90 replies to this topic

[1lonewolf]

I got hurt while serving during the Gulf War. They performed reconstructive surgery on both of my Feet(screwed them Together) This has caused me allot of pain and an abnormal gait for all these years. Now I have misalignement and degenerative arthritis in both hips which also catch and pop out every so often. I also have Degenerative Disc Disease, Degenerative Arthritis, 5 bulging discs, a pinch sciatic nerve, and facet syndrome in my lower back. I never went to the VA for treatment for over 19 years other than in 1997 when one of my feet broke and they had to redo it. When My hips and back finally got so bad I could not manage it anymore with over the counter Motrin (Which also caused me to have Barrett's Espophagus). I started going to the VA again. All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on my heels and the sides of my feet for obvious reasons. I am in constant pain and they have prescribed my morphine 60 mg a day and hyrdrocodone 10s 4 times a day. I have to go every 6 months for nerve burns in all five lower vertebra. I also take sleeping pills prescribed by them. I was told by all my doctors that this would only get worse with age and I am only 40 and can barely move now. There was however one very brash and rude older female doctor in Ortho who has always had an overall demeanor with me that my conditions are not related to walking on my heels and my abnormal gate. This is the same doctor who pushed bruised on me and sent my to Physical Therapy before she even knew what was wrong with my back or hips. She is also the Doctor who showed up to perform my C and P examination btw! I knew when I saw her that This was a waiste of my time and what she would do for my claim. Keep in mind that I was granted 10 percent for my right hip last Jan for Degenerative Arthritis and popping. This C and P exam was done by another Honest Doctor who followed procedure and code 38 regs. So here I am with the Doctor who treats all Vets like animals about to do a C and P exam on my back and left hip. She pulled the muscles in my right ribs during trunk rotation by grabbing my arm and extending me and she forced me to squat when I cannot and I cound not back up. Needless to say when I left I was hurting so bad I had to go home and take some med and lay down for a few hours. I hurt for over a week! I just got my claim back today and Not only was it denied but they took the 10 % away for my right hip. She wrote that my conditions were not related to abnormal gate. Not only that she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references. They can do and put whatever they want and put your life on hold. Now I have to appeal. Gait causes all kinds of problems! You can find evidence to the contrary as she has but there is plenty of information all over the internet to prove that. It is common sense. Now here I am appealing because of one doctor who should not even have a job treating Vets they way she is. I feel everyones pain and wear ankle braces and walk on a cane both issued by the VAMC! The letter I got today should have been and would have been 100% if it had not been for her and her plight to disprove and mistreat all Vets she treats or examins! Now my life continues to be on hold thanks to her and I have lost everything and can barely walk. I am mad as hell right now and disgusted. All those years I tried my best to not go to the VA and now here I am almost crippled, in constant pain even with the meds they give me, and alone. I cannot work as I cannot sit, stand, walk, or even lay down for any period of time. I sleep very little even with sleeping pills they gave me, and I am denied and they even took the 10 % they gave me in Jan 09 for my right hip. I welcome any and all replies, support, and even guidance. I am at the end of my rope, have lost everything, and I am a former Executive that is penniless and virtually crippled at 40. I have listed my current conditions below and will start my appeals process Monday. If I could move or walk or sit or do anything I would go back to work but now I cannot!

Pes Planus with Plantar Fasciitis, Bilaterally 10 %
Right Hallux Valgus Post resection 10 %
Lef Hallux Valugus Post resection 10 %
a few other feet conditions and resections that go into the descriptions above.

degenerative Arthritis Right Hip 10 % (taken away and severed as of today by the VA)
degenerative Arthritis Left Hip Denied
Degenerative Disc Disease of spine Denied
5 Bulging Discs Denied
Pinched Sciatic Nerve

[1lonewolf]

Facet Syndrome Spine Denied
Degenerative Arthritis Spine Denied

If I can make it through this with the VA I will use my education and everything else I have gained over the last 20 years as an Executive and Government Contractor to help every Vet fight these people for what they deserve. I will immerse myself in everything I can absorb and become a DAV rep. This is a travesty and now that I am going through it I can see just how vial this process is! Thank you to everyone on this board, my brothers in arms, for listening and replying!

[*Bergie*]

I got hurt while serving during the Gulf War. They performed reconstructive surgery on both of my Feet(screwed them Together) This has caused me allot of pain and an abnormal gait for all these years. Now I have misalignement and degenerative arthritis in both hips which also catch and pop out every so often. I also have Degenerative Disc Disease, Degenerative Arthritis, 5 bulging discs, a pinch sciatic nerve, and facet syndrome in my lower back. I never went to the VA for treatment for over 19 years other than in 1997 when one of my feet broke and they had to redo it. When My hips and back finally got so bad I could not manage it anymore with over the counter Motrin (Which also caused me to have Barrett's Espophagus). I started going to the VA again. All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on my heels and the sides of my feet for obvious reasons. I am in constant pain and they have prescribed my morphine 60 mg a day and hyrdrocodone 10s 4 times a day. I have to go every 6 months for nerve burns in all five lower vertebra. I also take sleeping pills prescribed by them. I was told by all my doctors that this would only get worse with age and I am only 40 and can barely move now. There was however one very brash and rude older female doctor in Ortho who has always had an overall demeanor with me that my conditions are not related to walking on my heels and my abnormal gate. This is the same doctor who pushed bruised on me and sent my to Physical Therapy before she even knew what was wrong with my back or hips. She is also the Doctor who showed up to perform my C and P examination btw! I knew when I saw her that This was a waiste of my time and what she would do for my claim. Keep in mind that I was granted 10 percent for my right hip last Jan for Degenerative Arthritis and popping. This C and P exam was done by another Honest Doctor who followed procedure and code 38 regs. So here I am with the Doctor who treats all Vets like animals about to do a C and P exam on my back and left hip. She pulled the muscles in my right ribs during trunk rotation by grabbing my arm and extending me and she forced me to squat when I cannot and I cound not back up. Needless to say when I left I was hurting so bad I had to go home and take some med and lay down for a few hours. I hurt for over a week! I just got my claim back today and Not only was it denied but they took the 10 % away for my right hip. She wrote that my conditions were not related to abnormal gate. Not only that she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references. They can do and put whatever they want and put your life on hold. Now I have to appeal. Gait causes all kinds of problems! You can find evidence to the contrary as she has but there is plenty of information all over the internet to prove that. It is common sense. Now here I am appealing because of one doctor who should not even have a job treating Vets they way she is. I feel everyones pain and wear ankle braces and walk on a cane both issued by the VAMC! The letter I got today should have been and would have been 100% if it had not been for her and her plight to disprove and mistreat all Vets she treats or examins! Now my life continues to be on hold thanks to her and I have lost everything and can barely walk. I am mad as hell right now and disgusted. All those years I tried my best to not go to the VA and now here I am almost crippled, in constant pain even with the meds they give me, and alone. I cannot work as I cannot sit, stand, walk, or even lay down for any period of time. I sleep very little even with sleeping pills they gave me, and I am denied and they even took the 10 % they gave me in Jan 09 for my right hip. I welcome any and all replies, support, and even guidance. I am at the end of my rope, have lost everything, and I am a former Executive that is penniless and virtually crippled at 40. I have listed my current conditions below and will start my appeals process Monday. If I could move or walk or sit or do anything I would go back to work but now I cannot!

Pes Planus with Plantar Fasciitis, Bilaterally 10 %
Right Hallux Valgus Post resection 10 %
Lef Hallux Valugus Post resection 10 %
a few other feet conditions and resections that go into the descriptions above.

degenerative Arthritis Right Hip 10 % (taken away and severed as of today by the VA)
degenerative Arthritis Left Hip Denied
Degenerative Disc Disease of spine Denied
5 Bulging Discs Denied
Pinched Sciatic Nerve

Well the obvious here is that you need to contact the doctors whohave been treating you and inform them of the results. Have them write Nexus letters that tie everything together. You have a year to file your NOD, but you need to ask for a hearing regarding the loss of the 10%, for this you only have 60 days. At the hearing you will be able to present evidence on your behalf to show that you do infact deserve the 10%, that the condition is related to your SC'd injuries. As for the doctor you can file a complaint at the hospital with the patient advocate, and at the C&P office you can as to speak to the director and lodge a formal complaint. Unfortunately it is to late to ask for another exam, nut the NOD will get you another exam. In the future if you file for additional injuries and you see this doctors name on your notice call the number and ask for another date, don't say it's because you hate this doctor just that you have other appointments on that date. Well, as I said file a 21-4138 requesting a hearing on the proposed reduction of compensation, take your time to gather the necessary documentation for your NOD, because you have a year for that.
Hope this helps,
Bergie

[john999]

What Bergie says.

[Bravo6]

IMO, I would request another doctor ASAP. Seems that doctor has a hidden agenda, and I feel for you brother, I really do!

Get an MRI done as soon as you can. Request one thru your Primary Care doctor, x-rays alone will not show what is really going on with your back and your secondary issues related to your back.

Good Luck and DON'T GIVE UP, that is exactly what they want you to do!

B6

[1lonewolf]

IMO, I would request another doctor ASAP. Seems that doctor has a hidden agenda, and I feel for you brother, I really do!

Get an MRI done as soon as you can. Request one thru your Primary Care doctor, x-rays alone will not show what is really going on with your back and your secondary issues related to your back.

Good Luck and DON'T GIVE UP, that is exactly what they want you to do!

B6

Thanks guys, I am going to appeal. I have an MRI and several other doctors throughout my medical records over the last year at the Lexington VAMC who have stated that my issues are related to my foot injuries and my abnormal gait she even put copies of them in the evaluation. she ask me questions and did 3 range of motion tests and that was it. Then when I got copy of her report she had answered all questions for me in her own opinion and said that I was fine and that the issues were not related. Then she put in a few articles from the net she must have scoured talking about genetics and age and also a doctors article that say that he does not believe KNEE injuries causes back and hip problems! WTF?? My issues come from my feet? This doctor has many complaints against her for rough treatment of vets and seems to play a GODLIKE role in attempting to get any and all Veterans claims denied that she treats or evaluates. I did not know what was wrong with me when I started going to the VA and Doctors told me along the way throughout my appointments. Once I found out how bad a shape I was in and that it was so bad they cannot even do surgery on my to correct it, that is when I put in for my compensation increase. I ended up with a denial based on her evaluation and they took my hip rating away. I guess the VA likes Doctors like her as regardless of her bedside manor or demeanor in general, they keep her on staff. It is disgusting to say the least and I am in shock still. I wish I was not in the shape I am in but now this is were I am at and I have no other options than to fight for something I should have gotten without an issue today! Thanks guys, I welcome all guidance and comments. You guys and this group keep me going at the worst time in my life! thanks again.

[oldman273]

Hey Man hang in there the VA has some good docs but the bad ones spoil it for all of them. If you can do what I did list an outline from begining to the present. I took the outline or summary and had my entire medical records both civ and Mil and had it for the civ docs to look at. My little skirmish has gone on for over 10 years hang in there and be methodical with your case. IMO fighting with the VA for as long as I have I should be awarded a honorary para legal degree. My biggest help has been with Hadit.com. when I am frustrated or down all I have to do is read where another brother or sister veteran is getting ths shaft. All of us having same issues with the same bureacrats is sad but a way of life within the system. I can only tell you to keep pluging away at it and never give up hit them with facts case law and if possible get you some Civ Doctor or surgeon to look at your case sounds like you got your head on straight and stay positive. Adios and those that have stated altered gait will have contributed to your knees and hips and on up to your back are correct. Look up in the cases of Court of Veterans appeals lots of good sound information out there. Adios and you have got to stay on it I know this forum has helped me everyday I went online to gain some knowledge....

[1lonewolf]

Thank you oldman273, I have looked up several cases not exactly but close to mine in the Court of Appeals and several of them have been reversed and awarded! I will use some of these cases in my appeal. Thank you once again and everyone else for keeping me sane. Maybe there is hope in this broken system we are up against. It is ironic that you have to prove to the VA you secondary conditions when they are right there in your medical records. These people must only read the ranting opinions of the Doctor who does your examination and not the rest of your record and what all the other doctors are saying in support of it. I have never seen anything like it.

[1lonewolf]

I guess I will go back to my doctors at the VA and get them to write me a Nexus if they will. If not then I dont know what I will do. There is evidence of my condition and connection to abnormal gait on the internet but I have not yet been able to find an article or study written that I can use. Guess I will continue to look and hope I eventually find what I am looking for just in case the Doctors at the VA will not write me a Nexus even though they already have it in my records. Sorry for rambling, I am just totally lost now and trying to find my way back to the start.

[Berta]

Lonewolf (I assume you aren't my cousin Lonewolf-Mashpee Wampanoag tribe ) Welcome here.

"These people must only read the ranting opinions of the Doctor who does your examination and not the rest of your record and what all the other doctors are saying in support of it. I have never seen anything like it. "
That is exactly what they do in many many cases and we here have all dealt with this crap for years.

You need an independent medical opinion from, a specialist in order to combat this negative decision.

Unless you mean by " what all the other doctors are saying" were,in fact, independent medical opinions.

Did they ignore those other medical statements?

Did those statements comply with the IMO format here at hadit?

You must fight the hip SC they took away-with medical evidence- and file the NOD on that ASAP.

Other cases at the BVA or CAVC wll not help your claim as your situation is specific to your evidence.

"All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on" etc

Every piece of documentation in your medical records can be copied and used to support your claim.

If they 'said' it -however I hope they documented it in the clinical record and the VA MUST consider it.

Was the severance proposal a separate letter?

If you have documentation from doctors in your medical records-that they totally disregarded -you could ask for a Reconsideration based on all of the evidence.

The reconsideration request however does Not stop the NOD year time limit for filing.

If you can obtain an IMO that supports your claim that is often the best way to deal with claims like this unless there is clear and irrefutable medical evidence documented in your medical records that would help you fight them through a reconsideration request.

The proposed severance part has to be handled differently in that this must be addressed ASAP by challenging their decision.

"she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references."

Use the exact citations within 38 CFR in your rebuttal (NOD or Reconsideraton Request) that match your medical evidence and raise any issue under the regs that was not properly followed such as ROM etc.-if that applies to you.

Whatever was Not listed as evidence in the decision was not considered.

They need medical documentation from the med recs to overcome that C & P exam.

Did you get a copy of the actual exam yet?

I found that the SOC will manipulate sometimes what the C & P results are.

That too can be an avenue of attack on the decision.

Do you have a vet rep helping you?

Edited by Berta, 18 April 2010 - 06:52 AM.

[jbasser]

Lone wolf, You have mail.

[1lonewolf]

I do have my medical records and there are several referances to abnormal gait in them from Podiatry, X-Ray, and MRI readings. I aslo have it in there from Pain management. I am working with a DAV rep for our area and he is a national officer in Louisville. The decision said he would also receive the information they sent me. The hip decision was in another letter as you said. I guess I need to appeal that asap. They stated that they made a mistake when they awarded me on my hip and were severing it. They got that information once again from the EVAL that the doctor did on me for my back. In her EVAL she said that I was fine and could not do physical work without limitation but that I could do sedentary work without an issue and then she went on to say that my secondary conditions were not related to my SC foot problems. She did whatever she could to refute me for absolutely no reason. She disregarded what she was supposed to follow and did what she wanted. She even had them do X-rays of my Knees and Ankles which I do not currently have a problem with yet but will eventually according to Podiatry. She even read my foot Xrays and gave her opinion on them as well. It really looked like she did everything she could to screw me above and beyond even what she is supposed to do and did not in the Exam. It is really disheartening to read and I most certainly never expected to have any problem after what all the Docs I go to have said to me. But that is what happened and now I have to fight something I should not have because of her and I do not know how much fight I have left in me. I will keep on trying just like everyone else because I do not have a choice. I can barely walk and I am always in Pain. I dont leave the house much anymore it seems. How can I work when I cannot even sit for anything length of time without being in intense pain and I can barely walk. My feet, hips and back are gone and they will only get worse with age! Thanks for the Breakdown, I will use the information for sure and the process outlined. I am interested to see what the DAV guy says on Monday! I will let you guys know and hopefully I can get my counter in for both instances as soon as possible using what I am learning here! I am sure there are others who have been through this under worse circumstances than me. I have been seeking those stories overall just to read them and see how things transpired to keep my sanity and my faith. Thanks again to everyone who continues to help me and offer me advice.

[1lonewolf]

anyone know of a good doctor I can go to to get an IMO in Kentucky? Please let me know. A special thanks to JBASSER for his continued help and support!

[1lonewolf]

I am trying to get my Primary Care Doc at the VA to give me a referral for an IMO. If I can get him to do it and it is approved the VA will pay for my IMO! Has anyone ever heard of this? Just wandering if it will actually work??

I am trying to get my Primary Care Doc at the VA to give me a referral for an IMO. If I can get him to do it and it is approved the VA will pay for my IMO! Has anyone ever heard of this? Just wandering if it will actually work??

[Bravo6]

I am trying to get my Primary Care Doc at the VA to give me a referral for an IMO. If I can get him to do it and it is approved the VA will pay for my IMO! Has anyone ever heard of this? Just wandering if it will actually work??

From my experience I couldn't get my VA Primary Care Doctor to write said letter. He told me that the medical director has tied the PC Dr's from letter such a letter for veterans in that clinic. This is what I was told by my outgoing PC doctor that I was seeing on a regular basis which left shortly thereafter.

It took a letter from VRE stating that I was unable to work anymore because of my SC conditions. Once that happened, TDIU was almost automatic. Now bear in mind that this was with my case only! So you never know, you might want to see if you can be screened by VRE and see if they concur with you being unemployable because of your SC conditions.

Good Luck!
B6

[1lonewolf]

What is a VRE? Do you mean an IMO from outside the VA?

[jbasser]

Call a local attorney either close or In COrbin ans ask them who they use for SSA claims as IME DOcs.

This may help.

J

[1lonewolf]

Good idea, I will do that. I called a few other Ortho surgeons today for an IME and so far the cost is around $1200 to get one. I do not know were I can come up with that kind of money but I will have to do what is needed. I tried to put in a request to see if my PCP at the VA will give me the referral and get the VA to pay for the IME but I doubt he can do it from what I am reading and seeing now. I will let you know what happens on that request so everyone will know. I think I know what I have to do now for the most part and I will hopefully talk to my VA rep tomorrow. Here is what I am planning. Please feel free to comment or give suggestions.

1. Attempt to get my Doctors at the VA who have treated me and stated that my abnormal gait has caused my back and hips to be destroyed after 19 years. (long shot because I hear that most Doctors at the VA will not write a Nexus. I have confirmed in my records gait statements including sever lower leg muscle depletion/loss from my Podiatrist, PCP, and Pain management)

2. File an Appeal on my Hip percentage which is severed ASAP.
3. File an NOD/Appeal on my claim and request a new C and P exam by a different Doctor
4. Get an independent medical examination from an outside ortho related Doctor in support of my claim.

Q: Does anyone think I should ask the VA to reconsider based on my medical records. Most of the info is in there but I was thinking that would be a waist of time being as they did not read any of them to begin with in making their decision, just her Examination! Thoughts?

Thanks again for everyone's continued help. You guys are all I have to keep me going. I can only sit for about 3-5 minutes at a time due my back and hips but I will continue to check my email and this post frequently. So am I on the right track?

[1lonewolf]

According to my DAV rep I need to get an IMO/IME asap. This should change my hip condition rating being severed in 60 days and get my claim approved on appeal. Does everyone here agree that this is my best recourse to get this claim approved? It is going to cost me quite a bit of money but according to him it is the best approach to get everything taken care of in a timely manner. I will have to figure out how to scrape up the money to get this done. Does everyone agree with this approach? Please let me know. I was thinking of getting an IMO at the office listed below. All I can do now is pray that this is the right approach. Please let me know your thoughts on this everyone. Thanks.

http://theassessment...om/facility.htm

[jbasser]

Here is a Doc that will give you a strong IMO and He is real good but expensive. He may take payments.

http://www.veteransmedadvisor.com/

J

[rdawg]

According to my DAV rep I need to get an IMO/IME asap. This should change my hip condition rating being severed in 60 days and get my claim approved on appeal. Does everyone here agree that this is my best recourse to get this claim approved? It is going to cost me quite a bit of money but according to him it is the best approach to get everything taken care of in a timely manner. I will have to figure out how to scrape up the money to get this done. Does everyone agree with this approach? Please let me know. I was thinking of getting an IMO at the office listed below. All I can do now is pray that this is the right approach. Please let me know your thoughts on this everyone. Thanks.

http://theassessment...om/facility.htm

I would not appeal. Get the IMO and ask for a reconsideration based on new evidence (IMO). I did this and was service connected in 60 days and that was after 2 previous denials. Dr. Bash is the best.

I am service connected for ddd lumbar spine 20%, IBS 10%, fractued toe 0% and scar 0%.

[1lonewolf]

I would not appeal. Get the IMO and ask for a reconsideration based on new evidence (IMO). I did this and was service connected in 60 days and that was after 2 previous denials. Dr. Bash is the best.

I am service connected for ddd lumbar spine 20%, IBS 10%, fractued toe 0% and scar 0%.

Thank you very much. I will take your advice and let everyone know how things transpire.

[Pete53]

Lonewolf:

Good Luck. When dealing with Dr Bash you have to be patient. I personally believe that he is the best you can get but also any good IMO by a MD is worth its weight in gold. Dr Bash worked for VA and knows how to woed his opinion to give it maximum leverage with VA.

I really hope that you make it clear to him that you really need your IMO quickly.

[1lonewolf]

I see allot of cases very close to mine he has won for Vets. I have sent him an email and I am awaiting his reply! Thank you once again for the advice. I do not know what I would do without this group and forum right now! Thanks again!

[1lonewolf]

I have spoken to Doctor Bash on the phone and I am going to be examined by him week after next so I can get my "reconsideration" in before my 60 days is up. Thank you everyone who has helped me and continues to give me guidance. I will keep you posted on how things turn out and will do my best to help others on this forum! Thanks again.

[carlie]

They stated that they made a mistake when they awarded me on my hip and were severing it.

lone,

The above statement sounds to me like the VA has called an error on themselves
regarding the Rating Decision that granted SC for your hip.

If you actually do have the hip disability and the medical evidence for it, I would try
to keep it SC'd.
It would be good to re-look at the Rating decision that granted SC for your hip.

You can request a VARO hearing on this issue AND request no reduction in compensation
take place prior to the hearing, I suggest you do this in writing and keep a copy of it
for your records.

jmho,
carlie

[1lonewolf]

It is my goal to get in my IME and request a reconsideration before my 60 day deadline. I have been told if I can accomplish this is should stop the severance of my hip rating and get my other Secondary S/C conditions rated and get my TDUI. Is this still how I should proceed. I have already scheduled the IME for this Saturday in Bethesda, Maryland. Please let me know if this sounds correct to everyone. Just want ot make sure. Should I do what you say below also in the interim? Just curious. Please let me know so I can do that asap.

[Pete53]

Sounds like a plan. Good Luck

[Notorious Kelly]

From Military.com

New Military Family Assistance Trust Fund
Kentucky has introduced a new Military Family Assistance Trust Fund to provide assistance to all Kentucky Home of Record military members and dependents who are facing undue hardships caused by deployments outside of the United States.

Contact your nearest Kentucky Dept. of Veterans' Affairs Representative for more information.




lonewolf- ask about any assistance you might get during this trying time.




All the best!




kelly

[1lonewolf]

Thank you guys once again. it is a travesty what we have to go through and I really appreciate everything. I will do whatever I can to help other Veterans as you guys have and or helping me. I will keep you posted!

[1lonewolf]

Thank you guys once again. it is a travesty what we have to go through and I really appreciate everything. I will do whatever I can to help other Veterans as you guys have and or helping me. I will keep you posted!

[1lonewolf]

OK now my next question is this. I still have about two weeks before my 60 days is up on severing my hip SC. I have my IMO/IME so what are the proper steps now? Write a letter stating I want a reconsidering on my HIP disability before it is severed, On my overall claim? Or should I just contact my DAV rep and let him guide me through this and do what needs to be done for me? Let me know guys. Thanks again. I am almost in Phase 2 thanks to everyone on this Forum! I have faith which I would not have had if not for everyone here. I look forward to everyone's guidance.

[john999]

If you have paperwork put it in the hands of the VA yourself and get date stamped copies and then give copies to your DAV guy. If DAV misplaces your paperwork and request for not severing your hip SC your claim will die. Two weeks is too short a time for screw ups to happen.

[1lonewolf]

I thought that that would be what I needed to do. Just to make sure that I am doing everything I need to do I have listed it below. Please let me know if I have everything covered. Thanks again everyone.

1. Submit a written letter asking for a "reconsideration" based on new medical evidence (The IME/IMO). In that letter ask for a VARO hearing and request that my compensation for my hip not be severed until the hearing takes place.

2. Fill out a new claim based on the IME/IMO for new medical conditions which the VA also requested I put in for a few months ago since it was not part of this claim.

3. Should I fill out the TDUI form that they keep requesting and send it to? MY DAV rep told me not to as I can do that after the claim has been awarded.

4. Send the letter, IMO/IME, New Claim Request, and possibly the TDUI form if I need to do so.

Please let me know if this is everything I need to do based on the current situation. Thanks to everyone for your continued advice.

[1lonewolf]

Letter requesting reconsideration, IME/IMO, and additional conditions letter has been submitted. I will wait to see what they say next. Thanks to everyone who assisted me in my claim efforts. I will keep everyone posted on things as they unfold.

[john999]

Send in TDIU form as well. TDIU would start from the time you apply.

[1lonewolf]

Just when you thought it could not get more convoluted here is my recent update. I have given a quick history of recent events so everyone knows were I am at currently and what I have done recently. As stated below I was denied TDUI/100 % due to a bad evaluation. They VA also stated that they had made a mistake last year when they granted me service connection for my right hip and that they were going to sever that compensation within 60 days. Based on advice received on this forum I followed the path I needed to in response to the bad evaluation and denial/compensation severance. Listed below is what I did and what they responded with. I welcome any and all advice on this current turn of events and I am currently having my DAV rep check into it as well.

1. I obtained an IMO from a reputable Physician.
2. I submitted that IMO before the 60 day deadline for my right hip severance with a letter which stated the following
a. I requested a reconsideration based on new medical evidence (IMO) for overall claim including Back and hips which are clearly covered in the IMO.
b. I requested that my right hip percentage not be severed until a complete review of my claim and new medical evidence be completed
c. I submitted additional conditions which were included in the IMO and requested that they also be considered with this claim as they are related to my overall condition.

VA response was as follows: ( Keep in mind they already stated that they had made a mistake when granting me my right hip S/C last year and based on the bad evaluation, they were going to sever it.)
1. They said that they were working on my claim for my feet? already rated!
2. They also said that they were working on my claim for new conditions ( the conditions I added that were included in the IMO)
3. They also said that they had denied me left hip and back on this claim previously and that I had one year to appeal that decision as I have not submitted any new evidence to refute their decision??

It is obvious to me that they did not read my letter nor did they review my IMO. If they had they would have already known that I submitted new evidence that refuted the bad evaluation entirely. All that I can figure is that they are not truly reviewing the new information I submitted at all. It looks to me like they are just pushing out letters to delay and deprive me of what is obvious and service connected! Has anyone else had this same issue? Were as you submitted an IMO asking for a reconsideration and they totally ignored it without even reviewing it? I wonder if this is some kind of approach they use to get us to give up or something by frustrating us? Is this why the VA is being questioned by congress and senate because 80 % of all VA claims that are denied at the regional office and then granted on appeal or before a board? My DAV rep is currently checking into this to find out what they are doing here. He is also bewildered by this approach as he reviewed, date stamped, and submitted my reconsideration package. Once again a clear cut black and white claim is in limbo. I welcome any/all advice on this issue. This forum is my guiding light and without it I would be lost. I wonder if this has happened to anyone else? What did you do in response? What should I do in response. I will update my post when I hear from my DAV rep on this matter later today. Thanks to everyone in advance who responds and/or provided me guidance/advice.

[Berta]

Did the doctor follow the IMO criteria in the IMO form here?

Did he/she state that these conditions prevent you from working?

AN IMO at this point might as well cover the TDIU issue too.

[1lonewolf]

It was all more than covered in the IMO. The IMO was in the correct format and even included VA law. Interestingly enough my DAV rep inquired and come to find out what I had originally thought was correct. The new information was not even reviewed at all. Just a letter stating what I shared below. I had a feeling that the information and claim was not reviewed completely the first time as there was clear evidence in my medical records and it sure was not this time when I submitted the IMO! This has been acknowledge to a point by the VA and it took an argument in writing from my DAV rep to get it back on the table for a complete review as it was obvious that the information was not reviewed. It has been requested in writing that it be reviewed and re-opened and if they refuse than He has requested a hearing immediately! I will keep everyone posted on what occurs next. Thanks to everyone for their continued support.

[Pete53]

Good Luck