vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,127
    • Most Online
      3,604

    Newest Member
    biorob
    Joined
  • Forum Statistics

    • Total Topics
      61,596
    • Total Posts
      397,490
  • Posts

    • This may not be on this subject but just thought I'd toss it out there for the vets that don't know? As for as ANY dealings with the VA  On anything  its always best to get your self  a date stamped from the VA Employee's TO SHOW YOU WERE THERE YOU TRIED TO GET WHAT EVER No matter what the cause make sure you get proof for yourself that you were there no matter what the cause. It could very well come in handy for you down the long road of VA Appeals. if you work your claim yourself   its good to have your VSO date stamp your documents you send the VA Before you send them in.  or another example Even if you had an appointment to go see your C-FILE at your R.O. and they can't seem to find it and ask you to just come back next week  or what ever excuse they give you...be sure and get them to get you a form and have them to date stamp that form to show you reported for your Appointment on that date and they could not locate your C-FILE..These little things could sure prove to be worth your time a trouble later on. jmo ....................Buck
    • Just to post an update, I submitted my claim in May and was awarded 30% for IBS-D with an effective date of June 2015, which was the date i submitted my intent to file.    My total is now 60% service connected.
    • I believe your correct Ms Berta   after NOD one year time limit runs out  the claim is closed out  and only if the veteran him/her self can show'' good cause'' will the VA take note and its up to their digression to continue with the claim. (usually a medical emergency is ''good cause''
    • A Good Read About VCAA. Maybe it will help fellow Veterans understand it better! http://www.bva.va.gov/docs/VLR_VOL3/6-GriffinAndJones-VCAA-TenYearsLaterPages284-321.pdf .............Buck
    • I guess my reply was not clear.Please correct me if I am wrong. If one does not file a NOD in time, that claim is considered over and done with.Unless they can get the VA to reconsider the untimeless for " good Cause",like if the veteran was suddenly hospitalized prior to the NOD deadline-that might work. That info is in M21-1MR. Maybe a lawyer Could help with that type of claim for "good cause"...I dont know..... If a veteran can reopen the claim with new and material evidence, and then get denied again they can obtain a lawyer who might even prepare the NOD themselves. Chris Attig is a member here and is a Great veteran's  Attorney. It would have helped if you had posted the rest of his article. The key word is Pro Bono and what would they be representing you for? An assumption that the claim will be denied? Have you contacted Chris ? He is very user friendly and might be able to help you prove the NOD was not filed timely due to "good cause". I have an appeal for the BVA  on the 'good cause' basis which the BVA may or may not address ( this is a small issue, as my appeal involves a bigger more important issue)as it seems to have been denied in the CUE award I am appealing. My NOD was certainly filed in time. That is not the issue. The issue I raised is that when VA makes a CUE (Clear and Unmistakable error) in a decision,and does not correct it,when challenged, even if the NOD is filed in time, the time frame of the NOD should be extended for 'good cause' because the claimant is filing a NOD on a decision that contains an erroneous legal error to their detriment, and the 'extention' of the NOD time frame would help VA have more time to correct the specific error; thus  the claimant can file the NOD on a legal decision without legal error.   Feel free to share my comments here with Chris.His info is correct. But your problem is not a legal issue. It is the "nexus" factor. In my opinion.   "A Veterans Benefits attorney can represent a Veteran before the filing of a Notice of Disagreement(in an original claim) on a pro bono basis only There is one exception – and these cases are getting more and more rare: If your claim was denied by the VA prior to June 20, 2007, an accredited agent or attorney is only permitted to charge fees for services after the Board of Veterans’ Appeals issued a first final decision in the case. Now, this begs the question: can you hire an attorney help you BEFORE the VA denies your claim? Yes, you absolutely can. But the attorney cannot charge you a fee." (source...above link in prior post from Chris Attig's site.                            





Sign in to follow this  
Followers 0
deyjason

Ibs Rating Information

12 posts in this topic

Okay, I currently have filed a NOD and waiting for a DRO hearing for my IBS rated at 0%. I do not know what is required and don't have experience and was wondering if anyone could help me out. The rating schedule says:

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):

Severe; diarrhea, or alternating diarrhea and constipation, with more

or less constant abdominal distress..................................................................... 30

Moderate; frequent episodes of bowel disturbance with abdominal

distress........................................................................

........................................ 10

Mild, disturbances of bowel function with occasional episodes of

abdominal distress........................................................................

........................ 0

But what is more or less? What is frequent? What do I have to show. This is very generalized and seems like there is too much room for interpretation..

My condition was already service connected and C & P says I have daily episodes of diahrea with abdominal distress. Which occur 1,2, or more times a day. That atleast sounds frequent to me.....Any advice or experience with this type of claim would be greatly appreciated.

Share this post


Link to post
Share on other sites



Okay, I currently have filed a NOD and waiting for a DRO hearing for my IBS rated at 0%. I do not know what is required and don't have experience and was wondering if anyone could help me out. The rating schedule says:

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):

Severe; diarrhea, or alternating diarrhea and constipation, with more

or less constant abdominal distress..................................................................... 30

Moderate; frequent episodes of bowel disturbance with abdominal

distress........................................................................

........................................ 10

Mild, disturbances of bowel function with occasional episodes of

abdominal distress........................................................................

........................ 0

But what is more or less? What is frequent? What do I have to show. This is very generalized and seems like there is too much room for interpretation..

My condition was already service connected and C & P says I have daily episodes of diahrea with abdominal distress. Which occur 1,2, or more times a day. That atleast sounds frequent to me.....Any advice or experience with this type of claim would be greatly appreciated.

What I recommend is finding out the symptoms of IBS from the internet then if you get another exam from your NOD over state your symptoms maybe they will get the point.

Good luck,

Bergie

Share this post


Link to post
Share on other sites

deyjason I have IBS rated at 30%, you need to tell your doc what you stated, about having daily episodes of diarrhea with abdominal distress occur 1,2, or more times a day. That would be

Severe; diarrhea, or alternating diarrhea and constipation, with more

or less constant abdominal distress..................................................................... 30

Just make sure your doc states it on the records and you get a cope and send it in with your NOD, at least you got serves connected at 0% does not sound like a lot but that is the hard part some times, it will take time but don't give up. I hope it work out for you, if you have any questions just ask.

Ken

Share this post


Link to post
Share on other sites

Get a copy of your exam if you haven't already. If it's quoted in there by the examiner that you are having multiple episodes every day with abdominal distress or stomach pain file a NOD, send in the IBS rating schedule, and type up a small letter letting them know that was not the correct rating according to the rating schedule. By what your examiner told you it looks like they lowballed you taking a chance you wouldn't appeal it.

Jay

deyjason I have IBS rated at 30%, you need to tell your doc what you stated, about having daily episodes of diarrhea with abdominal distress occur 1,2, or more times a day. That would be

Severe; diarrhea, or alternating diarrhea and constipation, with more

or less constant abdominal distress..................................................................... 30

Just make sure your doc states it on the records and you get a cope and send it in with your NOD, at least you got serves connected at 0% does not sound like a lot but that is the hard part some times, it will take time but don't give up. I hope it work out for you, if you have any questions just ask.

Ken

Share this post


Link to post
Share on other sites

Is constipation a symtom by itself or does Diareha need to part of the total problem.

I am comstipated most of time, I tract my bowel movements, because if don't move it seems to irritate my prostate, then the uncontrollable uerination. My question is the constapation, sometimes 7 days or more without much movement.

Share this post


Link to post
Share on other sites

I think it can go either way but you probably could help yourself out a lot by taking a stool softener.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0