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EdB

Third Class Petty Officers
  • Posts

    39
  • Joined

  • Last visited

About EdB

  • Birthday 04/23/1948

Contact Methods

  • AIM
    SSGT
  • Website URL
    http://
  • ICQ
    0

Profile Information

  • Location
    Norman, OK
  • Interests
    Working on old trucks and fishing

Previous Fields

  • Service Connected Disability
    70%
  • Branch of Service
    Marines
  • Hobby
    Restoring old trucks

EdB's Achievements

  1. EdB

    Ihd

    Hey Capt. I read thru the whole SOC they sent me on my IHD award and it stated that I have a MET 5. It also stated if I was hospitalized again in the next year they would raise it to 60%. That didn't make sense to me why they would say that.
  2. EdB

    Ihd

    Mrs. Rockman, This is part of the evidence I used on my COPD claim. It is still awaiting a decision since last May. C. GENERAL COUNSEL’S PUBLISHED OPINIONS (From time to time, the General Counsel’s Office of the Veterans Administration publishes opinions on the interpretation or application of statutes or regulations. These opinions are considered binding precedent with respect to all claims pending before the regional offices and the Board of Veterans’ Appeals.) 1. VAOPGCPREC 6-2003 (This opinion addresses whether a veteran’s tobacco-related disability or death may be service connected secondary to a service-connected mental disability, which caused the veteran to use tobacco. 38 U.S.C. § 1103(a) prohibits a finding of service connection of a disability or death resulting from the veteran’s use of tobacco during his service. The General Counsel opinion, however, clarifies that service connection is permissible if the veteran’s disability or death is the result of his post-service use of tobacco, which is caused by a service-connected psychological disability.) Practice Note: Representatives should keep this General Counsel opinion in mind when handling PTSD and other mental disability claims. Many emotional disorders and disabilities can lead to the veteran’s chronic tobacco use after service in much the same way that emotional disabilities can lead to veteran’s “self-medication” (drug or alcohol abuse) following service. Of course, there must be medical evidence in the record supporting this secondary theory of service-connected disability or death.) 2. VAOPCGPREC 3-2003 (This opinion discusses whether a claimant is required to show that the disease or injury increased in severity during service before the presumption of aggravation applies. 38 U.S.C. § 1111 provides that a veteran will be presumed in sound condition if his entrance examination does not note any relevant defects, diseases or conditions. The statute further provides that this presumption may be rebutted by clear and unmistakable evidence of both 1) that the condition existed prior to service, and 2) that it was not aggravated by service. However, 38 C.F.R. § 3.306(b) imposes an additional requirement on the claimant in order to receive the presumption in cases of aggravation. § 3.306(b) requires the claimant to show that the pre-existing condition increased in severity during service. The General Counsel opinion determines that this part of the regulation is invalid, as it is inconsistent with 38 U.S.C. § 1111.) Practice Note: VAOPCGPREC 3-2003 is a new General Counsel opinion, of which many of the regional offices may not be aware. Therefore, be on the look out for claims which have been denied on the basis that there was no evidence of increased disability during service. This showing is no longer required to obtain the favorable presumption
  3. EdB

    Ihd

    Mrs. Rockman - You don't need to use form 21-4138 for a buddy letter, but make sure when you do the letter that you include at the bottom " I do solemly swear the statements made are true and correct to the best of my ability."
  4. EdB

    Ihd

    Mrs. Rockman, On question 2 they are asking for evidence to show that your husband got his PTSD in Nam. Can you write a letter and get some other people (buddies would be best) stating how he has changed and how the PTSD has worsened over the years. In my case I filed for mine in 1974 and have been seeing the va ever since then, so they know mine startred in Nam. I think Berta was saying GSW to mean Gun Shot Woudn. I am getting 10% for my shrapnel wound, if he has filed for that he needs to do it asap. I am located in OKlahoma and i use a place called the Ellis Cinic, in OKC to get letters of IMO or nexus letters. They cost $400.00, each, but it is worth it in the long run. Good Luck!!!!
  5. John999 & JBasser, Thank you both, I will get an imo to send with the claim and maybe that will speed it up.
  6. EdB

    Ihd

    I was wounded in March 1968 at Khe Sanh and I did get a purple heart.
  7. The sleep apnea does not need to be service connected to get a cpap machine. You will have to contact sleep medicine and see if they will accept you private sleep study report, they might or they might one to give you a sleep study also.
  8. Hello everyone - I have another question I am sure someone can answer for me. I am currently receiving 10% disablity for shrapnel wound left wrist. Well I also have arthritis in the same location as the shrapnel wound. (The Doctor I saw at my C&P exam told me i had it.) Can i file another claim for this claiming the shrapnel caused it?
  9. EdB

    Ihd

    Capt. Well I am not sure what my cardio ratings are and what the percentages are for them. Can you help me out? Thanks
  10. EdB

    Ihd

    Mrs. Rockman, I filed under the pretense that the drug they gave me, (nicotine from cigarettes) was the cause of my COPD. I found a couple of good articles that correlated the use of drugs and PTSD. Yes it takes forever to get your SVC Med records, but when you do, make sure you look at every page, in case he forgot what happened like i did..
  11. EdB

    Ihd

    Just wanted to thank you all for help with my problems. I did get a letter from the VA yesterday and they have given me 30% SC for my IHD. I filed on May 28, 2010 so I thought that was pretty quick considering all the claims pending. I still have a claim pending on my back and copd.
  12. Carrie, OK I applied for a back injury in 1969 when I was in the Navy Hospital. They denied my claim in 1969 because they said there was no records of my accident and subquential hospitalizaton for 30 days. Well I reuested my SMR earlier this year and low and behold my medical records showed that I had a back injury and was hopsitalized. Then I sent them the new evidence and requested a C&P exam, which they gave me. They only did two x-rays of my lower back, but my claim was for back and neck injury. Anyway they denied it saying it didn't create my back problems. So if i get an IMO that says yes the truama to my back in 1967 has created my disability now, then why couldn't I file a cue on this one? Edb
  13. I am sure they are wrong in denying me SC for my back, that is why I am getting the IMO. If they give me only 10% SC rating, should I not be able to file the CUE then?
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