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The Battle Continues


We send them to battle for rights and freedom, and they do so without question or regard to their personal safety. We know many will be killed and many will have wounds they carry for life. Some wounds are not visible to the naked eye, but the look in our warrior's eyes tells more.

They march to the sound of the guns, and follow the commands of their leaders without hesitation, and trust their fellow warriors to do the same. Some fall never to rise again, but the battles go on until the last breath of freedom's air is consumed, or the day is won.

These warriors carry the title of United States Marines.

As one of those warriors who has long since set his weapons aside, what I was then is who I am today. I am a warrior, but I'm fighting a different battle, fought a different way with different weapons. I see from my own experience how our warriors have to battle for what is their entitlement. We were not trained for these battles and do not have the weapons of our opposing forces, but we will march forward without retreat on our minds.

Here is my reconnaissance:

Often, nearly 100% of a delay in getting our entitled help is the lack of proper evidence to support a claim. Our evidence is sent to a Decision Review Officer, and, in his defense, he can only act on what we present. A denial is almost certain.

Often, before a claim is awarded the DRO will request the opinion of a Comp and Pen examiner. This exam is not to hurt the claim or the veteran but to get a fair representation of a claim from a doctor who specializes in the field of the claim.

Starting with a diagnosis.

First, understand a diagnosis is a doctor's opinion based on symptoms, and many of the symptoms can fit different conditions. Some conditions are easier to diagnose, for example a cut finger.

Compare that with hypertension. For a doctor to pinpoint the exact cause of a person's hypertension is pure speculation. The list of causes is long, so based on the doctor's best speculation, he can only suggest various possibilities. Heart conditions are the same.

The causes of Post Traumatic Stress Disorder are a little easier to determine but still not an exact science. So connecting all these conditions as one, like PTSD is a known stressor that can certainly cause hypertension, and heart conditions can be a result of hypertension, is difficult. So many symptoms can be the cause, and it only leads to speculation. Remember this: "The exact cause cannot be confirmed or denied".

Now put yourself in the DRO's position. You have before you a Marine's claim, and you have only the diagnoses from the C&P examiner on which to base your decision. Why? Because it is the only medical evidence you can use for a decision. The claimant's opinion or any lay person is ZERO. It may be right, but it doesn't count.

So here is my suggestion: If you get a denial or a rating you feel is too low, don't get mad and give up. You've only just begun, and you have made some headway. After all, you now know something that won't work. Consider your mission, and stay focused.

You have an appeal process. Use it to your advantage, and gather new evidence to support your claim. The evidence you use can be your opinion in your words, but your opinion, sadly, will not refute the C&P examiner's opinion, and you can nearly guarantee a less-than-favorable response from the DRO.

To your advantage, you have the DRO's response, and you can get a copy of what the C&P examiner said. Gather both, and the mission will become clearer. Gather additional evidence that clearly refutes the C&P examiner's opinion, along with what the DRO said.

The evidence to support your claim should outweigh the C&P examiner or other VA doctors. Remember, evidence to the DRO is the number of medically qualified doctors that say "likely, almost certainly" compared to the ones that state "not likely, or least likely." Sounds nuts, I know, but it is what they say because no one can say clearly "it is" except for visible wounds.

Caution, beware of what you expect when your evidence goes against the C&P examiner. The DRO may send you for another C&P exam to confirm the previous examiner, or he may send your evidence to the examiner that said something like "less likely."

Here is where my experience may be helpful. Feeling confident that you have sent complying evidence that offers an opinion favorable to your claim to refute the examiner, DO NOT wait six months or more to get a response. Continue checking your medical records for an updated opinion from the C&P examiner. The DRO may have sent your evidence to the C&P examiner so he can have a chance to refute it. You may not know about this unless you ask, and if he refutes it this throws weight back on the side of denial.

We have on our side a "Reasonable Doubt" rule where different opinions split down the middle are supposed to fall in favor of the veteran, sort of like the old sandlot rule that "the tie goes to the runner." But rarely, if ever, will you find it used by a DRO, and they often seem to work against the veteran. This is a reason I feel the DRO goes to the effort of having your evidence refuted, or demands a new exam.

Again, if this happens - the DRO wants a new exam or an update from the original examiner - be prepared to move quickly to gather more medical evidence on your side. You will certainly set your appeal process back by filing new evidence, but your mission is to get a favorable award.

Time for an example:

My claim suggested there was not a likely connection between my PTSD, hypertension and heart related illness. My reaction was to get an opinion outside the VA to refute that opinion. I went to a major institution, and I was seen by one of the leading doctors in this field who also is the head of a department of one of the largest hospitals in our area. His response was: If my PTSD was not the cause it "almost certainly" aggravated the progression of my hypertension and heart related illness.

The DRO without my knowledge sent this opinion back to the original C&P examiner, who promptly responded to the DRO that anyone saying what that doctor said is purely speculating. He now felt my hypertension was caused by me being overweight, even though he never examined my weight.

My response was to gather medical research on the Internet mostly from leading institutions and even the recent release of the study from Harvard stating there clearly is a visible connection between PTSD, hypertension and heart related illness. So now, it's not just "me," but others suffering from PTSD as well. Then I faxed all this information to the DRO or review team.

But I had wasted my time. Any evidence that you present that does not directly mention you, OR OTHERS LIKE YOU, is not considered evidence.

So, the DRO had two opinions from the C&P examiner to refute my doctor, and to make his denial he threw in that there was no medical evidence in my record during my service, or one year following to support this claim.

The DRO's report is weak of facts, but it is his opinion, and, I add, his opinion is without risk of consequences.

Remember. when filing a claim, file that claim knowing it is reviewed by DROs, with little knowledge of the conditions you are claiming, so make your claim with as much supportive evidence as you can inside and outside of the VA. Do not proceed thinking that you are dealing with people that "should" understand your condition, educate them. I'm still working to educate mine.

Your Country is on your side, but it is up to us to fight the battle.

Now march on!! Simper Fi

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