Tomahawk

Second Class Petty Officers
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Tomahawk last won the day on August 17 2015

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About Tomahawk

  • Rank
    E-5 Petty Officer 2nd Class

Previous Fields

  • Service Connected Disability
    30
  • Branch of Service
    Marines

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  1. First of all. File the Form 9. You are on a deadline with that. You don't need an attorney, or an IMO to send in the Form 9 stating you disagree and want the BVA hearing. Hopefully you are close enough to your regional office that you can hand walk it in to get a time stamped copy for yourself. If not get it in the mail as soon as possible so you don't miss the deadline. After that you can get the attorney and/or the IMO. If you are going to go the attorney route they probably have a preferred company to use for IMOs. If you are going to just get the IMO yourself you need to make sure you print out the DBQs for the issues you are claiming. And make sure you have a full copy of your medical records and SMRs for the IMO doctor to you review. The IMO will need to state it is "at least as likely as not" service related/caused or aggravated by a current SC disability. And then it also has to provide reasoning for that statement. If your IMO does that it is highly likely you will win the appeal. As far as the VA Backlog goes, you may want to at least reach out to a VSO. There are ways to get it sped up and they can probably help you with that. However once you submit the Form 9 it doesn't just automatically get sent to the BVA. I filed my Form 9 in March of 2013. The DRO didn't review my file again until July of 2016 to then send my case to the BVA in August 2016. I had my video hearing November 3rd. And it is now my understanding that the average wait time after the hearing for the decision to be sent out is about 270 days. With that said, before they sent my file to the BVA the DRO did review my file and granted one of the conditions I was contesting. So if you do get the IMO and send it in they can indeed review it and possible grant your appeal prior to it getting sent to the BVA
  2. I would file the Form 9. If you submit additional evidence after that they will review it and may make a decision before it even goes to the BVA. I filed my Form 9 in 2013. They were finally submitting it to the BVA in July of this year when they reviewed the C-File and granted me 1 of the 5 items on appeal before sending it.
  3. I have been battling the VA for over 15 years. I have had numerous vet reps throughout that time and in the end I got rid of them all and took the time to do the research myself. Before finally sending my claim to the BVA, the DRO called me in mid July stating that they reviewed my claim and that 1 of the 5 issues I was contending was going to be granted for me. And they also told me that within that review they saw two other claims that I should have made. Which I found odd. She basically told me that I should look over my file. There are two conditions that are clearly related to my SC Disability and that were I to file for those they would be granted without any issue. However she wouldn't tell me what those two conditions would be. So I need to figure that out once I finish my appeal. With that said, after an almost 7 year wait I had my BVA hearing last week. I just started a job a month ago that is my first since service to offer medical insurance. So I answered all of her questions, and presented my case, then requested the judge to hold the record open for 60 days so that I can have time to get an IME on 2 of my 4 issues which she granted. After we finished the hearing and she stopped recording she stated that she was pleasantly surprised. Most veterans who represent themselves aren't prepared, it was clear that I had done my research, and that I did an exceptional job presenting my case. I'm hopeful that she wasn't just blowing smoke and that my case was strong in her eyes already. So now I have to get the IME's and hope the doctor agrees with the conclusions I have drawn. After that we will see how it goes. Keep fighting if you believe your cause is just.
  4. I was under the impression that if you requested a copy of your c-file that the VA was under time constraints on getting you a copy? I applied for a copy in August of 2015. I checked ebenefits today and its stating Estimated Completion: 10/10/2016 - 05/14/2017 Seriously? Up to 2 years wait for a copy of a file that is supposed to be electronic at this point?
  5. Well. I have my VA medical records which show I have CRPS. Which is already in my 30% service connection. However they rated me as 30% for "post-operative foot injury with complex regional pain syndrome". I just need the doctor to write something to get them to separate it.. The foot in and of itself is practically worthless due to the VA surgeon fusing all of my toes. I have zero movement on my own and they can only be moved by hand a few degrees. My ankle constantly rolls because of this which I thought would have been rated as well but apparently not. But for those 2 issues I shouldn't need anything in my SMR. The foot and the VA surgery that caused the CRPS are already service connected. As for the rest of my claims that were denied. There are entries in my SMR. But apparently not enough for the C+P doctors to opine in my favor. However everything I claimed is also exacerbated by my already SC condition. So they should be granted on that basis alone. I do have a copy of my C-File, or at least as complete of a copy as I can. As well as 1 copy left of my SMR. I do not have a VSO. I fired the one after this last claim because he put all sorts of shit in my claim that I wasn't claiming. He put a claim in for my opposite foot which there is nothing wrong with. He put a claim in for 100% IU. And he didn't include a 2 things I specifically mentioned. I learned the hard way that you shouldn't trust a VSO when they say "Sign this, Ill fill it out when I have time and submit it". been going it alone since. But I would most assuredly explain to the doctor that he needs to review the records and provide a complete rationale for his findings.
  6. Ohio Specialty Network is the company's name. http://ohiospec.com/ I told the lady I spoke to I would call back once I had my medical records. I submitted the ROI at my local hospital in person and mailed request to the 2 other hospitals in different states I was treated at. She said once I get them to come in and drop the medical records off and schedule an exam. It's my intention to print out the DBQs for everything I claimed as well as explain that I need a letter to accompany each that states "more likely than not" "at least as likely" or "was/is caused/aggravated by" if he deems them to be related to service.
  7. I found a local company that specializes in IME/IMOs typically for lawyers/workers comp cases. I asked about the price for a VA exam and she stated they do them at an extreme discount for vets. She stated $400 for all 5 of the issues I am seeking an IME on. That almost sounds too good to be true.
  8. Does Dr. Ellis require an in person examination? Im quite a distance from OK
  9. Migraines, Degeneration of lumbar or lumbosacral intervertebral disc, Spondylosis, Spinal stenosis of lumbar region, Obstructive Sleep Apnea, Esophagitis, Hiatal hernia, Gastroesophageal Reflux Disorder, and CRPS/RSD of the Lower Limb. I've tried Dr. Bash twice and never received a response, so I assumed he is pretty booked up.
  10. Mine deposited this morning. I think they can come any time between now and the end of October.
  11. I had a C&P Monday before last. The notes were available under blue button on Friday. I had a chiropractor exam this passed Monday, the notes were available this morning.
  12. They recently switched me to tramadol 2x50mg as needed for pain. They don't do squat for my pain.
  13. Just so you guys are aware. I called the Three Wire one to see if they could confirm I did everything right to get considered and they have no way to check. However he stated if I hadn't heard anything within 3 days to email alp.vbavaco@va.gov to request an update.
  14. I just did the steps for it. We'll see. I could use some free certs lol.