Shyne-I

Chief Petty Officers
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    278
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Shyne-I last won the day on March 8 2014

Shyne-I had the most liked content!

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About Shyne-I

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 01/31/1971

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Navy

Recent Profile Visitors

821 profile views
  1. Okay, so for some reason I can't remember my own administrative password to my scanner and I can't scan and upload my decision rating letter(narrative) that I had to Go get from the TVC because they didn't mail it with with the reply letter!! They totally screwed me and now I have to go through the Appeals process which could take years! I'm just going to summarize: Reasons for Decision The decision to grant compensation from December 1, 1994 for sinusitis is not considered to have been clearly and unmistakably erroneous because the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous. (And this is where they get really thrown off because they use the current rating criteria for 6512(sinusitis) A noncompensable evaluation is granted unless there is evidence of one or two incapacitating episodes per year of sinusitis requiring prolonged(lasting four to six weeks) antibiotic treatment, or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting. (And then for some odd reason...they throw in this statement..) Since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination. (So here is some of the evidence that was already in my records, plus what I believe the bullet they provided for their own gun was in their May 1995 Rating Decision) March 1994 Evaluated for complaint of sinus congestion April 1994 Presents with 1 day history of respiratory symptoms ear pain, sore throat, nose congested, otitis media July 22 1994 Noted some maxillary sinus tenderness with complaints of left ear pain and drainage, and temporal headaches. July 29 1994 Evaluated for complaint of headache frontal X 1week Tension headache SIQ 24hrs August 1994 Noted complaints of headaches and slight ear pain. Examination noted right maxillary sinus tenderness Separation Examination noted history of frequent tension headaches and frequent sinus infections February 1995 C & P Exam Diagnoses : 1. Frontal Sinusitis, Mild 2. History of Urinary Tract Infection 3. Sinus Headache May 1995 Rating Decision: In determining evaluations for sinusitis, consideration is given to the frequency and severity of recurrences, and the severity of symptomatology such as headaches, sinus discharge, and crusting or scabbing of the mucous membranes. The evidence shows mild or occasional symptoms with X-ray evidence of sinusitis which warrants a noncompensable evaluation. 2. Whether the claim for headaches is well grounded. The condition of sinus headache is considered a symptom of sinusitis. Service medical records show treatment for a tension headache however, this was shown to be a temporary condition which resolved with treatment, and no permanent residual disability was shown at the time of separation. (Sinusitis was granted at a noncompensable rate and headache claim was not well grounded) Criteria for sinusitis before October 7, 1996 With X-ray manifestations only with mild or occasional symptoms warrant a noncompensable rating For moderate symptomatology with discharge or crusting or scabbing, with infrequent headaches a 10% rating is warranted. For severe impairment manifested by frequently incapacitating recurrences, severe and frequent headaches, purulent discharge or crusting reflecting purulence a 30% rating is warranted. 50% evaluation is warranted for postoperative, following a radical operation with chronic osteomyelitis, repeated curettage, or severe symptoms after repeated operation. (I feel like they should have given me the 10% rating because of the sinus headaches)
  2. Hello All!! It's been a long time!! I have been peeping in on you all every once in all while...coping skills are still not my friends of mine...Lol! I am so sorry to hear about Carlie and the others lost along the way. I just got my decision back on that CUE I finally decided to file after all these years and it took them less than a month to deny it based on the fact basically that the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous. How could it be an exercise of judgement if they have rules and regulations when it comes to ratings?? 38CFR. 4.7....I guess that makes it a judgement call but I thought it was always supposed to be in favor of the veteran!! But I know that the benefit of the doubt rule does not apply to a CUE....any thoughts on how to fight??
  3. Congratulations on your success with Social Security. So glad you didn't have to fight for that benefit!! Shyne-I
  4. Congratulations to you and your family! Shyne-I
  5. Congratulations on your victory! Shyne-I
  6. Ok!

    Great news!! Congratulations to you and your family! Shyne-I
  7. Congratulations on your victory!! God is Good.
  8. Kate, I think a month is long enough to have shown up by now. It doesn't make sense that DAV can see it and the RO can't. Shyne-I
  9. Hi thomasc, My claim went back to gathering of evidence on May 2nd!! Just got the envelope yesterday and it says that they need N&M evidence for my migraine claim....the sad thing is that I sent them all the evidence with an outline of the evidence back in December. My question is how could they have missed it when it says clearly on ebenefits...DBQS for migraines received, evidence from Texas Neurology received! I was told that they just started processing my claim for PTSD by MST and that's why it went back to gathering of evidence but it still does not show an open claim for it. Oh well, that's what I get for not pushing the issue. Shyne-I Oh and yes I have TVC for representative.
  10. Navy04 you can contact your loan provider and request a discharge application. Look up "nelnet" and they have the process for Total and Permanent Disability discharges. Shyne-I
  11. Wow....Congratulations! ! If you don't mind sharing, what were your conditions and what was the breakdown of your conditions? Was your claim at the BVA? Again congratulations on your HUGE VICTORY!!! Shyne-I
  12. It won't affect your SSDI. Shyne-I
  13. Try going to the TDIU forum and view some of the posts there. Maybe Veldrina can help you or some of the other members who received TDIU. Shyne-I
  14. Wow...Congratulations! ! Shyne-I
  15. Congratulations so glad to see the influx of success stories again!!