Maybe the Examiner was not Qualified to do the C&P  for your increase?  check that out too.

If they send you to another C&P  Be sure show the Dr  your disability up close  and let him know you can not do the things you use to do   let him know what bothers you if you do it   ect,,,ect,,, I believe you will get an Increase.

When I go see a Dr for my disability  and want an increase say A&A  I speak up and tell them everything I want to tell them and make sure they  hear what I said  if the don't respond  I re ask  Dr did you see my medical records on my PN And al I have wrong with me  I am limited to do normal everyday things  it darn nears kills me just  to walk from my car to the grocery store and I use Handi-cap parker...  or something like that  ect,,,ect,,

Maybe the rater was just taking this examiner word for it  and denied you?...Remember  the C&P Examiner what he puts in his report is crucial to the rater    so you need a good favorable report.

(JMO)

Yes Appeal  I think you have a Real good chance at an Increase.

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Marine...... I have pretty severe PN.  I have 40% for each leg and 40% and 30% for upper extremities.  I have not been tested for foot drop. I do tend to drag my feet a little bit due to pain. I also seem to be having trouble grasping things without dropping those things.

Buck...I will follow your advice about getting more evidence on my DMII.  I got a 20% rating for DMII and I believe I should have gotten 40% except a 40% rating requires "limitation on activities" in the C&P report. I am , in fact, quite limited already due to the PN.  Now that I have 100% I am wondering how to get any money I have possibly left on the table. 

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6 hours ago, john999 said:

Marine...... I have pretty severe PN.  I have 40% for each leg and 40% and 30% for upper extremities.  I have not been tested for foot drop. I do tend to drag my feet a little bit due to pain. I also seem to be having trouble grasping things without dropping those things.

Buck...I will follow your advice about getting more evidence on my DMII.  I got a 20% rating for DMII and I believe I should have gotten 40% except a 40% rating requires "limitation on activities" in the C&P report. I am , in fact, quite limited already due to the PN.  Now that I have 100% I am wondering how to get any money I have possibly left on the table. 

  John some reason or another I had thought you had the SMC S1?

John if you current rating is 100%   if you can get a separate s.c. rating on another separate condition at least 60% this opens the SMC Door  but getting an higher increase on your DMII  you would need at least a 50% increase  they can combined these ratings  but its very hard for a veteran with a 100% rating get the SMC based on his Original ratings   so you may want to check out any secondary conditions your original rating may cause or be related to?

I was 90% combined ratings for hearing loss and tinnitus  and got the TDIU P&T  And was paid at the 100% rate  after about 14/15 years  I filed a PTSD Claim  I had been holding out on  because I was in denial about my Mental State , I just had to do something So I ask for help  on the count of my family /wife  and my VA/PCP

I had never thought about it increasing my compensation  but after I filed the PTSD Claim I was awarded a 70% rating    this rater ( I am thinking)   had seen my other ratings and its their soul duty to inferred the SMC S.1   Simply because the CFR 38 Regulations says

There are two different paths that can make a veteran eligible to receive SMC(s) benefits: You are entitled to receive SMC(s) if you have at least two service-connected disabilities with the first rated totally disabling (100%) and the second rated at least 60.

The VA must review related medical evidence to determine eligibility and make a decision regarding the level of SMC.

 

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I could file on another claim([sleep apnea) I was diagnose by the VA after taking a sleep study  from a private  sleep study  the VA Set up for me to go do based on what my MH CLINIC Dr Refrred me to the VA Sleep Clinic   they could not get me in with in 30 days  so they called a private sleep clinic and had me to go do a sleep study...I was diagnose with mid to severe sleep apnea  and medically required to be put on a c-pap machine

The sleep Apnea Claim would be a secondary claim to my PTSD/Meds

ok this is a 50% rating  normally  but I would not get any more compensation  unless the sleep apnea got worse and I required round the clock supervision  or another person to watch me sleep  ect,,,ect,,  but just on a c-pap I don't need that  so I would not qualify for any more compensation  so my thinking is why bother with it   I got my C-pap  and that helps me sleep better...so why look a gift horse in the mouth...

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John 999 

you might want to look in your medical records the VA has on you  (Myhealthvet Notes) I was looking at mine and I have serveral medical conditions diagnoses and coded I could file on  if your trying to increase your rating compensation  or be inferred the SMC S.

I am tired of messing with them.

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