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Reconsideration letter... Can anyone PM me an example letter not sure how to start it or where to begin????

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Post by bigrex Wed 10 Jul 2013, 10:13

Guest, you are correct that wording can leave room for a denial, but not yours. VAC and VRAB look at letters from Doctors and specialists very carefully, and if they use words similar to likely, possibly, can or could have, then the decision makers use these "loopholes" to deny otherwise solid claims. Even using the word opinion can be used against a Veteran, IF they can find another doctor with a differing opinion, as in the depleted uranium cases.

I will use my case as an example. I had corrective surgery on my fully pensioned left knee in Apr 04. Over the next 3 month, my right knee started showing similar symptoms as my left knee, and X-rays showed I had lost 4 degrees of cartilage in the knee and the surgeon knew this because he had ordered x-rays of both knees weeks a week before my surgery. I ended up having surgery on my right knee in August 04. I submitted a consequential claim in 2005, was denied, and did not get my VRAB hearing until 2008. Since I submitted my claim, I was forced to have second surgery on my right knee, was released and moved back to Halifax from Ottawa. My argument was that having to weight bear solely on my right leg for the 3 months following surgery, severely and permanently aggravated a preexisting condition. I tried getting a letter from the operating surgeon, but he had retired in 2006. My current orthopedic surgeon agreed to write a supporting letter. Unfortunately, what he wrote was that it only makes sense that excessive and prolonged weight bearing, such as following surgery on an opposite knee, would aggravate preexisting knee OA. VRAB tore this apart, saying that this was only his opinion, and in their opinion, the rapid deterioration of my right knee was purely coincidental, and had nothing to do with the extra weight bearing that it endured, appeal denied.

So, if you ask a doctor to write a supporting letter, make sure they understand that it has to be absolute. Use words like did and will, or else VAC/VRAB will again try to minimize the payout. Good luck
bigrex
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Location : Halifax, Nova Scotia
Registration date : 2008-09-18

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Post by peep Wed 10 Jul 2013, 10:12

The most important thing to have is your MRI, CT scan, Tomogram or exray reports with your claim. When the board meets to asses you, words do not mean to much, but a image report they always take at full value.
peep
peep
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Post by Guest Wed 10 Jul 2013, 07:21

Thanks Teen

I just thought there would be an example letter. Most reasons for why they deny claims is because it is written wrong.

Like; Yes the CF has contributed to his injuries.

Instead of; Yes during his time with the CF he has occurred many documented injuries with at wok or mandatory PT.

So it would be nice to have someone's letter that won their claim. Its the wording that makes or breaks the claim.

Guest
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Post by Teentitan Tue 09 Jul 2013, 14:20

Still call your CM your doctor has new assessment of your lumbar. Your CM will guide you on what you need to do.
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Post by Guest Tue 09 Jul 2013, 14:09

Thanks Teen I have the paper work already and the VAC Doctor already reassessed my back and did the paperwork up to send out.

I am just doing a letter to try to get my 3/5th raised to 5/5th

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Post by Teentitan Tue 09 Jul 2013, 13:57

Contact your Case Manager at VAC and ask for a "reassessment" of your back.

The CM will ask why? Then tell her what your doctor said.

The CM will send all the paperwork for the reassessment to you and VAC will pay for any medical reports from your doctor.

This table 17.19 might help your doctor in writing the report.

http://www.veterans.gc.ca/eng/services/disability-benefits/benefits-determined/table-of-disabilities/ch-17-2006#t19
Teentitan
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Post by Guest Tue 09 Jul 2013, 13:48

Sorry,

Well I saw a VAC Doctor at Sunny Side A hospital and had all my injuries reassessed.

She was surprised when she notice I was only given 3/5th not 5/5th for my bracketed back injuries Mechanical lower back pain and Osteoarthritis Facet Joints lumbar spine.

Anyway join out of 3 months out of high school with no injuries on record but have around 12 on medical docs.

I am waiting to hear back from her assistance to see if would right letter on my behalf stating that she believed it was all due to many CF work and sports related injuries.

Any advise would be greatly appreciated.

thanks

Guest
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Post by peep Tue 09 Jul 2013, 12:45

Give details. Not allot but some. If its hard on your privacy, PM one of us with the details.
peep
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Post by Teentitan Tue 09 Jul 2013, 11:18

Reconsideration for what?
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