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I think I am going to need help after all!!!

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ADodge

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I became disabled in 1997.  It never dawned on me to file with the VA for compensation.  I filed with Social Security and was approved.  For years I have struggled on get getting by with my family at times.  Then recently when things got real bad a friend said I should go see the VSO in our city. Maybe I could get some help from them.  So I did and come to find out there was a Veterans program in the state that helps out disabled Vets.  He also suggested that I file for a service related disability claim.  He gave me the paper work, I filled it out and he sent it in.  I really didn't think much would come of it since so much time had passed and just figured the Navy would deny everything.  Months went by I forgot about having filed and suddenly I got a letter from the VA asking me to come in for an exam and also giving me more information about registering on the ebenefits site.  So I did all that went in for the exam. during this time I also filed for other service connected injuries.  From the time I sent my initial claim in to the time it was approve it was all of 9 months I guess. And I was approved at 60%.  That was for the lung condition and everything else was rejected??? Well I really haven't thought much about that, thinking that the claim was approved so quickly that I really didn't have time to send all the necessary information into them.  But after reading a lot of these inquiries and questions on this site and also other sites I am beginning to get the real picture here.  See it did seem rather strange to me that the lung disability was approved right away with the information the had which given some of the other claims that were service related and happened around the same time as the damage to my lungs so the initial medical history would be in my old navy health record same place where they found the information regarding the damage to my lungs.  So why reject those claims?  The information is right there and the civilian doctors I see and am treated by are all at the same hospital where they also have my permission and those doctors names to contact and get medical histories and information from.  So now I am asking myself why didn't they schedule appointments for me to be seen and checked out back then for those injuries too?   I went on the ebenifits site and looked up some info for medical interview and found some really screwy information pertaining to the medical exam or interview I had at the VA.  The person I saw or the person who filled out those forms stated that there was no reason why I couldn't work!!! That there was only one lung condition when in fact  I have 3 lung conditions I take medicine for and am treated for.  Social Security doesn't even think I can work!!!!  So what the hell was that person's issue.  But when I think about it, no one ever asked me anything about working.

So this is my question.  I was going to get someone to help me when I refiled or reopened my cases this second time.  but then thought well I just take it as it goes.  But now I am realizing that is NOT a GOOD IDEA!!!   When I tried to find someone other than an Attorney in my area (North Shore of Boston) I couldn't find anyone.  So I was wondering if there is someone on this site that knows of a person that is not an attorney in this area that can help me.  Or if you know of a Lawyer that can actually be trusted???  (Oxymoron word!) to help me with my case.  I just know it is going to get real messy and I just don't have the strength to fight city hall by myself anymore!!! Know what I mean? Thanks  to anyone with any kind of advice.  AMD

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Oops, I incorrectly assumed you new.  Sorry.  Ok, STR is your service treatment record.  And here are a few others

AD = active duty

SCD = service connected disability

SA and OSA = sleep apnea and obstructive sleep apnea

Ran out of brain power just now, sorry, side effect of my service.

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Your currently SC'd, do you have a VA E-Ben account yet? If you do, log on and start an E-Ben Comp Claim for whatever your looking to do, New claim, reopen or increased rating. Just starting the paperwork on-line, establishes your claim file date. Then you have up to 1 year to complete the claim and hit the Submit button.

Do you really need an attorney? If your not looking at some sort of Denial/Appeal, with the prospect of a large Retro $$ amount, you may have a problem.

VA IU looks at your ability to earn in excess of the SGI (Substantially Gainful Income) level of $12,400 under 65, $11,400 per year over 65. SS focuses on your prior employment where as VA considers all types of employment, including Sedentary. What does the VA 38 CFR 4 state regarding your 3 lung conditions and Pyramiding of ratings?

If you could scan your original award (Redacted Of-course), we might be able to get better grip on your situation. At 60% SC, I don't think your eligible for a straight IU claim, maybe an Extra-scheduler.

Semper Fi

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Ok So I have some Questions regarding the C&P exam report I got off line for my claim.  I'm going to take it slow here and sorry if it seems like I am kind of thick headed!!! LOL  Sometimes I think I am!!! Anyway here is the first part of the report.   I highlighted the areas I have questions about then wrote the questions in a different FONT.  

 

LOCAL TITLE: COMPENSATION AND PENSION EXAM

STANDARD TITLE: C & P EXAMINATION NOTE

DATE OF NOTE: APR 18, 2015@12:00 ENTRY DATE: APR 18, 2015@13:10:32

AUTHOR: FREDERICKS,ANNMARIE EXP COSIGNER:

URGENCY: STATUS: COMPLETED

*** COMPENSATION AND PENSION EXAM Has ADDENDA ***

Respiratory Conditions

(Other Than Tuberculosis and Sleep Apnea)

Disability Benefits Questionnaire

Name of patient/Veteran: AMD 

Indicate method used to obtain medical information to complete this document:

In-person examination

Evidence review

Was the Veteran's VA claims file (hard copy paper C-file) reviewed: Yes    What is C-file?

List any records that were reviewed but were not included in the

 Veteran's 

VA claims file: xx   What is this

Does the Veteran now have or has he/she ever been diagnosed with a

respiratory condition? (This is the condition the Veteran is claiming or for

which an exam has been requested): Yes

[X] Asthma     This was not the only respiratory condition I had claimed???

ICD code: 493 Date of diagnosis: 1980

 

----------------------------   

SECTION II: MEDICAL HISTORY

Describe the history (including onset and course) of the Veteran's respiratory condition (brief summary): 55 yr female diagnosed with Asthma in 1980's while in Georgia at AFB (Warner Robins) prescribed inhalers.

Veteran tells me that she experienced SOB and wheezy while at Apprentice Training in

Orlando Florida -- medical care was sought via 911 ambulances at that time,

She was treated with epi injection and oxygen therapy and nebulizer.  (I told her this went on for the full two weeks I was in apprentice training.  And I know it is noted in my medical file from when I was active duty.)

Medical Discharge was offered at Area 3 HQ in Georgia and veteran declined at that time, a PT waiver was issued for Asthma.

Pulmonary Reactive restrictive lung disease (COPD) diagnosed 1983.      I did claim restrictive lung disease because that was the last known diagnosis I could remember receiving before I received my honorable discharge in 1984.  I knew nothing about having a diagnosis of COPD back in 1983! and if I had I would have done something back then. (I was a corpsman in the Navy) And how many 23 year olds do you know with COPD!!!  I don't think I actually acknowledged a diagnosis of COPD until 1990 sometime during a hospitalization for pneumonia.  

 

Does the Veteran's respiratory condition require the use of oral or parenteral corticosteroid medications: Yes

[X] Requires intermittent courses or bursts of systemic (oral or parenteral) corticosteroids

Indicate number of courses or bursts in past 12 months: 4 or more

Does the Veteran's respiratory condition require the use of inhaled medications: Yes

Check all that apply:

[X] Inhalational bronchodilator therapy

Indicate frequency: Intermittent

[X] Inhalational anti-inflammatory medication

Indicate frequency: Daily

Does the Veteran's respiratory condition require the use of oral bronchodilators: No

Does the Veteran's respiratory condition require the use of antibiotics:  Yes

List antibiotics, dose, frequency and condition for which antibiotics are prescribed: dicloxacillin for 10 days for current Asthma flare  No for  Current Pneumonia and Right lower lung collapse.  

Does the Veteran require outpatient oxygen therapy for his or her respiratory condition: No  This is wrong because at the time of this visit I was still on outpatient O2 therapy I had it with me at the time of the visit!!!!

SECTION III: Pulmonary conditions

---------------------------------

Does the Veteran have any of the following pulmonary conditions: Yes

[X] Asthma

 

Has the Veteran had any asthma attacks with episodes of respiratory failure in the past 12 months? No

Has the Veteran had any physician visits for required care of exacerbations?   Yes

Description of frequency and severity of exacerbations: November 2014 admission Beverly Hospital for pneumonia   So this says I have Asthma and then asks if I have had any physicians visits for exacerbations?  Of Asthma????  NO  Which brings me to the next highlighted questions about the frequency and severity???  As it states correctly in this report the admission was for Pneumonia!!!  NOT ASTHMA

Indicate frequency of physician visits for required care of exacerbations over past 12 months:   Less frequently than monthly

 

Other pertinent physical findings, scars, complications, conditions, signs and/or symptoms

--------------------------------------------------------------------------

Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the diagnosis section above? No

Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to any conditions listed in the Diagnosis section above? No  Really well how about Idiopathic hypersomnia!! Or sometimes known as excessive day time sleepiness! Quite often found to go hand in hand with a lot of pulmonary illnesses!!! And it is also a condition I claimed.  And I did send in my neurologists reports and all the sleep studies I have had done.   

SECTION IV: Diagnostic testing

------------------------------

Have imaging studies or procedures been performed? Yes

[X] Chest x-ray

Date: 12/12/13    This is also wrong because not only did I bring with me an x-ray result from Beverly Hospital dated 12/2014 for the right lower lobe collapse but I also submitted all my X-rays and CT Scans from the past 20 something years via scanning from my computer and also with signed releases.

Results: Hyperinlfated lungs   I have never seen any of my x-rays with this result written on them.  And I did not have any x-rays done during any exams at the VA hospital.

Has pulmonary function testing (PFT) been performed? Yes

PFT results

Date: May 1, 2015

Pre-bronchodilator: Post-bronchodilator, if indicated:

FVC: % predicted FVC: % predicted

FEV-1: % predicted FEV-1: % predicted

FEV-1/FVC: % FEV-1/FVC: %

DLCO: % predicted DLCO: % predicted

Does the Veteran have multiple respiratory conditions? No   This is obviously NOT TRUE!!!

Has exercise capacity testing been performed? No

Are there any other significant diagnostic test findings and/or results? No  Really why did I bother sending in all those X-rays, CT Scans,  EKG’s Biopsy reports, lab reports, hospital summaries, and permission for the VA to contact and obtain medical records from all the hospitals I have been treated in since having been discharged in 1984? 

SECTION V: Functional impact and remarks

----------------------------------------

1. Functional impact

--------------------

Does the Veteran's respiratory condition impact his or her ability to work?  No  

Social Security does in fact consider me to be 100% disabled from my diagnoses of Asthma, COPD, and restrictive Lung disease with possible emphysema.  Along with a couple other conditions that were submitted as Service Related.  One that is considered related to having known pulmonary diseases.  That is the idiopathic hypersomnia. There are very few people out there that will employ someone who falls asleep several times a day for no apparent reason!!!

2. Remarks, if any:

-------------------

Followed by Beverly Leahy Pulmonary 978-998-4601

NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application.

 

PULMONARY FUNCTION TEST performed on May 1, 2015

Abnormal results consistent with COPD  Now they list my results as being consistent with COPD and then Approve me for 60% on a claim for Asthma???

SPIROMETRY:

Normal FVC (2.54 L, 83%)

Moderately reduced FEV1 (1.19 L, 50%)

Reduced FEV1/VC (42%; VC = 2.77 L)

After bronchodilator there is no significant change in FVC and FEV1

LUNG VOLUME:

Increased TLC (5.70 L, 120%; Predicted > 3.56 L)

Increased FRC (160%)

Increased RV (174%)

Increased RV/TLC (145%)

DIFFUSION:

Mildly reduced DLCO (63%)

Normal D/VA

INTERPRETATION:

Moderate obstructive ventilatory defect. Increased lung volumes c/w

hyperinflation and airtrapping. Normal diffusion when adjusted for alveolar

volume.

 

What is strange with these PFTs is when I went and had these done I was still on O2 for the collapsed right lower lobe.  I made sure to tell the tech doing the test this information.  However there is no mention about the fact that I was on O2 therapy when these PFTs were done!!!   

/es/ ANNMARIE FREDERICKS,NP   And I have no idea who this person is????

ACNS/Nurse Practitioner

Signed: 05

 

 Ok So after I go over all this crazy stuff I am thinking I should send a letter using that form which you would use for information supporting your claim. And in this letter I should ask them to explain themselves and all the discrepancies listed in this report.  And also let them know that I am also going to contact the New Senator In Massachusetts who just happens to be a decorated USMC Veteran who really hates it when he hears about

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Ok So I have some Questions regarding the C&P exam report I got off line for my claim.  I'm going to take it slow here and sorry if it seems like I am kind of thick headed!!! LOL  Sometimes I think I am!!! Anyway here is the first part of the report.   I highlighted the areas I have questions about then wrote the questions in a different FONT.  

 

LOCAL TITLE: COMPENSATION AND PENSION EXAM

STANDARD TITLE: C & P EXAMINATION NOTE

DATE OF NOTE: APR 18, 2015@12:00 ENTRY DATE: APR 18, 2015@13:10:32

AUTHOR: FREDERICKS,ANNMARIE EXP COSIGNER:

URGENCY: STATUS: COMPLETED

*** COMPENSATION AND PENSION EXAM Has ADDENDA ***

Respiratory Conditions

(Other Than Tuberculosis and Sleep Apnea)

Disability Benefits Questionnaire

Name of patient/Veteran: AMD 

Indicate method used to obtain medical information to complete this document:

In-person examination

Evidence review

Was the Veteran's VA claims file (hard copy paper C-file) reviewed: Yes    What is C-file?

List any records that were reviewed but were not included in the

 Veteran's 

VA claims file: xx   What is this

Does the Veteran now have or has he/she ever been diagnosed with a

respiratory condition? (This is the condition the Veteran is claiming or for

which an exam has been requested): Yes

[X] Asthma     This was not the only respiratory condition I had claimed???

ICD code: 493 Date of diagnosis: 1980

 

----------------------------   

 

SECTION II: MEDICAL HISTORY

Describe the history (including onset and course) of the Veteran's respiratory condition (brief summary): 55 yr female diagnosed with Asthma in 1980's while in Georgia at AFB (Warner Robins) prescribed inhalers.

Veteran tells me that she experienced SOB and wheezy while at Apprentice Training in

Orlando Florida -- medical care was sought via 911 ambulances at that time,

She was treated with epi injection and oxygen therapy and nebulizer.  (I told her this went on for the full two weeks I was in apprentice training.  And I know it is noted in my medical file from when I was active duty.)

Medical Discharge was offered at Area 3 HQ in Georgia and veteran declined at that time, a PT waiver was issued for Asthma.

Pulmonary Reactive restrictive lung disease (COPD) diagnosed 1983.      I did claim restrictive lung disease because that was the last known diagnosis I could remember receiving before I received my honorable discharge in 1984.  I knew nothing about having a diagnosis of COPD back in 1983! and if I had I would have done something back then. (I was a corpsman in the Navy) And how many 23 year olds do you know with COPD!!!  I don't think I actually acknowledged a diagnosis of COPD until 1990 sometime during a hospitalization for pneumonia.  

 

Does the Veteran's respiratory condition require the use of oral or parenteral corticosteroid medications: Yes

[X] Requires intermittent courses or bursts of systemic (oral or parenteral) corticosteroids

Indicate number of courses or bursts in past 12 months: 4 or more

Does the Veteran's respiratory condition require the use of inhaled medications: Yes

Check all that apply:

[X] Inhalational bronchodilator therapy

Indicate frequency: Intermittent

[X] Inhalational anti-inflammatory medication

Indicate frequency: Daily

Does the Veteran's respiratory condition require the use of oral bronchodilators: No

Does the Veteran's respiratory condition require the use of antibiotics:  Yes

List antibiotics, dose, frequency and condition for which antibiotics are prescribed: dicloxacillin for 10 days for current Asthma flare  No for  Current Pneumonia and Right lower lung collapse.  

Does the Veteran require outpatient oxygen therapy for his or her respiratory condition: No  This is wrong because at the time of this visit I was still on outpatient O2 therapy I had it with me at the time of the visit!!!!

SECTION III: Pulmonary conditions

---------------------------------

Does the Veteran have any of the following pulmonary conditions: Yes

[X] Asthma

 

Has the Veteran had any asthma attacks with episodes of respiratory failure in the past 12 months? No

Has the Veteran had any physician visits for required care of exacerbations?   Yes

Description of frequency and severity of exacerbations: November 2014 admission Beverly Hospital for pneumonia   So this says I have Asthma and then asks if I have had any physicians visits for exacerbations?  Of Asthma????  NO  Which brings me to the next highlighted questions about the frequency and severity???  As it states correctly in this report the admission was for Pneumonia!!!  NOT ASTHMA

Indicate frequency of physician visits for required care of exacerbations over past 12 months:   Less frequently than monthly

 

Other pertinent physical findings, scars, complications, conditions, signs and/or symptoms

--------------------------------------------------------------------------

Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the diagnosis section above? No

Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to any conditions listed in the Diagnosis section above? No  Really well how about Idiopathic hypersomnia!! Or sometimes known as excessive day time sleepiness! Quite often found to go hand in hand with a lot of pulmonary illnesses!!! And it is also a condition I claimed.  And I did send in my neurologists reports and all the sleep studies I have had done.   

SECTION IV: Diagnostic testing

------------------------------

Have imaging studies or procedures been performed? Yes

[X] Chest x-ray

Date: 12/12/13    This is also wrong because not only did I bring with me an x-ray result from Beverly Hospital dated 12/2014 for the right lower lobe collapse but I also submitted all my X-rays and CT Scans from the past 20 something years via scanning from my computer and also with signed releases.

Results: Hyperinlfated lungs   I have never seen any of my x-rays with this result written on them.  And I did not have any x-rays done during any exams at the VA hospital.

Has pulmonary function testing (PFT) been performed? Yes

PFT results

Date: May 1, 2015

Pre-bronchodilator: Post-bronchodilator, if indicated:

FVC: % predicted FVC: % predicted

FEV-1: % predicted FEV-1: % predicted

FEV-1/FVC: % FEV-1/FVC: %

DLCO: % predicted DLCO: % predicted

Does the Veteran have multiple respiratory conditions? No   This is obviously NOT TRUE!!!

Has exercise capacity testing been performed? No

Are there any other significant diagnostic test findings and/or results? No  Really why did I bother sending in all those X-rays, CT Scans,  EKG’s Biopsy reports, lab reports, hospital summaries, and permission for the VA to contact and obtain medical records from all the hospitals I have been treated in since having been discharged in 1984? 

SECTION V: Functional impact and remarks

----------------------------------------

1. Functional impact

--------------------

Does the Veteran's respiratory condition impact his or her ability to work?  No  

Social Security does in fact consider me to be 100% disabled from my diagnoses of Asthma, COPD, and restrictive Lung disease with possible emphysema.  Along with a couple other conditions that were submitted as Service Related.  One that is considered related to having known pulmonary diseases.  That is the idiopathic hypersomnia. There are very few people out there that will employ someone who falls asleep several times a day for no apparent reason!!!

2. Remarks, if any:

-------------------

Followed by Beverly Leahy Pulmonary 978-998-4601

NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application.

 

PULMONARY FUNCTION TEST performed on May 1, 2015

Abnormal results consistent with COPD  Now they list my results as being consistent with COPD and then Approve me for 60% on a claim for Asthma???

SPIROMETRY:

Normal FVC (2.54 L, 83%)

Moderately reduced FEV1 (1.19 L, 50%)

Reduced FEV1/VC (42%; VC = 2.77 L)

After bronchodilator there is no significant change in FVC and FEV1

LUNG VOLUME:

Increased TLC (5.70 L, 120%; Predicted > 3.56 L)

Increased FRC (160%)

Increased RV (174%)

Increased RV/TLC (145%)

DIFFUSION:

Mildly reduced DLCO (63%)

Normal D/VA

INTERPRETATION:

Moderate obstructive ventilatory defect. Increased lung volumes c/w

hyperinflation and airtrapping. Normal diffusion when adjusted for alveolar

volume.

 

What is strange with these PFTs is when I went and had these done I was still on O2 for the collapsed right lower lobe.  I made sure to tell the tech doing the test this information.  However there is no mention about the fact that I was on O2 therapy when these PFTs were done!!!   

/es/ ANNMARIE FREDERICKS,NP   And I have no idea who this person is????

ACNS/Nurse Practitioner

Signed: 05

 

 Ok So after I go over all this crazy stuff I am thinking I should send a letter using that form which you would use for information supporting your claim. And in this letter I should ask them to explain themselves and all the discrepancies listed in this report.  And also let them know that I am also going to contact the New Senator In Massachusetts who just happens to be a decorated USMC Veteran who really hates it when he hears about these types of screw up!!!  SO any opinions about that idea???    Oh and could someone maybe give me some insight regarding this insane report.    

 

You know as I think about this whole mess....  What I really want to know is exactly what was I exposed to during those two weeks in Apprentice training? And did anyone else have this type of experience??  I went through bootcamp fine NO problem.  I entered the Navy 100% healthy at 20 Y/O  before that I was in the Marines at 17 and Very healthy!!!  SO exactly what was it that I was exposed to that caused those two weeks of Every single night going to the ER via ambulance because I couldn't breath!!!  I was sleeping on a top bunk and there was a vent that was blowing Air directly on me!!!  I mentioned that several times, But being one step above a recruit I'm sure everyone knows how well that went!!!!  LMFAO   Anyway it really isn't a matter of upping my rating or anything like that. I just want to know what I was exposed to???  What has caused me a lifetime of breathing difficulties??? That's all I really want to know.  And those buildings

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ADodge,

First off, C-file is your VA claims file, in which should be all reports and all info pertaining to your VA claims, lab results and radiology as well.  That where most of us find the proof that the VA screwed us.

As for why....well, you were quite young to have such health issues, usually relegated to silver/gray haired folks, and so they were not interested in giving you the SC rating you so accurately rated and deserve...100%.

Contact that Marine Senator, maybe he'll let you be his first good work.

Semper Fi.

Andyman

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