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    • Sleep Apnea Claim
      Thank you. Ha....when I retired I had to stand in front of a copy machine and make my own copies. A disk would be great.
    • Reserve/End of contract
      Hello All, Need some suggestions, I served on Active Duty for 9 years and then joined the reserves before my contract ended. I have now been in the reserves for 4 years.
      I was artillery during my AD time and it was frowned upon to go to medical for anything, I smashed my hand between the garage door and the howitzer pushing it out and was told not to go to medical. Finally after a week, I went to an off base urgent care facility and found that I had fractured two bones in my hand and they put a half cast on my pink and ring fingers and going up my hand. Well I received a page 11 for not following an order, so that was my wake up call into the unit. Going forward I rarely went to medical and I have had many injuries since. I deployed in 06/07 and in 09 and after returning home my wife started saying I was choking in my sleep, so I went to my family doctor at the time outside Quantico (no longer a doctors office) and was prescribed a CPAP machine. I used it for about a year and some change and left the military to go back home. I began the lengthy process with filing a claim with the VA only to be denied. I am now currently in the reserves which is no better, I injured my back when I was in Iraq falling from a wrecker and at the time I was on 800 mg ibuprofen about 6 times a day. I did something to my back again in 2014 during a training exercise to the point I could not move, the unit has now been going back and forth with RMED since 2014 and still has yet to come back with approval. I have been going to the VA for appointments and having them take a look at my back since orthopedic/physical therapy through civilian care is killing my pockets. My military medical records are MIA and I never made copies. I have a copy of my original sleep study but it does not show the actual study it just gives the doctors narrative and what he prescribed at the time. I originally started going to the VA for counseling sessions for PTSD/in service stress but stopped due to the issue with service connection PTSD causing issues with security clearances and other issues and at the time I was serving on the police force in a local town. Is there anything I can do currently that will help with submitting my claim, should I get my current VA doctor to recommend anything, or should I find a good doctor on the outside of the VA? My back pain is probably the biggest factor and now is causing a lot of issues with my knees. I also have high blood pressure, I am still fighting with sleep issues. I have little documentation from doctors but do have a decent record with my chiropractor over the past 4 years since moving back home. Any suggestions will be greatly appreciated. Thanks
    • My husband died in motorcycle accident
      From what I can tell here, the retro DIC would go back to May 2010,the month he died in  and when the 21-534 was filed.
    • Back Pay?
      A Dickerson, I have never heard of VA calling to ask for your bank account number because that information is considered personal. I have heard of VA sending you a letter telling you they need you to confirm your account information and bank information, routing number, etc. These days you can't trust the person on the other end of a phone. Did they give you there service code number. It just sound like something VA wouldn't do with all this identity theft stuff going on. If you haven't already I would call the 800-827-1000 number and confirm someone did call you from VA. Call me paranoid  
    • My husband died in motorcycle accident
      page1006 This may help you? or Confuse the heck out of you, I'm sure MsBerta will know. Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release. (2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application. (B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation. (C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act. (3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date. (4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran. (B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled. (c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. (d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred. (e)(1) Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date. (2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 1311(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date. (f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action. (g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier. (h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year. (i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits. (j) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased. (k) The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed. (l) The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination. [(m) Repealed. Pub. L. 103–446, title XII, § 1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.] (n) The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of a child shall be the date of such event if proof of such event is received by the Secretary within one year from the date of the marriage, birth, or adoption. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3010; Pub. L. 87–674, § 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–825, § 1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91–376, § 7, Aug. 12, 1970, 84 Stat. 790; Pub. L. 91–584, § 13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–177, § 6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 93–527, § 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94–71, title I, § 104, Aug. 5, 1975, 89 Stat. 396; Pub. L. 97–66, title II, § 204(b), Oct. 17, 1981, 95 Stat. 1029
    • C&P Exam Completed [Bad Vibe]
      Arng I'm already S/C for these conditions. I was being evaluated for an increase.   buck I've also heard the work up can be found on mhv shortly after. I will try this too. 
    • My husband died in motorcycle accident
      I'm only guessing but I would say the date your hubby filed his claim, DIC maybe different in this type case, but if you win out I think it would be the date he filed  but I'm not sure? Ms Berta will know. ..............Buck
    • My husband died in motorcycle accident
      I have one more question...if my son and I do receive any benefits would it be starting from the day my husband filled his claim, the day he passed or the day I filled? 
    • Sleep Apnea Claim
      Honestly, I am not sure.  I received a disc when I retired, so...I have not requested them from St Louis, I cannot say.  Many here have had experience with this, so I would wait for one of them to chime in.  Good luck!
    • Sleep Apnea Claim
      EODCMC,   Aug-Nov is the same timeframe they guesstimated me at also, so maybe before, maybe after, Who Knows!!!  Just hang tight and don't submit anymore information or your claim will revert back to an standard claim. 

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Cavman

Tinnitus, Gerd, Insomnia Claims Help Needed

17 posts in this topic

Has anyone filed for these claims and how is the c & p. I have filed the gerd/barretts and insomnia secondary to ptsd. The tinnitus is something I`ve had for many years and never realized a claim could be filed until finding Hadit.

Cavman

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If they gave you a hearing test it was NOT for TINNITUS. There is no hearing test for TINNITUS. I just had a C&P for TINNITUS Jun 06 at the VAMC and it consisted of just an oral interview that lasts about 5 minutes at the most. They review your service records and some oral questions and that was it. The C&P examiner wrote in the report "It is more likely than not the onset of Tinnitus occurred from military service due to exposure from military noises." Two other of my vet buddies recieved their 10% ratings almost a year ago and they never had any hearing tests for tinnitus either. If you were a combat veteran you should have no problem getting tinnitus awarded unless you were in a job where loud noises were prevalent or does a lot of hunting with firearms or shooting sports since being in combat. Then they will try and blame the tinnitus on your civilian work as in a foundry or shooting sports, etc.

I also filed a claim for Barrett's Esophagus in Mar 05 as initial claim. I have had C&Ps for everything but that, I did furnish the IMO by my gastroenterologists that has been treating me doing endoscopies and prescribed medication. My claim has been at the rating board since 28 June 06 and hopefully I will receive a rating decision this October. Today begins the 19th month I have been waiting.

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Cavman, for my tinnitus claim I had an IMO from an Audiologist that the VFW SO recommended saying "it is as likely as not that the military noise exposure was a factor that Tinnitus started in the service". My wife had insurance and the exam was covered. I calibrated artillery in Viet Nam so noise exposure was a given. I also sent in a tape recording I made to my wife in 1969 that was full of explosions from the artillery in Dong Ha. Also my Service Medical Records showed hearing loss from entrance of the service till my discharge exam.

Evidence and proof is what is needed to get claims approved. Good Luck! Terry Sturgis

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Cavman -I assume that means Calvary and I also assume as others said- that you were exposed by MOS to high levels of noise in service.

GERD, Barretts Esophagus, and insomnia can be found secondary to PTSD, There are cases at the BVA that show how this was done.

In every case however, clear definitive medical opinions that showed the association between these conditions and PTSD were needed.

All C & Ps for these conditions are here:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

This is one of many GERD found secondary to PTSD claims at the BVA:

http://www.va.gov/vetapp05/files5/0534284.txt

"ORDER

Service connection for gastroesophageal reflux disease (GERD)

as secondary to PTSD on an aggravation basis is granted."

"AGGRAVATION" -something a claimant should not overlook with many disabilities at issue- I posted what type of claim this is here in the past-

In this above decision this is how the BVA puts it:

"As noted, in between are several opinions that support of the

notion that the veteran's GERD has, at least to some as yet

unquantified degree, been aggravated by his PTSD. Thus, the

Board finds that the evidence is at least in equipoise"

When a non SC disability is "Aggravated" by a SC disability-secondary SC is warranted.

I posted 1-2 insomnia claims at hadit last week.

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Cavman -I assume that means Calvary and I also assume as others said- that you were exposed by MOS to high levels of noise in service.

GERD, Barretts Esophagus, and insomnia can be found secondary to PTSD, There are cases at the BVA that show how this was done.

In every case however, clear definitive medical opinions that showed the association between these conditions and PTSD were needed.

All C & Ps for these conditions are here:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

This is one of many GERD found secondary to PTSD claims at the BVA:

http://www.va.gov/vetapp05/files5/0534284.txt

"ORDER

Service connection for gastroesophageal reflux disease (GERD)

as secondary to PTSD on an aggravation basis is granted."

"AGGRAVATION" -something a claimant should not overlook with many disabilities at issue- I posted what type of claim this is here in the past-

In this above decision this is how the BVA puts it:

"As noted, in between are several opinions that support of the

notion that the veteran's GERD has, at least to some as yet

unquantified degree, been aggravated by his PTSD. Thus, the

Board finds that the evidence is at least in equipoise"

When a non SC disability is "Aggravated" by a SC disability-secondary SC is warranted.

I posted 1-2 insomnia claims at hadit last week.

Probably means "Cavalry." Newscasters mispronounce it all the time.

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Yes, Cavalry. Served in the 6th, 7th and 11th Cavalry. Ft. MEADE, kOREA & Nam/Cambodia.

Cavman

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History is resplendent with great Calvary men-

Alexander the Great, Stonewall Jackson, and General George S. Patton-

I bet your Units have web sites-

were you Blackhorse in Vietnam?

http://www.blackhorse.org/blackhorse/unitinfo.html

I have a very good friend who was Blackhorse in Nam. He is my AO vet with 1151 ,2 PHs and AO cancer.

Fort Meade -question Cavman- my daughter worked at Fort Meade in the USAF (INTELL) and is at NSA now- I think they made Fort Meade to be considered now as part of Washington DC but cant remember where I heard that. Have you heard that?

Check this out men and women- right after 9-11 for some reason I wondered if the whole lay out of Fort Meade was on the internet- guess what it was!

I was shocked. My daughter had just been suddenly transferred to the Battle Staff on 9-11 and she could not believe that the internet held a complete detailed map of the Fort.

I hesitate to even see if this map is still on the net.

Edited by Berta

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Ft Meade was all Army when I was there in 1971. I did stop there a couple years ago and got permission to go on base by persuading some e-5 that I had been stationed there years ago and would love to drive thru once more in my life. After hesitating a few minutes he gave in. I did think kina shaky security.

Yes, I was 11th Cav Blackhorse from late 1960 thru 1970. MOS - 11D. I walked point for 6 months, so never think the cav is strictly infantry tracks etc. Was your vet there the same time as me? I was E-Troop. As you know I also have a stage 4 tonsil/lymphnode cancer and would like to know what he has. By the way Berta, my cancer doesn`t fall under any soft tissue cancers either. My surgeon thinks it`s so stupid tonsil isn`t recognized when the dioxins had to travel thru the throat and over the tonsils. Probably, one day it will be on the list when I`m in the crypt.

Cavman

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I served in tha Air Cav and I have tinnitus in right ear. I asked for service connection was never given a C&P and denied in 1998.

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Yeah- I think he was there in late 1960s or 1970s-he has Non Hodgkins lymphoma-an Agent Orange presumptive. I think he was near An Loc-will check with him on that---

CAVMAN I would continue to keep the tonsil claim open if I were you- in any way y0u can- we dont know what the future will bring if more conditions are added to the AO presumptive list.

I feel you have a good chance to get secondary SC to PTSD for many of your other conditions-it will still boil down to medical evidence of a nexus- and there are those awards at the BVA that show what I mean.

I wonder- are you positive your DD 214 reflects all of your awards and decorations?

Have you ever requested a DD 149 to see if they are all there?

Here is the form -just put Not applicable to the "injustices" part and tell them you just want to be sure your DD 214 is correct and if not would they issue a DD 215 to you.

Many Vietnam vets I know, by using this form, found they had awards or decorations that were not on their DD 214s.

dd0149.pdf

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I remember Blackhorse used to have a unit at BearCat. I saw them there in their tracks. The guys lived in those things as hot as it was they must have been like ovens.

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History is resplendent with great Calvary men-

Alexander the Great, Stonewall Jackson, and General George S. Patton-

I bet your Units have web sites-

were you Blackhorse in Vietnam?

http://www.blackhorse.org/blackhorse/unitinfo.html

I have a very good friend who was Blackhorse in Nam. He is my AO vet with 1151 ,2 PHs and AO cancer.

Fort Meade -question Cavman- my daughter worked at Fort Meade in the USAF (INTELL) and is at NSA now- I think they made Fort Meade to be considered now as part of Washington DC but cant remember where I heard that. Have you heard that?

Check this out men and women- right after 9-11 for some reason I wondered if the whole lay out of Fort Meade was on the internet- guess what it was!

I was shocked. My daughter had just been suddenly transferred to the Battle Staff on 9-11 and she could not believe that the internet held a complete detailed map of the Fort.

I hesitate to even see if this map is still on the net.

Breta - Calvary is a religous/Christian term. Cavalry, refers to the horseman, helicopters and armour in the military.

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Yeah- I think he was there in late 1960s or 1970s-he has Non Hodgkins lymphoma-an Agent Orange presumptive. I think he was near An Loc-will check with him on that---

CAVMAN I would continue to keep the tonsil claim open if I were you- in any way y0u can- we dont know what the future will bring if more conditions are added to the AO presumptive list.

I feel you have a good chance to get secondary SC to PTSD for many of your other conditions-it will still boil down to medical evidence of a nexus- and there are those awards at the BVA that show what I mean.

I wonder- are you positive your DD 214 reflects all of your awards and decorations?

Have you ever requested a DD 149 to see if they are all there?

Here is the form -just put Not applicable to the "injustices" part and tell them you just want to be sure your DD 214 is correct and if not would they issue a DD 215 to you.

Many Vietnam vets I know, by using this form, found they had awards or decorations that were not on their DD 214s.

I was in An Loc a few times. We worked Tay Ninh Province along the Cambodian Border. Give he his last name if you can, maybe I know him or tell me what state he is from and maybe I can guess.

There are two citations not listed in my DD-214 and they are a Vietnamese Cross of Galantry and citation for Bravery. I don`t think they would help my claims so I really don`t care if they show.

The cancer will probably get me before it is ever listed as AO caused. I do have a lawyer friend that would take it to the Supreme Court if needed, but I don`t think I can win it. Seems almost funny to see these words and me acting nonchalant about them (cancer). It is still almost like a bad dream, going from being the life of the party and feeling good on Thursday and being told on Friday you have cancer really bad. Enough harping about it. I was in shock that day, but have somewhat accepted it although it does piss me off that I`m sure I sacrificed my life early for the war. Even if God allowed me to survive for years the treatment has damaged me so bad that the quality of life sucks. BUT I`M DAMN OK!!

Berta, do you really think I will need to see a doctor about the ringing in my ears for 35 years to get the claim thru?

Cavman

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I remember Blackhorse used to have a unit at BearCat. I saw them there in their tracks. The guys lived in those things as hot as it was they must have been like ovens.

I lived in an infantry track the whole tour. Once in a blue moon I would lay on the ground under a poncho, but not often because if your guy fell asleep you would sure get your throat cut. If you were sleeping in the track with the other 2 guys you might not be the one charlie picked.

Cavman

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CAVMAN -his name is Richard Smith and I think he always lived in this area-

He lives in Steuben County NY and I think he enlisted when he lived in Almond NY.

I cannot imagine that the VA would not grant you tinnitus with your combat background.

But they are only granting 10% whether it is in one ear or both.

Have you had a good hearing exam lately?

Yeah they forgot the Gallantry Cross on other Nam vets DD 214s.It is a beautiful decoration.

When a vet gets it on a DD 215 they get a nice letter telling them they have to buy it as it is not our Gov issue but all bases sell it.

I hope they put the Republic of Vietnam Campaign Medal with the 1960 device on your DD 214-I would think that too should be there.

They added 4 decorations to my husband's DD 215 when he applied for correction.

A Citation for bravery-veteran -I sure would want that on the DD 214 too if I were you- this type of could

help any veteran's PTSD claim and it is something to be very proud and share with the family.

Edited by Berta

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CAVMAN -his name is Richard Smith and I think he always lived in this area-

He lives in Steuben County NY and I think he enlisted when he lived in Almond NY.

I cannot imagine that the VA would not grant you tinnitus with your combat background.

But they are only granting 10% whether it is in one ear or both.

Have you had a good hearing exam lately?

Yeah they forgot the Gallantry Cross on other Nam vets DD 214s.It is a beautiful decoration.

When a vet gets it on a DD 215 they get a nice letter telling them they have to buy it as it is not our Gov issue but all bases sell it.

I hope they put the Republic of Vietnam Campaign Medal with the 1960 device on your DD 214-I would think that too should be there.

They added 4 decorations to my husband's DD 215 when he applied for correction.

A Citation for bravery-veteran -I sure would want that on the DD 214 too if I were you- this type of could

help any veteran's PTSD claim and it is something to be very proud and share with the family.

I can`t remember the kid`s first name, but he was our point man when I arrived and I walked second for a few months training behind him for his job when he rotated. We all called him Crazy Smitty. He and I almost got wasted on a patrol right before he left when the rest of the patrol ran and left him and I only against a platoon of NVA regulars. He was nuts and carried an M-60 all the time. Name was Smith. Ask him if he was in E-TROOP.

Cavman

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Will do that-maybe a long shot but it sure Sounds just like him---

He was shot twice in Nam. And when he worked for the local VA he took no crap at all from them.He and my husband were branded as the crazy Nam vet trouble makers by their co-workers at the VA.

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