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Can Va Benifits Be Lost If Reexamined?


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20 replies to this topic

#1 T.D.

 
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Posted 25 September 2007 - 06:32 PM

I was granted a 30% evaluation assigned based on my recent VA exam which reveals nasal polyps in both nostrils. I went to my private doctor who is a eye ear nose specialist. He examined me but did not see any Polyps and stated he did not know what the VA saw. But he did say that the medication and the nasal spray could have reduced them. So I would assume that they come and go with the allergic seasons. My disability is for hay fever (allergic rhinitis). His examination reviled that I am highly allergic to over 25 different things. The VA did not give me an allergy test yet but if they do they would I am sure they would come up with the same results. My question is if the VA discovers that I no longer have the polyps will they take away my 30%? What do I do? I have a solid case for the hay fever and the allergies.

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#2 LarryJ

 
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Posted 25 September 2007 - 07:08 PM

I'm sorry, but you ask "what do I do"........?
You don't go around making a big issue out of the fact that some civilian doctor doesn't see the polyps that the VA doc saw.
If you feel that you need or wish to file a claim for your allergys, then go ahead. But, that shouldn't be considered the same as your polyp problem and shouldn't trigger a "re-exam" of your nose............

What would I do?
Have a beer.

#3 yoggie2

 
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Posted 25 September 2007 - 07:53 PM

uhh, Seriously? Hay fever ,nose polyps? 30% Man I'm sorry that is funny your worried about nose polyps. I got to say I've been depressed for years, but when I read this, I laugh for the first time in years. I tell you what to do give it back.

My dad used to say, " If that boys gonna be dumb he better be tuff". :unsure:
RC

Edited by yoggie2, 25 September 2007 - 07:59 PM.


#4 entropent

 
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Posted 26 September 2007 - 05:53 AM

yes. if your condition has materially improved, a rater can 1) propose to reduce your evaluation to one which reflects the current level of disability under the rating schedule, or 2) set up a future examination to review the condition and determine if the change noted has been sustained, or 3) decide to ignore the improvement.

generally if the evaluation of the condition is at 10 percent the rater won't waste the time to reduce it, but that is not a hard and fast rule. so if you submit a claim for increased evaluation and get a VA exam, be sure your condition has not improved.

#5 Pete53

 
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Posted 26 September 2007 - 08:58 AM

Nasal polyups can cause allergic problems. I had one not service connected and the VA wanted to cuy open my sinus cavities and scrape. Fortunately I went to a Nose Specialist you reached in and yanked it out. It was the size of a small grape and afterwards my allergies improved quite a bit.

After I started using a CPAP machine my allergies are almost gone. Breathing filetered air for 4 to 6 hours is very good for me.

There is a lot of info on the Internet about the problem you might want to google and learn about it.


#6 LarryJ

 
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Posted 26 September 2007 - 10:15 AM

Please do not get me wrong here, but you got 30% for nasal polyps.

On the other hand, I have a foot and ankle that have no cartilige between the joints, I wear a brace, I use crutches, cannot drive our car, cannot walk more than a few yards and take codiene once every 8 hours.
and I got 20%...............and, if they cared to look, I probably have nasal polyps, if they could see them through my snot caused by my allergies.

and you're worried?

#7 Wings

 
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Posted 26 September 2007 - 05:53 PM

Please do not get me wrong here, but you got 30% for nasal polyps.

On the other hand, I have a foot and ankle that have no cartilige between the joints, I wear a brace, I use crutches, cannot drive our car, cannot walk more than a few yards and take codiene once every 8 hours.
and I got 20%...............and, if they cared to look, I probably have nasal polyps, if they could see them through my snot caused by my allergies.

and you're worried?


Larry, I hope you filed an appeal? An increase?

#8 carlie

 
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Posted 26 September 2007 - 09:02 PM

OK everyone -- time to play nice ! ! !

The original poster did not write the schedule for rating disabilities.

carlie

#9 LarryJ

 
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Posted 26 September 2007 - 09:08 PM

Yup, I did.
and filed for TDIU.
and filed for loss of use of foot.
and filed for MDD (depression) due to the fact that I'm in constant pain (and, dammit, that's depressin, I don't care who you are :unsure: )
all the above diagnosis's courtesy of the VAMC.

#10 LarryJ

 
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Posted 26 September 2007 - 09:17 PM

Oh, Carlie, I'm playin nice. It's just that I, me, moi was having a little perception problem.
I couldn't understand what T.D. was worryin about.
It was my perception problem, and if I sounded kinda "short" and non-understanding, then I apologize.
Course, it could be that the wonderful, renew your scripts by HealtheVet, did not come through and I ran out of my Welbutrin, Seratiline (sp?), Codiene, and whatever they call that anti-inflammatory drug, two days ago, and it looks like it'll probably be Monday before I receive them.

I'm sorry though. Nobody else's problema, just me.

#11 T.D.

 
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Posted 26 September 2007 - 09:27 PM

Nasal polyups can cause allergic problems. I had one not service connected and the VA wanted to cuy open my sinus cavities and scrape. Fortunately I went to a Nose Specialist you reached in and yanked it out. It was the size of a small grape and afterwards my allergies improved quite a bit.

After I started using a CPAP machine my allergies are almost gone. Breathing filetered air for 4 to 6 hours is very good for me.

There is a lot of info on the Internet about the problem you might want to google and learn about it.


Thanks for the valuable information. I do search the internet looking for new ideas and info. I found out that nasal polypups
can shrink buy nasasl spray the nasal spray that the VA gave me. I forgot to mention that the private doctor that examined me also works part time for the VA. Thank you :unsure:

#12 yoggie2

 
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Posted 26 September 2007 - 09:42 PM

T.D sorry just poken fun at you seem kinda silly at first, just that's there some pretty banged up people here getting nothing and you got 30%!! wow!! That's great. Trust me you will have this problem for the rest of your life and if it gets better that's great to, but trust me you don't want it taken way because YOU THINK your cured. Then you end up hurting bad one day and you have to have something major done you can't afford you'll be glad that 30% is there. Just remember it flairs up from time to time but your ok today, you don't want to go to the end of the line because its a long one. I had good friend in the first Gulf war who had what you did when he got upwards about Kuwait were the dirt is like talcum powders and swell up like a boxer that had been beaten about the eye's and nose for a hour. He though his was fine too.
later Rich

#13 T.D.

 
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Posted 26 September 2007 - 10:01 PM

I appreciate all of the valuable information that I have received. I do check the INTERNET for information about my conductions. I have worked very hard over a period of 4 years to obtain the 30% rating and I do not want all my hard work and appeals go out with the nasal polyps that the doctor could not find. I forgot to mention that that private doctor works part time for the VA. It is my intension's to increase my 30% C&P to 50% or more but connecting my sleep apena with my allegries. My VA adviser told me that would not happen because I did not have (sleep apena) wile I was in the service. I do not accept that but I do want to move cautiously so I will not have to fight with the VA again to keep my current C&P. Any suggestions?

#14 Wings

 
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Posted 26 September 2007 - 10:18 PM

I appreciate all of the valuable information that I have received. I do check the INTERNET for information about my conductions. I have worked very hard over a period of 4 years to obtain the 30% rating and I do not want all my hard work and appeals go out with the nasal polyps that the doctor could not find. I forgot to mention that that private doctor works part time for the VA.

It is my intension's to increase my 30% C&P to 50% or more but [by] connecting my sleep apena with my allegries.


My VA adviser told me that would not happen because I did not have (sleep apena) wile I was in the service. I do not accept that but I do want to move cautiously so I will not have to fight with the VA again to keep my current C&P. Any suggestions?



3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in 3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

(b) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level. (Authority: 38 U.S.C. 1110 and 1131)


#15 entropent

 
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Posted 27 September 2007 - 12:09 AM

td, what your advisor told you is correct, you have very little chance of prevailing in a claim for service connection for sleep apnea as due to allergic rhinitis. that doesn't mean you shouldn't try. it's free, and i've seen stranger things happen.

wings noted the reg for aggravation of a nonservice connected disability by a service connected disability. this is probably the most difficult way to get something service connected. in order for service connection to be established on this basis, you must establish a "baseline" level of the nonservice connected disability, and then show how much the non service connected disability was increased, by rating schedule standards, by the service connected condition. if the medical examiner cannot specifically answer the "baseline" question, and he almost always doesn't even try, the rater cannot establish service connection by aggravation, and will dismiss the claim as speculative.

add that to the fact that you apparently have disappearing nasal polyps, and you may open yourself to reduction. a service connection by aggravation claim requires another medical exam. so do be careful. fyi, a rating is "protected" by law if it has been in effect for 20 years, whether or not there is any evidence that the disability exists.

#16 Wings

 
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Posted 27 September 2007 - 12:10 PM

[quote name='entropent' date='Sep 26 2007, 11:09 PM' post='62606']
td, what your advisor told you is correct, you have very little chance of prevailing in a claim for service connection for sleep apnea as due to allergic rhinitis.

Entropent, welcome to Hadit! I'm not sure why you opine so strongly here. Why not claim sleep apnea secondary to allergic rhinitis (assuming the rhinitis is already SC)? Thanks. ~Wings

#17 Pete53

 
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Posted 27 September 2007 - 01:48 PM

Wings:

I think that Entropent is correct. I also think he has posted some astute thoughts on complicated claims and is well worth considering.

As you and I both know generally a Veteran is at low risk for having their rating reduced but anytime you ask for something it opens up the door for the VA to act.

Yoggie is sort of sitting on a precipice he could get more but he is risking 30%. From my research on nasal polyps they will probably come back .

I wish him good luck but it has been alwfully rare when the VA has reduced a rating of someone that I know.



#18 Wings

 
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Posted 27 September 2007 - 02:08 PM

Wings:

I think that Entropent is correct. I also think he has posted some astute thoughts on complicated claims and is well worth considering.

As you and I both know generally a Veteran is at low risk for having their rating reduced but anytime you ask for something it opens up the door for the VA to act.

Yoggie is sort of sitting on a precipice he could get more but he is risking 30%. From my research on nasal polyps they will probably come back .

I wish him good luck but it has been alwfully rare when the VA has reduced a rating of someone that I know.



Pete, I appreciate your thougths! I welcome Entro [like intro], and feel he's got some worthy angles to consider ;-)

30% seems a very generous rating for allergies with nose polyps. I have them too but am not ready for VA surgical treatment and can NOT afford/do NOT have other medical insurance. I also snore severely and have bouts of sleep apnea. I could file a few secondary claims but since I'm waiting to hear from the BVA on appeal, I'm not going to file. In my case, my health gets worse, not better - and I have tried to stay healthy but time takes it's toll and I will be using VA health care more and more. As time goes on, I'll bet I file for secondary conditions. Since I need good medical evidence, it may take me a few years. I could file now and keep issues on appeal. Nothing wrong with that.

Anyway, I never want to discourage a vet from filing a new claim is the condition is worsening - but when and if it's getting better, that's not a good time to argue a claim!

Good to be back and kicking with Ya'll ;-) ~Wings

Edited by Wings, 27 September 2007 - 02:10 PM.


#19 entropent

 
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Posted 27 September 2007 - 06:12 PM

wings, hello. the reason i am dubious about the sleep apnea as secondary to allergic rhinitis is because i know of no medical literature which asserts any such link. certainly one could get a private medical opinion to say just about anything, but it would have to be credibly justified to be probative of a link. i do not think a va examiner would provide a nexus. still, anything is possible, and it is always worth a try.

as for your secondary conditions, if you are lacking medical evidence that you expect will be forthcoming in time, consider filing an informal claim for the specific benefit now. that way you will have a year to submit any medical evidence, regardless of its merit. add to that the time it takes to adjudicate the claim (which you can slow down by requesting more time), and the one year appellate period after the initial denial, and you have plenty of time to gather your evidence. protect your file date. get the ball into play.

#20 john999

 
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Posted 27 September 2007 - 07:59 PM

I have a CUE claim in for an earlier date for TDIU. It goes back to 1971. I get the horrible feeling that these guys might try and take away my service connection even though I have been SC for 36 years. The St. Petersburg RO has done so many crazy things in the past. I know they cannot sever my SC after 20 years without proving fraud and their was no fraud involved. I have been TDIU for 6 years. I was rated 10% in 1973 even though I was IU. My rating was a joke and all I wanted was to get as far away from the VA as possible. I can't resist fighting for what I think is right, but there is a price to pay in anxiety and worry.

#21 Wings

 
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Posted 28 September 2007 - 09:36 AM

wings, hello. the reason i am dubious about the sleep apnea as secondary to allergic rhinitis is because i know of no medical literature which asserts any such link. certainly one could get a private medical opinion to say just about anything, but it would have to be credibly justified to be probative of a link. i do not think a va examiner would provide a nexus. still, anything is possible, and it is always worth a try.

as for your secondary conditions, if you are lacking medical evidence that you expect will be forthcoming in time, consider filing an informal claim for the specific benefit now. that way you will have a year to submit any medical evidence, regardless of its merit. add to that the time it takes to adjudicate the claim (which you can slow down by requesting more time), and the one year appellate period after the initial denial, and you have plenty of time to gather your evidence. protect your file date. get the ball into play.


Thanks Entropent! I am going into the VA Clinic now on a regular basis and hope to have some new and material evidence by the time my BVA Appeal gets decided, if ever . . . I appreciate your support and knowledge. ~Wings




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