My Appeal is being reviewed by a judge

[JKWilliamsSr]

My appeal has now being reviewed by a judged.  My attorney filed a motion to advance on the docket due to financial hardship and it appears it got approved.  So now it is a simple wait game.  I personally think my appeal is a slam dunk. I have both an IME and IMO as well as a plethora of supporting evidence.    While I am certain (nothing is ever 100%) I will be granted service connection I wonder if the VA will try to send me to more exams.  I have a feeling my attorney is not going to go for that because for some of my claims the VA has already had me go to exams twice for the same issue.   The exams were bad and I am talking keystone cop stupidity on the reasons for my denials. 

Back Claims: I have had 3 exams from the VA for my back.  The first one was a laughable joke.  It lasted less than 10 minutes.  The examiner said less like because I am overweight. Ignoring all of the evidence that showed back complaints while I was not overweight.  What makes the argument dumb is part is sleep apnea was on this claim (part of the appeal as well) and for sleep apnea I was using obesity as an intermediate step due to my not being able to exercise due to my back (Not SC) as well as other disabilities that are actually service connected.  The other two C&P exams were done by LHI and QTC.  I can't see them.  They used them to confirm the denials but never the reasons why.  In all my back decision they never mention the evidence I submitted. 

DIabetes:  I had 2 exams this condition.  In the first denial they actually did a complete explanation on the evidence and why it was denied.  It was the only condition they did this.  It was a complete crap decision.  The denial was because their claim was Dr. Ellis based his decision off of my history alone.  I guess they missed the part where he examined me.   For my second exam It was per the Nurse Practitioner who stated it was less likely because there are no notes in my file stated that I was put on limited duty/profile while on active duty.  I only know this because by now I hired an attorney who had access to my file and got me an IMO.  The doctor that wrote the IMO tore apart the examiner and even stated that because she was a nurse practitioner she was not qualified to make determinations on diabetes.   

Hip Arthritis: I had 2 exams for this condition.  I have no idea what the exam said as it was done by QTC.  In the denial the rater states the examiner was unable to confirm a chronic diagnosis. Nevermind the fact that I submitted current medical records along with an X-Ray report confirming the diagnosis.  The rater goes on to say that I claim my hip issues were secondary to my feet and at the time I was not service connected for my feet.  However, my statement in support of my claim states I believe my issues were caused by my feet, feet and ankle issues.  I also made sure to point out I am not a medical professional and do not make a diagnosis.  I am not service connected for my feet and ankles but at the time of the decision I was already service connected for both knees.  On the second exam the examiner stated my hip issues were less likely to be service connected because my conditions do not preclude me from all forms of exercise.  He actually used paraplegics as an example saying paraplegics can exercise and maintain appropriate BMI.  Now the second exam was not an actual exam. It was a records review.  So I was denied based on their examiners history but the same standard was not applied to mine for my diabetes even though I had a physical exam as well.  Needless to say the doctor that did my IMO tore this rationale apart. 

Knees: As I sit here and ponder I can't recall if I have ever had any additional knee exams except for the one in 2009 that gave me my initial 10% rating.  I can this with absolute certainty though.  I have never had a any VA examiner use a goniometer for my knees.  It has been used (once) by QTC for a back exam but no examiner VA or otherwise with exception of my own examiner for my IME. I have went over every decision letter and the VA does not list a single measurement in the decision letters for my increase.  They state in there a certain CFR was followed but it never shows what the measurement if any was.  It would be a complete lie because there are no measurements but they don't even attempt to hid the fact there are none. 

Sleep Apnea and Ankles:  Submitted new and material evidence.  The VA acknowledged the new and material evidence and stated my claim is reconsidered. Deniedd me without even scheduling a C&P exam and confirmed the previous decision.  No rational was submitted.   They only state the evidence does not support a change in their prior decision. 

I have submitted a lot evidence for my claims.  I have personal statements,  Spouse statements,  civilian medical records, service medical records, IME and and IMO.   In all of my previous decisions the VA while they list all the evidence I submitted they do not address the evidence in most of the decisions.  The only decision they say anything in is the diabetes decision. 

 

 

Edited December 1, 2021 by JKWilliamsSr

[pwrslm]

If you can visit your regional office, they should give you a copy. If not, you need to get QTC and LHI exams through FOIA.