VictorE

My disability ratings are 70% MDD 60% Fibro 20% Spondylosis (lumbar) 10% Neuropathy Lt Leg 10% Neuropathy Rt Leg 10% Bilateral for Neurophy 10% Tinnitus Missed the round up to 100% by 1.3%. VA ignored several grants by BVA that will take me over the 95% but I want to get to 100% TDIU in the meantime. BVA Granted entitlement W/O remand in August and VA granted %'s in September. I have SS evidence that I last worked in 2008, will the VA retro back to 2008? My VARO is Wichita KS

Just got my approval letter stating my percentages and how much retro I got. I don't fully understand what the percentage amounts add up too. The letter just tells me percentages and how much I get and how much my attorney gets. MDD = 70% myofascial pain = 60% DJD = 20% neuropathy Rt lower extremity = 10% neuropathy Lt lower extremity = 10% I was already receiving 10% for tinitus What does this all add up to? I assume I will be awarded the extra 10% for bilateral but won't know until I get the award letter.

I recently received notice from the BVA that my claim for benefits filed while on active duty in 1985 have been approved and that entitlement has been granted. I was injured in the line of duty and a Formal Medical Board determined that this injury to my spine caused me to be unfit for duty. I applied for my benefits while on active duty so that I would be taken care of from the day after my medical discharge. 4 weeks after my discharge the VA did a C&P Exam and 6 weeks after that I got a letter saying they denied my claim because my disability was congenital, being so frustrated with the medical board process, I walked away and did not appeal the decision, I know it was stupid to walk away but I was a 24 year old kid that had an attitude. I tried to reopen my claim in 1990 and 1999 but I didn't have any new and material evidence since all my medical records to support my request were in my file at the time the first decision was made so walked away again, without appealing the decision. In 2009 I applied to reopen my claim and this time I was granted a C&P. I want to make a point here to say that each time I tired reopen my claim I used a VSO to do so. I waited a year to get a C&P exam, the exam was a joke, it was conducted by a nurse who had just been through training and I was her first solo C&P exam. They must train them to make stuff up to deny a claim because she invented a denial saying that I must have had some form of childhood arthritis that caused my disability and that all my symptoms were from the childhood disease and not due to the injury to my spine that caused my medical discharge, she went on and listed all the different diagnosis that had been given to me while in service like, Spondylosis, Spondylothesis, facet syndrome, degenerative disc disease and myofascial pain syndrome. Her reasoning for this was that she noticed I had bilateral finger eversion and splotches on my lower legs, still today I have no idea of what made her say my pointing finger is bent, the splotches she described are sun spots, I am now 55 years old. I won't go into all the detail here but the BVA didn't believe it either. I do believe she committed a CUE here by not considering that nothing was wrong with me at my induction physical, meaning at the very least that if I had anything wrong with me that the disease worsened to the point that I was medically discharged and I should have been awarded entitlement. I filed a NOD shortly afterwards and then involved a VFW Regional Office Manager Ron Cherry to help me during the hearing, the hearing went well and the VFW rep and I left the VARO excited about the favorable comments made by the DRO. A year later I received notice that my NOD had been denied. I hired an attorney to help me because I was in no shape to fight on my own anymore, emotionally I was spent and I thought about just walking away from it all again, I couldn't though because I cannot work due to the pain and mental health issues I have, it was either keep fighting or roll over and die, I chose not to die and to continue to fight and correct this injustice. My attorney was not very attentive to the amount of time it was taking for the VARO to move my claim to the BVA, I hired him in 2012 and by 2015 the BVA still did not have my claim on the docket. I contacted my Congressman Kevin Yoder, in May of 2015 and his representative Cheyne Worley got things moving fast, I am so grateful for his involvement, my claim had sat at the VARO for 3 years and within 2 weeks he got them to get it on the docket at the BVA. Around the first of July I got that elusive manila envelope from the BVA stating that they had awarded entitlement for the disabilities that I had first applied for the day after my separation in 1985. I cried that day. About 2 weeks after I got my approval letter I received a letter from the VARO Director saying that she was writing to me because the Obama Administration had requested a response to the correspondence they had received in regard to my claim. She stated that my claim had recently been approved by the BVA and I presume that a copy of this letter was also sent to the White House. The BVA letter stated that no condition of the back or spine was noted at my induction into service, that documents from service show injuries to my spine in Jan 82 and again in Dec 1983. That I suffered from recurrent lower back pain and that ultimately I was discharged from service due to low back disability. It also states that the Medical Evaluation Board found that my disabilities were incurred in service and did not exist prior to service. The BVA judge also said that the basis for the finding that my Spondylosis was a congenital disability is unclear and it may be based on a remark by one of the members of my 1985 Medical Board Hearing. The judge then states that it appears that not all of my service records were associated with my claims folder at the time of the denial of my claim in 1985. In the BVA decision letter I was also granted entitlement for bilateral neurological disabilities of both legs, lumbar muscle atrophy, Major Depression Disorder and myofascial pain syndrome. I want to say thank you to Berta and all of the other vet's who have commented and been supportive of me while I fought this fight. I first joined hadit in 2009 and I am so glad I did. I cannot state strong enough for my fellow vet's to not give up, sometimes it takes decades for justice to be accomplished but eventually it will as long as you keep fighting and not walk away frustrated by the VA's ineptness. Based upon the statements made by the BVA judge I feel that I have a good case for being awarded an early effective date and probably a Clear Unmistakable Error decision. I tried to find my BVA decision on line but couldn't locate it, if anyone can find it and paste a link to it I will greatly appreciate it. My BVA Docket number is 12-18 293 dated June 25 2015.

Per 38 CFR 4.85 Table VII he would be at 0%, if they rate him using 38 CFR 4.86 he would be at 10%. It took me awhile to figure out how they come with the percentages but once I understood it is easy to figure. The VA exam states 1000 Hertz - Right = 20 2000 Hertz - Right = 50 3000 Hertz - Right = 65 4000 Hertz - Right = 70 AVG 51 speech recognition 82% IV 1000 Hertz - Left = 25 2000 Hertz - Left = 40 3000 Hertz - Left = 65 4000 Hertz - Left = 60 AVG 48 speech recognition 84% II 0% rating with speech recognition - 10% on puretone only The IMO exam states 1000 Hertz - Right = 50 2000 Hertz - Right = 60 3000 Hertz - Right = 65 4000 Hertz - Right = 75 AVG 63 speech recognition 96% II 1000 Hertz -Left = 50 2000 Hertz -Left = 55 3000 Hertz -Left = 70 4000 Hertz -Left = 70 AVG 61 speech recognition 88% III 0% rating with speech recognition - 10% on puretone only

My father a Korean War vet was approved for service connection for bilateral hearing loss and Tinnitus on a decision made by the BVA on Oct 22 2013. The issue I am having is I cannot figure out what his rating will be, the BVA has remanded it back to the VARO for rating but for the life I cannot figure out what the rating percentage should be. Any response is appreciated. It says his speech recognition from the VA is 82% in the right ear and 84% in the left. The VA exam states 500 Hertz - Right = 30 Left = 25 1000 Hertz - Right = 20 Left = 25 2000 Hertz - Right = 50 Left = 40 3000 Hertz - Right = 65 Left = 65 4000 Hertz - Right = 70 Left = 60 The IMO exam states 500 Hertz - Right = 50 Left = 45 1000 Hertz - Right = 50 Left = 50 2000 Hertz - Right = 60 Left = 55 3000 Hertz - Right = 65 Left = 70 4000 Hertz - Right = 75 Left = 70 It says his speech recognition from the IMO is 96% in the right ear and 88% in the left Can anyone guess/estimate what his percentage rating might be? He is currently rated 10% for his right shoulder and I know the rating for tinnitus will be 10%.

Free Spirit, thank you for all of your research and concern. I probably am howling at the moon discussing the importance of the redacted medical file. My attorney says lets first get you service connected and then go into the other issues like EED and CUE, pretty much the same thing you have said. I just get frustrated with the life I live and wish it would get resolved. I feel like I am in a standstill but its been so long now that I need to remember each day brings me closer to getting this injustice corrected.

She cited the medical record in her opinion by saying that her findings were supported by his opinion. I applied in 1985 and when I got home I called the VA and scheduled a C&P exam. It was conducted 30 days after my discharge but the day I went in for the C&P they made me fill out another different claim and when I got the denial 60 days latter it said my reopened claim was denied because I had to have a disease or injury that was incurred or aggravated during my service time. Obviously my records were not before the person who made the decision to deny. Also when I look at my C-File there is no medical opinion that says I had a hereditary condition, matter of fact the examination doctor did not mention anything from my SMR's. I tried to reopen in 1990, 1999 and 2009 all were denied because I could not produce any new evidence to support my disability was incurred in service. I have an attorney now, I hired one after the NOD denial. We first are going to get them to recognize the same disability exists as it did in 1985 and then address the EED and CUE issues, I need some income, I currently am on SSI which pays only $600 per month. I included a IMO with the BVA pleading in which the doctor states that the nurse practitioner was wrong in her opinion that I had a form of childhood arthritis and that my current disabilities are due to the disability that was caused by the direct physical trauma to my lower spine while on duty working as an aircraft mechanic. He stated that there is no medical standing anywhere that exists which supports her statements about my disabilities being connected to hereditary arthritis. He states I have loss of my legs bilaterally due to nerve damage with bilateral sciatica, bilateral neuritis, bilateral radiculitis, myofascial pain, bilateral lower extremity muscle atrophy and Major Depression Disorder.

If anyone can give me a precedent to study it will be helpful. What he said was that my disability was due to a work related injury, he gave no details of what he called an accident in 1990 even though in 1985 I went through a Physical Eval Board that determined I was injured in the line of duty and that my disability was not pre existing, my DD214 says discharged by reason of physical disability with entitlement. The statement that I fought for him to redact was that during a workmans comp suit I accepted a 1 time payment in lieu of future medical care. The C&P examiner cited his medical record in her denial and even says that while I was diagnosed with Spondylosis, Spondylolisthesis, DDD and facet syndrome while in service that these were due to a childhood form of polyarticular arthritis and were not related to the physical trauma to my spine (LOA is in my SMR file). Yes, she ignored that I was fit upon my entry exam. A VA citation or circuit court case would really be beneficial in helping me win this claim that I filed on a BDD claim form while still on active duty in 1985 1 month prior to my medical discharge. Have I been screwed for 28 years? YES!

In 2009 I saw my first VA medical doctor and after refusing to review my service medical evidence I had brought with me he put into my VA medical record inflammatory remarks that after 2 years I was able to get them redacted from the record. Can this record now be used as evidence against my claim? The medical record states on it now that a part of it was redacted. This changed the VA medical record but before I could get the statements redacted a C&P examiner used the record against me when denying my claim. I brought up this issue during my DRO hearing but of course it does not appear in the transcript of the DRP hearing and now my claim is waiting on the BVA to review my claim. My question to my learned friends is can a VA redacted medical file be used as evidence against a Veteran? I read somewhere that a VA ruling was handed down that since the contents of the Medical record had been redacted that it no longer is valid as evidence because it changed the content of the record making it invalid.

I have an attorney now, after 3 years of trying to get help from different VSO's, the VSO route was not good for me because the claim is so old and they did not have the time to focus on my claim. The story from the VA for my denial has changed multiple times over the years from no record in my SMR's to acute and transitory and this last time hereditary childhood arthritis. I find it hard to believe that a Congressman's family member would be treated this way or that if it was politically advantageous that they could illicit a fair review of the claim. I am just an average Joe with no "juice" to get the attention of a Congressman. My C file is floating around so I am not worried about it being moved to the end of the line, my attorney filed an appeal with the BVA and we are being told maybe "sometime next year". I have a C&P at the end of this month for a claim opened due to statements in my NOD pointing out the disabilities that I was discharged for are directly service connected. I was medically discharged for Facet Syndrome and Myofascial chronic pain (Fibromyalgia). They opened the claim for Fibromyalgia but ignored the Facet Syndrome again. I am asking for an inquiry to why my claim of Facet Syndrome has never been adjudicated. I figure since I had a FPEB Board and an appeal to the Sec. of the AF that both found me to be unfit for duty due to a permanent disability that occurred in the line of duty that my disabilities should have been recognized in 85 with at least a 0% rating which would have allowed me to get medical care and vocational rehab. I remember once reading something in the CFR that Congress can award monetary compensation due to an injustice. Does anyone know where I can find this statute? I might try to use it to shake up the tree a little. I am trying the Media Blitz but find it very hard to get the media to cover my story. Every once in a while I read some special interest story about a Veteran and their fight with the VA but this is only after the Vet has won and the claim is recognized on it's merits.

After a physical trauma to spine resulted in 18 months of physical therapy the Sec. of the USAF on appeal found me unfit for duty and medically discharged me in 1985. Prior to my discharge I opened a claim for VA benefits and 6 weeks after getting out the VA turned down my claim saying my records were silent of any disease or injury incurred or aggravated during service. I filed to reopen my claim in 1990, 1999 and 2009 but was denied each time. Last time in 09 the examiner made up that I must have had a form of poly-articulate arthritis that caused the disability that I was discharged for. I recently asked Sen. Jerry Moran who sit's on the Committee of Veteran Affairs in Congress to help me get the VA to recognize the disability that the AF said occurred in the line of duty but Senator Moran's people tell me that he has no power to get the VA to do anything in regard to my claim. I wrote an article where I list all the records submitted to Sen. Moran (at the bottom under comments), check it out and be amaze, I guess Sen. Moran is only on the Committee further his political agenda and Vet's are considered to only be PR fodder to him. http://www.leavenworthtimes.com/opinions/letters_to_the_editor/x269562020/Letter-Moran-does-not-care-about-vets