bolt_vet23

I separated from the military in 2005 and had a vasectomy done in 2008. I'm currently 100% PTD. I've been trying to find info on how to use the VA's infertility services, but the only thing I can come up with is that I need to contact the urologist and schedule an appointment to see if I'm eligible. Does anyone know how this process works?

Good morning, I'm currently 100% PTD. I started experiencing chest pains recently and after a lot of appointments had a biopsy done. It sounds like it's sarcoidosis, but will not be sure until the tests come back. I'm wondering if I should submit a disability claim to the VA if it's sarcoidosis? Is there any benefit to getting it added as a disability since I'm already 100 PTD? Thanks

My father was diagnosed today with prostate cancer and the doctor found cancer on his kidney. The doctor (private) said that the prostate cancer is connected to his service in Vietnam and exposure to Agent Orange. Since the cancer was found in two locations, it makes things from a medical perspective a bit more complicated. I believe my father has 10% disability for hearing loss…should be more for several other issues, but he was too proud to complain or be completely open with the VA doctor during the exam. I’ve tried to call the VA today to figure out what they can do from a medical and compensation perspective, but the main 800 number just goes in circles. Based on my understanding of the Agent Orange process, the cancer is clearly related to Agent Orange based on the VA’s list of presumptive illnesses and no proof is required other than service records. My question is should we just submit a fully developed claim online or schedule an appointment with his VA doctor? Hopefully this makes sense. Appreciate the help.

After 2.5 years, the VA finally processed my NOD which resulted in a 100% rating. I’m very grateful for the help and feedback from Hadit over the past few years. However, I have one more favor to ask. I received retroactive pay based on the effective award date, but it was half of what I expected. I calculated approximately $30k in reto pay vs. the $16k that the VA calculated. Since the NOD took 2.5 years, I had other claims that were processed and awarded during this time, which is outlined below with the effective dates. The sleep apnea claim is the one for the NOD. The calculator that I used to determine retro pay is https://www.hillandponton.com/va-retro-disability-calculator/ Disability Rating % Effective Date Old (without sleep apnea) New (with sleep apnea) disability #1 30% 9/16/2005 30% 30% disability #2 10% 7/23/2008 40% 40% sleep apnea 50% 2/9/2015 70% disability #3 10% 7/7/2015 40% 70% disability #4 10% 7/20/2015 50% 80% disability #5 10% 7/20/2015 50% 80% disability #6 70% 4/4/2017 90% 90% disability #7 50% 4/4/2017 90% 100% Would someone more familiar with retro pay be able to tell me if my math is correct? Thanks, Bolt

After 2.5 years, the VA finally completed my NOD for sleep apnea. The appeal shows completed in eBenefits, however, the disability still shows as "Not Service Connected" in Rated Disabilities. I then tried to generate a VA Benefit Verification letter and noticed that my disability % was lowered from 90% to 70%, but my monthly payment amount still reflects the 90% amount. I know that I need to wait for the official letter in the mail, but I wanted to ask a question regarding the NOD process. Can a NOD result in a disability being reduced? Thanks

@jfrei - yes, that was from the number you provided. This seems to be the standard response from the VA.

@jfrei- spoke with VA this morning and they said that my claim should be processed in 60-90 days. I had to laugh since that's what they told me last summer.

@broncovet - thanks for the info.

Anyone have any thoughts on this? Thanks

@ Gastone - When you request an informal hearing and it shows up as a new claim, what is the effective award date? I don't want to lose over two years of back pay just to expedite the NOD. Thanks

@jfrei - The NOD is for sleep apnea. The VA diagnosed me with sleep apnea and issued me a CPAP, but said it was not service-connected. After meeting with the chief Neurologist at the VA, he said that it was definitely service-connected based on my records and offered to write an IMO. I also had an independent doctor write an IMO. @broncovet - Yes, the appeal shows up in eBenefits. Here's what it says: Appeal Pending - Notice of Disagreement VA has received your Notice of Disagreement. You will be receiving a communication from VA in the near future describing the next steps of your appeal. Date not available All paperwork was filed within the required VA window. The RO has responded to my request and my congressman's stating that they are processing more important claims right now and that no further information is available.

I've had an outstanding NOD for almost two years. I've personally contacted the VA as well as my congressman and have been told that there are other more pressing claims that are being worked. My personal opinion, for what it's worth, is that my NOD is pretty solid since I have an IMO from the VA doctor and my personal doctor supporting the claim to include the required VA language (i.e., more likely than not...). Any ideas on how to get this NOD processed? Thanks

Hello, I’m hoping that someone can shed some light on a potential claim for me. I have 10% service-connected disability for my torn ACL ligament, left knee to include pain and 0% for post-surgical scars. During a recent VA appointment, the radiologist noted “X-ray of the Knee : 1. ACL repair in the left knee with medial compartment osteoarthropathy. 2. Normal right knee. Your x-ray results are as above, Knee joint x-ray was normal.” Based on this information, I believe that the codes below would apply at the 10% level for each one. 5003 Arthritis, degenerative (hypertrophic or osteoarthritis): Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below: With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations.............................................................................................. 20 With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups................................................................... 10 Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion. Note(2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic code 5013 to 5024, inclusive. 5257 Knee, other impairment of: Recurrent subluxation or lateral instability: Severe................................................................................................................ 30 Moderate........................................................................................................... 20 Slight ............................................................................................................... 10 Does this sound correct and is there anything else that I should add? Thanks, Bolt_Vet23

Something strange is going on because the date on the 526 form is July 2016, however, in eBenefits it shows that it was initiate in July 2015. See file labeled “VA Benefits 2015” and “VA_2015_Claim” and both show the initiation or received date at July 2015. I've also included below auto generated emails from the VA regarding the initiation of my claim, expiration, and final submission. Claim Initiation Notice received Jul 20, 2015 01:39 PM This is a message from the Department of Veterans Affairs (VA) to let you know that we received notification that you started an online claim for disability compensation benefits on 07/20/2015 01:39 PM. Please remember that you need to complete and submit your online claim application within one year of your Intent to File date. If you have questions about the date we received your Intent to File, please refer to the eBenefits Claim Status page or VDC Dashboard. If you do not complete and submit your online claim within one year of your Intent to File date, it will be deleted and removed from the system. If you are a Service member, you are allowed one year from your date of discharge from active duty to submit your claim. _______________________ Disability Compensation Application Is Expiring in 210 Days Notice received Dec 23, 2015 03:07 AM This message is a reminder from the Department of Veterans Affairs (VA) that you have an open application for Disability Compensation in eBenefits that was started on 07/20/2015, but still needs to be submitted to VA. Please make sure you submit your application to VA by 07/20/2016 or else it will expire and be removed from the system. We encourage you to log in to your eBenefitsaccount to complete and submit your open application for Disability Compensation. If you do not want to complete your application, you can delete it or allow it to expire on 07/20/2016. If you have questions about this claim or your VA benefits, please contact your designated Veterans Service Organization, attorney, or agent. You can also submit your questions to VA's Inquiry Routing & Information Systems (IRIS) (https://iris.custhelp.com/app/ask/), and you will receive a response within five business days. For immediate assistance, please call VA at 1-800-827-1000 Monday-Friday, 8am to 9pm EST. ______________________ Your Application for Disability Compensation Notice received Jul 12, 2016 08:50 AM We are sending this message to let you know that you have successfully submitted your Application for Disability Compensation. Your confirmation number is 54653035. Your submission includes the following documents: * VA Form 21-526: Application for Disability Compensation * VA Form 21-0781: Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) If you have questions or need further assistance, call us at 1-800-827-1000 (711 if you use a TDD). A benefit counselor can answer your questions and provide any additional information that you may need regarding VA benefits or the claims process. You can now track the status of your claim online. To see the current status, go to your eBenefits Dashboard at ( http://www.ebenefits.va.gov ). his decision document is the weakest one that I’ve ever seen from the VA. There’s no information regarding any of my claims, but only what was and was not awarded. I do not have a copy of the C&P exam. Everything that I have is what’s been posted. Thanks

Hi Roberta, Attached is the response from the VA for my claim, which lacks the amount of detail that I've come to expect from the VA. I've also included the initial claim which has the July 2015 date. Really appreciate your assistance. Bolt 1290_001_Redacted.pdf 526 - Copy_Redacted.pdf

Hi Berta, Thanks for the information. I verified that the 21-526EZ that was submitted online contains the Application Submitted date of 7/12/2016 at 8:50 AM. I have yet to receive the official notification decision in the mail so all I can go off of is what's in eBenefits, the back pay deposit that the VA made, and my phone conversation with the VA today. I'll let you know what the decision says once I receive it. I do have a vet rep and am waiting to hear back from them, but figured I'd throw it out it here too. Thanks again for the info.

I created a claim using eBenefits on July 20, 2015 which established the notice of intent to submit a claim. I have the email from the VA stating that I created the claim for disability compensation. I officially submitted the claim July 12, 2016 and also have the confirmation email from the VA to prove it. My claim was processed which increased my compensation amount. I had assumed that I would receive back pay from July 20, 2015 to the award date, however, when I spoke with the VA they informed me that I only received back pay to August 2016. I have no idea where the August date came from and when I requested additional information, I was told that I need to submit a NOD for the effective award date. This is almost 16 months of back pay that I would not receive so it's not a small amount. My question is shouldn’t the award date be based on when the claim was initiated in eBenefits and not when the claim was was submitted? Thanks for your assistance.

I've been down this path and high recommend that you do your due diligence before submitting a claim. I would definitely create the claim ASAP online so that the pay is retroactive, but you'll need an IMO letter from a doctor stating that it's "more likely than not" SC. I ended up paying for a private IMO letter and then asked my VA doc to write one, which he did. My case is currently being appealed since this documentation was not submitted with the original claim. I had thought that they would automatically award me SC for it since the VA diagnosed me with OSA and issued me a CPAP, however, that's not the case. Good luck.

Morning, Just wanted to let everyone know that after 9 months of submitting a FOIA request for a complete copy of my C&P file, my claim was closed yesterday since it was apparently processed. There was no movement on it up until this week when I decided to have my congressman submit a congressional inquiry on my behalf. I also emailed every organizational account at http://www.oprm.va.gov/contacts.aspx and notified the Department of Justice FOIA office at https://www.justice.gov/oip/contact-office. Not sure which one ended up pushing the VA to actually do their job, but my claim was closed a few days later. I really regret waiting this long to take action...should have notified all of them on the 31st day after the original submission. Bolt

Andyman73, During an appointment with my VA Neurologist, I brought up how the VA would not grant me service connection for sleep apnea even though it was in my records. He asked if I wanted him to write an IMO. He emailed me the IMO and now I'm waiting on my appeal. It doesn't hurt to ask since they've most likely done it before and just need to update the IMO with your information. Plus, it can save you some money. Best of luck.

Thanks. I should note that I also submitted another IMO (approximately 75 pages) from a private doc. I've attached the parts that I think are relevant since the rest are medical references. I don't recall a sleep study prior to separation and can't find anything in my records stating that one was ever given. The pre-discharge exam was performed before I separated so the VA had access to all of my military records. I'm assuming that the VA either didn't look for the results or they never existed. The basis for my arugment is that allergic rhinitis was documented and diagnosed, complaints of snoring were made, but yet the VA did not perform a sleep study. Below are the regulations to support my claim: The VA did not perform a sleep study during the pre-discharge exam as required by the Veterans Claims Assistance Act of 2000 VCAA), the United States Department of Veterans Affairs (VA) has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2007). AND WHERE: Under the VCAA, VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C.A. § 5103A(d) (West 2002); McLendon, 20 Vet. App. 79. AND WHERE: VA considers ALL THE EVIDENCE "in support," or in "relative equipoise"; which provides the Claimant prevails under the Gilbert v. Derwinski authority, as maybe presently codified: "In determining whether service connection is warranted, the VA must determine whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event...". 38 U.S.C.A. § 5107, Gilbert v. Derwinski, 1 Vet. App. 49 (1990) AND WHERE, IF: Any reasonable doubt exist, it is resolved in favor of the Claimant, per VA regulations: "Any reasonable doubt regarding a degree of disability will be resolved in favor of the veteran." See 38 C.F.R. § 4.3. AND BY: Applying the proper "benefit of the doubt" rule(s) as provided in the Title 38 Statues: "When the evidence is in relative equipoise, the veteran is accorded the benefit of the doubt." See 38 U.S.C.A. § 5107(b). Second IMO.pdf

Attached is a pdf with the VA's original response in 2005, subsequent claim in 2013/2014, and VA IMO letter. The NOD is in progress and I'm pretty hopeful that it will be awarded, but I would like to get the effective date changed to 2005. Appreciate your assistance. Original Claim.pdf

Hello, I wanted to run something by the group to get your thoughts. I separated from the military in 2005 and had the pre-discharge exam completed before I separated. I claimed sleep apnea as heoric snoring, but was not awarded service connection for it. It's currently listed as a disability in eBenefits from the pre-discharge exam. Fast forward 10 years and I was issued a CPAP by the VA after a subsequent claim was denied. I submitted the NOD along with two IMO letters, one from a VA doc and one from a private doc, connecting sleep apnea to heroic snoring and allergic rhinitis (currently service connected). My issue is that during the pre-discharge exam, the doc asked if I had sleep apnea and I told her no since I didn't even know it what it was then. No test was given since I responded no. However, my question is can I request that the effective date go back 10 years since the VA did not fulfill their requirement to assist me in obtaining evidence and an exam? The following is from the VA's regulations: "The CAVC described the requirements as follows: [The VA must provide an examination or medical opinion when] there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service ... and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran’s service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim." Appreciate any assistance.

I've been trying to determine what exactly "systemic therapy" is and have come to the conclusion that it's only systemic if the prescribing doctor states it's systemic. This is based on multiple VA citations that I've read through regarding eczema claims. I've been using triamcinolone and hydrocoristone to manage my eczema for a few years now...both which were prescribed by the VA. I currently have a 30% rating for eczema and was denied 60% since they said it was not systemic treatment. Here's the verbiage from the VA, "Effective August 30, 2002, the veteran's disorder continues to be evaluated under 38 C.F.R. § 4.118, Diagnostic Code 7806, which is now used for rating dermatitis in addition to eczema. A 30 percent disability evaluation is assigned for dermatitis or eczema over 20 to 40 percent of the body or 20 to 40 percent of the affected exposed areas, or systemic therapy, such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly during the past year. See 67 Fed. Reg. At 49,596 (2002). For the next higher 60 percent disability evaluation, there must be dermatitis or eczema over more than 40 percent of the entire body or more than 40 percent of the exposed areas affected, or; constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs for the past 12 month period." I was prescribed the cream to use on an as needed basis, which is daily. Has anyone had any luck with this?

I've been trying to determine what exactly is "systemic therapy" and have come to the conclusion that it's only systemic if the prescribing doctor states it's systemic. I've been using triamcinolone and hydrocoristone to manage my eczema for a few years now...both which were prescribed by the VA. I currently have a 30% rating for eczema and was denied 60% since they said it was not systemic treatment. Has anyone had any luck with this?