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    • NOD / DRO or TARP?
      Have you googled the doctor who did the C & P? He/she might have no background at all in MH issues.      
    • NOD / DRO or TARP?
      Sometimes I think I have seen it all and then VA surprises me. This is a ridiculous decision. All I can think that happened was that they focused on the wrong thing as stressors.Not only is a TBI a stressor , but you have the CAR on your DD 214. I feel you should ask for a new C & P. The new 2010 PTSD regs focus on "fear of" and/or "close proximity to hostile activity". It is as likely as not you were in fear of and in close proximity to that activity. What did the C & P doc diagnose you with?    
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      Great! If they do award on this info, then time to consider a 38 CFR 3.156 claim to gain more retro, on the 2014 denial.... Did both denials say the SMRS had been lost? Are you still employed ,with the 80%?
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      In my past threads i posted that in 2014 i put in a claim for hip pain, and after x-rays and C&P was denied service connection.I did not put in a NOD. Fast forward to 2016. Put in claim for hip pain secondary to knee, sacroiliac joint and back arthritis. Two weeks later BBE came. Denied service connection,states lost med records.  Well after some fuming i gathered my evidence in my copy of my service medical records and made an appointment with my VA PCP. I showed her where in 1984 a had a bad auto accident that involved my entire left side.  After showing this to her i explained that i was denied service connection for my hip and asked her if she would write me a statement explaining that this could have resulted in my hip pain.  She said no problem!!  WOW. Ok  Went on e-benifits this morning and low and behold here is the letter.....  to whom it may concern vetern ------ is DOB- -------, is under ,my care since June 2011. Review of record shows , vet had a MVA in 1984, while in service, that affected -------  his left side, left knee, left side of back , & hip, His hip pain has increased since then x ray shows degerative arthritis, which in my opinion is as likely as not is a result of trauma to his left side including hip in 2008 while in service if you have any question or concern, please feel free to contact me /es/ SAROJ B SHARMA MD STAFF PHYSICIAN Signed: 05/02/2016 16:35.  I think that this should be enough evidence to include my emergency record of the accident that they conveniently lost to RE-OPEN my 2014 claim for service connection of left hip.  What do you guys think?  I just wish that everyone of us vets had a great PCP like i do that actually cares for us vets and will go beyond what is required to help....    
    • CUE? Not using SMR?
      I love it AskNod. Thanks for the input!!! I will talk to him about it today. I do appreciate the time you all put in to give us advice. It's priceless. 
    • Temporary 100% post surgery/convalescense pay
      Whats up guys, hopefully someone out there can help me out here. Ok I had surgery on my right knee (service connected) on 4-13-16 at the VA hospital in Phoenix. I applied for convalescense pay the day before which was 4-12-16. My surgeon wrote a statemwnt saying I would be out of commission for 8-10 weeks or more if "desired strength in leg is not met" how long does the VA take to process something like this? And my understanding is the VA doesnt pro-rate meaning my convalescent start date is 5-1-16 and for 8 weeks will that be from 5-1-16 until 7-31-16? I currently am at 40% so i get $699.36/month. With convalescense do they pay 100% per month (in my case its $3187) or will they pay one lump sum for both months? Thank you     Quote   Edit
    • Ankylosing spondylitis. Rheumatologist diagnosis
      Hi all. Got a good one for you again. I saw my rheumatologist today and was diagnosed with Ankylosing spondylitis. It affect both my feet and my right hand. Apparently this condition is related to rheumatoid arthritis and when i start treatment i will have to take shots for the rest of my life. I just got low balled at 30% for bilateral plantar fascitis which i just found out is related to to ankylosing spondylitis. My question is do you think i should file a claim and will this get services connected??? So internet research i have seen said RA is easier to get service connected but this is another new road i must go down so i would apperciate some Knowledgable feedback. This condition also affect my neck and back and i did have some back issues in my service medical records. Thanks all and i look forward to youtlr replies. 
    • CUE? Not using SMR?
      What I see missing here is any mention of 38 CFR 1154(b) Combat enhancement. VA did not give  him enhanced credibility in 1983. In fact, they didn't even mention it which they would be required to discuss by law (and then discount as not being probative). That is CUE. VA is required to take any testimony about his feet in the combat environment as Gospel. It's clear they had the STRs when they made the 1983 decision. Presumption of Soundness at entry on the physical sets the injury metric.  If he had flat feet when he left, then it occurred in service -38 CFR 3.303(a). If he says he got flat feet and he has a PH and CIB, VA cannot argue otherwise. Having proved CUE, all he has to do is show that the error manifestly changed the outcome. The 2015 grant is proof of that. The only thing that could poke a hole in this balloon would be an unappealed BVA decision which would have rendered the subject closed. No appeal up to the BVA on any of those reopens following 1983 means a CUE  claim is still viable for 1983 as well as any follow on denials in the interim. Personally, I'd go for it. I'd get an atty. because it's going to be a cat fight for that many dineros. Sorry about that sugar. Your email didn't mention the medals and the CIB. That's a whole different ballgame. Anyone who would die in combat for their country gets a bye on their testimony as being credible without corroboration. 
    • NOD / DRO or TARP?
      Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.
    • Dr Ellis IMO
      Thanks for the info Flores.  I actually called the clinic this morning.  I am in the process of gathering my records and will be sending them out hopefully by Monday.  They said that they are currently scheduling for the end of June, beginning of July.  The lady sounded very nice.  I am looking forward to meeting Dr. Ellis soon.   Good luck on your claim. Travis  

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Tinnitus And Secondary Claims

4 posts in this topic

I filed a claim for hearing loss, depression and or adjustment disorder and Ed,

I was turned down for every thing but the tinnitus.

I am now claiming the depression secondary to tinntitus that or any mental health issues and Ed all with new evidence and increase in medicine due to my tinnitus excaberating my depression as stated By a VA Doctor who examined me.

What are the odds on me getting tinittus secondary and even thouth I was turned down does the fact that I submitted new evidence go in my favor.

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I think it will be almost impossible, but if for some reason you get it there would be a stampede of vets following suit.

Cavman

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I filed a claim for hearing loss, depression and or adjustment disorder and Ed,

I was turned down for every thing but the tinnitus.

Congrats on your Tinnitus claim win.

I am now claiming the depression secondary to tinntitus that or any mental health issues and Ed all with new evidence and increase in medicine due to my tinnitus excaberating my depression as stated By a VA Doctor who examined me.

Good luck on this as I see it as a long shot of a claim - Depression secondary to Tinnitus.

As for a doctor stating anything - the real question is, what EXACTLY did the doctor

put in writing ?

What are the odds on me getting tinittus secondary and even thouth I was turned down does the fact that I submitted new evidence go in my favor.

Tinnitus as secondary ????

Did you intend to post Depression as secondary ??

If so I opinioned above on it.

Good luck with your goals.

carlie

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If the VA doctor says tinnitus aggravated your depression and gives a rational for it I think you have a good chance of having depression granted as secondary. That is basically what it takes to win a secondary type claim is a medical opinion. Are there other NSC conditions that could be responsible for your depression? The VA might try to hang their hat on NSC conditions to explain your depression, but your secondary claim sounds good to me. What many or most vets don't know is that any disability can and often does cause depression.

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