lumbosacral Never Realized Va Put The Screws To Me

[ihateliver]

I've haven't done anything since the 90's because the DAV in Baltimore is overwhelmed and I was frustrated. However this site has given me a new life to pick up the ball again. I started a new claim on 5/6/2015. Hopefully I'll get it right this time. My pes planus is service connected from the 80's.VA totally missed that. In addition I had sinus problems throughout my military service, now I have sleep apnea with a CPAP. I may not be 100% like many of my brothers, but I know I'm greater than 40%

Rated Disabilities Disability Rating Decision Related To Effective Date Lumbosacral strain Not Service Connected systolic murmur Not Service Connected right shoulder condition Not Service Connected scar(s) of the left popliteal area, left groin inguinal and left midfoot medial aspect secondary to bilateral varicose vein status post stripping 0% Service Connected 02/04/2011 Varicose veins, right leg 10% Service Connected 03/31/1998 bilateral varicose veins status post stripping 10% Service Connected 09/16/1996 pes planus (flatfoot) Not Service Connected hearing loss Not Service Connected varicose vein stripping left leg 0% Service Connected 03/31/1998 left ankle sprain (claimed as nerve pain) Not Service Connected skin condition (colored skin, right leg, chest and right side of head) Not Service Connected hallux valgus, right great toe with degenerative changes 10% Service Connected 06/09/1992 status post fracture, distal phalanx of the index finger 0% Service Connected 06/09/1992 right ankle sprain Not Service Connected chondromalacia of the patella left knee 20% Service Connected 07/18/1994

[rootbeer22]

ihateliver:

When I retired from the Army after 22 years in 2004, I thought I was submitting my VA Claim under a new program to file claims as soldiers were retiring and I filed a lot of paperwork in which I agreed to release my service medical records for my claim? Anyway, to make a long story short, I checked back to Fort Lewis, WA in 2005 and found out that all of the paperwork was apparently lost? By then the War and preparations for increased hostilities were cranking up and attention among the medical community was focused somewhere else? So, it took many years for me to come back and file again and I regret not doing so as soon as I heard that the paperwork was lost. Anyway, I had good private insurance from work and was being treated for my serviced related injuries. However, I really regret now not going back to the VA in 2005 to ensure that they had all of my injuries information to treat me as I got older and was in pain more from those service related injuries. My wife was instrumental because she said the VA should be responsible given your injuries due to how they ocurred in service? Anyway, I'm very close now to getting my final decision on my VA claim. But, in one CP exam, the contract doctor said that my (well documented) neck injury was the result of my traumatic Tank Accident ---however he went on to say that it was just the natural progression of disease? So, it looks like the wait to file my claim may have hurt me there in that one aspect..so the idea is to get the claims files in offcicially as soon as possible is very important to most Vets. I was told that there was not a time limit on a VA claim ---theoretically speaking...but practically there seems to be, the CP doctors have some things that they can do which could hurt or trip up your case? So, at least for me the "time" that it took to re-file my claim and get it back into the disability system...may have cost me because time is money? But I'll know for sure in a few of weeks when I get the final results of my first FDC claim? That said, I've had a lot of help from hadit.com and the Vets here whom are a great help to Vets like us to worked thru all of the challenging and complex processes that have to be addressed to make a successful claim...so, you've come to a great place on the net to get help....

Edited May 19, 2015 by rootbeer22

[Navy4life]

First off Welcom ihateliver!

Secondly, it is good to hear you are going to take another stab at getting what you deserve. Since it sounds like you have already been through the VA rating process and denied be sure that you have NEW material evidence to prove why you should be S/C for the disabilities that were not S/C.

Any new claims, make sure you have the AD records to S/C you. Any SMR's indicating sleeping issues and/or SA in your SMR is going to be needed. Any buddy statements as well would be good to have. SA is a tough one to get S/C and it is an uphill battle but with the right documentation, a good nexus letter, and any/all evidence to support the claim you should have no issues.

Take Care

Steph

[Navy4life]

Rootbeer

I got out in 1996 and never knew I should have been S/C all these years. I filed in May 2013 and finally got S/C for most of what I should be S/C for in 2014. I am still battling the VA about disabilities they denied as well as I just filed in February an FDC for a secondary disability linked to an already S/C disability. We will see but I can say this....time lapsing is not helpful but with the right documentation and the right rep (my DAV guy was great), a good contact at the RO office to help me...I was able to get what I deserved! Hang in there!

[rootbeer22]

Navy4life:

I follow your posts and agree with you....I'm very anxious and I know that this is just a part of the overall process. Once I get this first FDC results, I'll have a better sense of what I'm up against - but it may by fine anyway? I'm prepared to "do battle" if I have to either way and have studied all of the options that are available to Vets thru this website. The good news is that there's a lot of very helpful folks like yourself on this website that is a great comfort. The only thing that I'm not sure of is when to enlist the services of an attorney but that's very premature at this point until I get my first results. Much like the military, I'll move up to the NOD, CUE, DRO, and Appeal options as appropriate when I get to that point. The disability process has been much more adversarial than I first anticpated, starting with my first CP exams. Overall, they seem to have been fairly favorable so that's a good start. The other surprise was the lack of credentials and expertise among some of the CP examiners that I saw, but that's how the system is just designed. I've been watching folks like you, Asknod, Berta, Broncovet, and many others who have been giving advice an am confident that whatever my claim outcome, I'll be able to address the VBA decisions. It's nice to hear that you were able to get what you deserved in a relatively short timeframe which demonstrates that it's possible. I've seen where some folks have been fighting for years and years which is something that I was hoping to avoid if possible....but I know in life that there are few guarantees....thanks again for the response....

[Navy4life]

Rootbeer;

Don't put the cart before the horse so to speak...Like you said see what you are S/C for and what is denied and go from there. I too had several denials that should not have been denied. So in December 2014 I filed an NOD and started my appeal's process. It will take time but in the end I am sure I will be S/C for the issues I filed on. I also have a new claim (FDC) pending and I am sure that will get approved. I am optimistic on the situation.

As far as an attorney, not sure I would go that route but then again I am a paralegal and have a bit of the law knowledge behind me. I think the attorney can be beneficial in some situations though.

Keep us posted!

[ihateliver]

THank you all for your asisstance. I do have old medical records from my military service. I'll start with those.