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    • ADodge, I am picturing you as the frog that choking the Heron that is trying to eat it! You just keep that death grip on the "Heron's" throat and don't let go!!! Semper Fi
    • Hi Everyone! First, thank you to everyone through March and April that helped me through the TKR and temp 100% process! At the advice of many here, my doctors, and my VSO I filed for 2 claims secondary to my right knee. I filed SC for my left knee because the doctors expressed concern over my left knee for a TKR before the right, at that time my right knee was the only condition that was SC'd so I did the right knee and currently I am on temp 100. At the end of April I filed for SC for my left knee and for my lower back, which are the conditions that have been noted by the VA doctor. I had my C&P at the end of May, my VSO says that the C&P notes are favorable to me (good news right)? Today I checked the claim to see where it was at and it says, Pending decision approval, and then in the information needed is says VA medical center by 8/29/16, I looked at upcoming appointments and it shows that there was one appointment requested today 7/30/16. There is no doubt that my left knee is connected to my right, I have compensated on my left for years due to the pain and awkward gait of my right to the point that I have a really bad gait on my left now, and very limited movement without alot of pain, which the examiner was very concerned about. My lower back, my back hurts in what I assume is due to walking so funny because of knees and limits my ability for bending and picking up items. I filed for my dependents to be added and that was completed in May, however at that time the didnt pay me for one month because my son (who's a college student) was on spring break, my VSO went back and forth and finally the rater agreed it should of been paid, so that does show as a pending disability. Could the pending decision approval be for that one month? Although when they were approved and added  as a dependents they were not a claim for disability it was a dependent claim and didnt really show up underclaims, and there wasnt away to see the status of that the way there is to see the claim for disability. SO there was no pending decision approval or notification status for dependents at all??? How can I possibly be at pending decision approval with another request for what I am assuming is a C&P? Does this mean that they have decided on one of the conditions and wants more info for another? Is it possible that it will stay in pending decision approval until they receive the 2nd C&P results? Or is it probably in approval for the 1 month they didnt pay me on my dependent?
    • ADodge, i am keeping you in my prayers!  I pray your cancer goes into remission permanently! what have you heard regarding your appeal for an earlier eed for asthma?      
    • Part of      M21-1, Part III, Subpart iii states: To create a new Block e with guidance for submitting requests to the Joint Services Records Research Center (JSRRC). To specify that follow-up requests to JSRRC must be completed by a Military Records Specialist (MRS).   This makes me think it might be their second request (follow up) or that they never requested the info in the first place. http://community.hadit.com/topic/48901-jsrrc-contact-info/   I strongly suggest that you contact JSRRC yourself and it might be possible to even contact the person who the VA sent the request to. I do not trust VA to properly make these JSRRC requests sometimes. I just read a BVA remand whereby the VA forgot to put the veteran's unit into the request, holding up that claim, AGAIN. "how can they deny my first claim of they didn't already review them?" If they didnt review them ( and they dont appear as Evidence on the denial,) there could possibly be a CUE in that denial , possibly ...the main problem is getting the pending claim resolved favorably first.                    
    • Well that makes sense. I'm about to lose my cool with those gd QTC ladies. They just talk out of both sides of their mouth, and make it look so easy. How do you "ALWAYS ask that all my issues are taken care of through the VA."? Thanks!





rickj55

Abestos Lung Desease And Copd

11 posts in this topic

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

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If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Here is the reg you need to use: That decision was flawed.

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D11IwLA1

Basser

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Good Luck. My husband is on oxygen therapy on exertion and at night. He has pulmonary fibrosis and was exposed to agent orange. He also has Asthma. I wish they would recognize this. They did the IHD with AO, but not the lung disease.

Can you apply for Asthma with an agent orange connection?

He has also applied for PTSD. I have seen somewhere that some have said that there might be a link between Asthma and PTSD, but I really do not know.. It was not on this site, I do not think.

Mrs. Rockman

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Asthma is a lung condition. This is a question of the following?

The Veteran in this case has a service connected lung condition and another lung condition non service connected. They took away half of the rating because they decided they could. Well, they cannot do what they did to this vet.

You may be able to file a claim for the asthma aggravating your husbands IHD. Check into it.

Hope this helps.

J

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John can you expand on that?

Are you saying the lungs are a paired organ?

This vet must fight this decision-they are probably saying the COPD and any lung problems are not related but the VSO is right- they are "inextricably interwoven." ( COVA legalize) and the asbestos disability Must be aggravating the COPD unless somehow the COPD was diagnosed prior to the asbestos Problem???

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