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How to Get your VA C-File


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    • IME and Physician conflict of interest
      Instead of continuing a thread that dealt with CUE and beating a dead horse I thought it wise to start a new thread. In the pursuit trying to fixed my messed up claim I finally have found a physician that does IMEs Here is how he responded to my email explaining my situation: <...> "I read your email. It does sound like you could use some assistance.  A bit about myself. I do perform IMEs for civilian cases but I am also employed by a company that is contracted by the VA to perform similar disability assessments. I will have to check with my employer to see if your case presents a conflict of interest." <...> Of, all the flipping luck!!! I responded and explained further my situation. Hopefully he responds soon. That said, I need any advice possible on what I should do next.  I know this could be a blessing or this could be a curse, I don't know which...
    • Gulf War undiagnose illnesses and Chronic multisymptoms
      http://www.ngwrc.org/docs/2016 SelfHelp Guidedraft.pdf    this is a really good resource.  read it.
    • Should I file a CUE or leave NOD in place?
      Peggy is the name of the Eastern European accented dude on that tv commercial, someone calls a service center for some issue, and he answers the phone "Hello this is Peggy" or something like that. Semper Fi.
    • VSO
      E-Benefits never seems to have the most correct status's for claims. A lot of the time, it is just wrong.  I am a CVSO, I log into the systems and in SEP or VVA, I can see who looked at the Efile last, where it is, and what is going on. I will NEVER be able to tell you anything, when it comes to a timeline as the VA has no timeline.  As a CVSO, I advise and assist. I don't work at the VARO, so I cant speak for the VSO's at the VARO's but the AL, VFW and DAV folks there are very much so overworked. Many of them are great but if you want someone who can dedicate 20 or more hours on just your claim, you need to go to a CVSO or someone else. They don't have the time to dedicate that much time in one sitting and as such, it takes a long time to get all of the research done.  2. MOST vets just bring us a page or two OR several hundred pages of medical records and say they want to file a claim for something and they left the service more than 20 years ago. AYFKM?  You want ME to do ALL of the work?  These claims, I will sit on. I will work them when I can.  YOU as a vet, should go through your medical records and pull out the pages that are pertinent to your claim. You should also go ahead and already have/have requested the records from NON VA care. I cant start your claim and then wait for you to get them...whenever... and then dedicate all sorts of time finishing it. Bring me something at least partly done. This will save me considerable time. You know your injuries and what happened in service far better than me. I will never put less than my maximum in claims preparation. However, if your claim requires a weeks worth of labor, it might take a while as I have TONS of other things to do as well. You are your best advocate but you also need to be responsible for your stuff as well. NO VSO knows everything....we are trained in most things. the rest, we learn as we are exposed to it. No two claims are identical and require significantly different things, even if both are 'ischemic heart disease' they will still have everything else different. Yes, some VSO's are better than others and the good ones have stacks and stacks of files on their desk and in their drawers. If you want an excellent claims prep, you need to do some of the busy work yourself first. We can look at what you have and help by making changes and telling you what you should find or how your doc should write your nexus or current diagnosis letters. But your doc and I cant talk about you to each other. This is where you need to take charge.   Your successful claim is just as much your responsibility and time as it is your VSO's. If you have unrealistic expectations, ie. they will dedicate ridiculous time to you alone, then you already lost your claim. am I a jerk..yes. Do I sit on some claims? yes. they take time and with a 0966 filed, I have a year to get it in. Will I put best effort into your claim? YES!. Can you, the vet, help? You MUST...     I'm good, I get claims passed (~60%). BUT...Many are denied. I can only send in what you give me. If you give me garbage and expect a miracle, you will be disappointed.
    • Mental Health C&P
      Thanks to all of you for your input.  I am really grateful.  As an update, I had my C&P yesterday.  The Dr had a copy of my evaluation that I had when I was seeking a diagnosis for my chronic pain.  The Dr back in 2012 did tell me that she did not think my pain was all in my head.  What she failed to tell me was that "the patient is suffering from depression and anxiety and should begin treatment.  Will follow up with her in 2 weeks".  I was never told to schedule an appointment or that I was suffering (in the clinical sense) from anxiety or depression.  I never went back to Mental Health and I definitely would have if I had been told.  I guess that is neither here nor there, but, I suppose that is my service connection right there.  The Examiner also told me that I should seek therapy which indicates to me that he thinks I am still having some difficulty with life, etc.   As far as his questions go, there was a pretty in depth framework he was required to follow with specific questions.  He was really open and empathetic.  He stated up front that it wasn't a therapy session and that I might feel rushed.  He also said that he would move on the next question once he felt he had enough info to answer one.  He also said he wanted me to feel heard, so if I had more to add that I needed to assert myself and make sure I told him.  He did start at birth and moved forward from there.  Asked about my family unit growing up. If I suffered any abuse?  If I could maintain social relationships?  He asked how school was for me both socially and academically.  He asked about my deployments and about my current family situation.  He asked how many children I have and what # marriage I am on.  It was a rather in depth interview.  At the end, he asked if I had any other symptoms or information to add. He also gave me the opportunity to ask him questions about the exam.  
    • Fully Developed Cue
      There are no in service treatment records of bipolar disorder.  My first hospitalization for it was 5 months after discharge.  PTSD is the only way to service connection because of it being presumed.  Direct SC for bipolar would be a hard fight indeed.
    • Sleep Apnea Granted
      Because if one of us dies from SC in our sleep and its not service connected our spouses do not qualify for DIC. We are well aware that our other claims are subject to scrutiny but once they have been SC'd once its a lot harder for the VA to reduce without evidence, even without any protections- they still have to produce medical rationale to justify a reduction.      CAS  
    • Sleep Apnea Granted
      Most of you responding in the comments that are saying that this is great news, how you want to get your Apnea SC'd are all already reporting that your at 100%.  WHY???? Your at 100% already. Leave it alone else you run the risk of losing that rating. By filing a new claim, unless your at the 20 year protection, you run the risk of EVERYTHING being re-evaluated and reduced. You can't get more than 100%. Yes, there are some special schedulers out there, but unless you are missing limbs or eyes, ED is about the only one you should ask for. For those at less than 100%, it might be worth pursuing, but my warning applies to you too. You file a new claim, you run the risk of a reduction. I assist vets as a job. yes, I'm 100% and working. I would get fat and more lazy and then die a quick death if I didn't work, and by work, I sit on my butt behind a computer. I see reductions all of the time. PLEASE...think before you file, then file smart.
    • Bells Palsy
      I have documented evidence in my service medical record that I had numerous episodes of Bells Palsy while I was in service and the VA denied the SC!!! Their reasoning is that I did not have any residual effects from the from the Bells Palsy episodes... WTF!!! How can I be denied for something that was CLEARLY evident in my medical records and is evident on the right side of my face as being a little bit droopy!!!  But, anyway I also filed a NOD in Feb 2015 to appeal the decision (still waiting on the VA) and I sought and got a medical exam for the condition. The neurologist performed the medical exam and he stated that the results of the neurology test does show that there is some residual effects still present from the Bells Palsy. Which is what I thought because you will never completely recover from paralysis on one side of the face and I don't know how the VA don't know that! Will the VA SC me for based on the Neurology test or would I have to get a nexus letter from him to further substantiate my the bells palsy condition? Any information will be helpful in determining what my chances are with getting SC.
    • Confused --- what am I covered for?
      Hi, new to the forums. I wish I had know about this before I filed my claims. Anyway, I have chronic shoulder and neck pains that are documented in my medical file. I got denied "service connected" on it and now I'm wondering if I can still get 'help' from the VA or do I need to go to a private medical insurance. I'm a twice deployed OIF vet and I was told I had 5 years after discharge for coverage. The VA representative said that 5 years applies to ANY symptom -I- think is service related. Also, I'm rated in 'Priority 1', does that mean I get coverage without co-pays for ANY condition or only conditions that are service connected? Basically, ten years down the road, can I still go to the VA for my shoulder/neck pain as a priority 1 patient or am I out of luck? Do I still have a co-pay? I plan to appeal the neck and shoulder pain. I'm actually quite shocked it was denied. The examining doctor acted like I was making it up but I was getting treatment for it for 6 years before I was 'involuntary separated' due to force reductions. So my plan was to go 20 years and I wasn't even aware I could get VA disability payments until the mandatory VA briefings I had to attend. Thanks in advance.    

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Reddit

Bronchitis

4 posts in this topic

In Rating Decision August 31, 2010, pertaining to Service connection for Bronchitis stated that:

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Your service treatment records show treatment for bronchitis in May 1989 and September 1989. You were also seen for resolving bronchitis on February 15, 1991. Medical evidence showing a chronic condition of bronchitis has not been received.

A disability which began in service or was caused by some event in service must be considered “chronic” before service connection can be granted. Although there is a record of treatment in service for bronchitis no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore, service connection for bronchitis is denied since this condition neither occurred in nor was caused by service.

I Factual Background

Service medical records indicate that I (the veteran) was treated on several occasions for complaints related to problems bronchitis.

1. Jan 21, 1989, noted a follow –up on (SIQ) for diagnosis of "bronchitis and sinus".

2. May 9, 1989 I was treated for “viral gastroententis /viral syndrome /complicated by bronchitis”.

3. July 9. 1989, I was treated for “bronchitis” (SIQ) for another 72 hours

4. Sep 06, 1989, I was treated for “bronchitis” and resolved “VGE”(SIQ)24 hours

5. Sep 07. 1989. Recheck “bronchitis

6. Feb 11, 1991, I was treated for “bronchitis and pharyngitis” (SIQ) 24 hours

7. Feb 12, 1991, follow-up for “bronchitis”(SIQ) 48 hours

8. Feb 14, 1991, resolving bronchitis/meds induced gastritis (SIQ) 24 hours

9. Feb 15,1991,resolving bronchitis

10. Jan 11,1993, Sino bronchial Infection

11. Jan 12,1993,URI with PND(Sino bronchial) with nausea/vomiting (SIQ) 48

12. Jan 14, 1993 slow resolving “Sino bronchial infection”

Almost every time that I was diagnosis with bronchitis I was incapacitated (bed rest and treated by a physician) at least 24 hours or more.

Military treatment records for the period September 1993 thru December 1997 cannot be located.

There is a statement in my C-_file said that it is “fruitful to look for them”

1. March 30, 1999, I was seen at Palmyra Medical Center, Albany, GA, for Bronchitis

2. April 05,199, private doctor, Dr. Grady Thompson, MD, diagnosis (1) Bronchospasms, (2) Post influenza Bronchitis vs. Pneumonia, follow-up 7-10 days.

3. April 05, 1999, seen at Palmyra Medical Center for Difficulty Breathing was given Nebulizer treatment times( 3) per Dr. Mankin per Dr. Grady Thompson(see respiratory care notes)

4. April 19, 2000,Palymra Medical Center, Albany, GA diagnosis Acute Sinusitis

5. November 01, 2001, Dr. Grady Thompson seen for respiratory infection(FLU) bed rest for 5 days

6. November 05, 2001, Dr. Grady Thompson for follow-up on flu returned to work

7. December 25, 2001, Phoebe Putney Memorial Hospital East Clinic, Albany GA for cold and sore throat

8. January 7, 2002, I was seen by private physician Grady Thompson, MD. 1107A Eighth Avenue, Albany, GA 31701 for “Asthmatic Bronchitis” out of work from January 6, 2002 thru January 22, 2002. Medication that I receive was antibiotic, antitussive and bronchodilators

9. May 4, 2003, seen at Medical Associates of Albany, GA for Bronchitis and URI

10. January 21, 2004, Dr. Grady Thompson, Albany, GA , for flu, bed rest for 3-4 days

11. March 22, 2010, seen at Medical Associates of Albany, GA diagnosis Bronchitis

12. October 4, 2010, seen at Medical Associates of Albany, GA diagnosis sinusitis

13. October 29, 2010, seen at Medical Associates of Albany, GA diagnosis, Allergies, Migraines ,

In order to establish service connection for a claimed disorder, there must be (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999).

Analysis:

With respect to Hickson element (1), private medical evidence reflects a diagnosis of bronchitis. Element (1) has therefore been met.

Moving to Hickson element (2), in-service incurrence of disease or injury, during the veteran’s active service she had several documented episode of bronchitis from Jan 1989 thru Jan 1993.

As to crucial Hickson element (3), medical nexus: the veteran did not have bronchitis prior to her military service, she had bronchitis in service, and continue to have bronchitis symptomatology since service. See 38 C.F.R. § 3.303(b). There is no medical evidence indicating that the Veteran’s current bronchitis began after active service.

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Reddit,

Reads to me that SC for Bronchitis was granted - is there a question you have ?

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i am sorry Carlie, I should of delete that last statement. No, it was denied, i was getting ready to send this back up, for a appeal. sorry to confusion you. I think this shoulb be good for 10 percent or 30 percent

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Showing treatment for it while in Service is only one part of what is needed. You need a current diagnosis and a Doc's opinion that links to your service. If you have been out for a while showing treatment for it can also help your claim.

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