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How to Get your VA C-File


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    • Sleep Apnea Claim
      Hi, I am a 30 year retired vet. I retired 13 years ago. I as recently diagnosed with "very severe" obstructive sleep apnea. The machine they gave me is preset on the highest output flow. My episode exceed 35 times an hour with some lasting more than 30 seconds.  I was diagnosed with sleep apnea a couple of years prior to retirement and the study and diagnosis is documented in my record. In fact, they wanted to operate on my uvula. There lies the rub. The operation could have ended my career so I didn't persue. Additionally, while on active duty I developed severe chronic sinusitis and allergic rhinitis and this also is documented in my service health record. I have been living with this and chalking it down to getting old. Fast forward...I recently got a machine that they say I have to wear for the remainder of my life. I just learned that Tricare Prime does not pay for it all. So, I researched online and submitted a claim the E-benefits and it has been received and was under review until today when they changed this to "gathering of evidence" Development Letter Sent. Does anyone know what this means? What do I have to look forward to concerning the process. I watch the news. It doesn't look good, right? thanks in advance.
    • My husband died in motorcycle accident
      Your Welcome Page, don't worry about missing the show  there will be more shows. btw, the 33% that attorney quoted you is a little expensive in my opinion'' but'' DIC Cases I'm not that familiar with/just with regular VA Claims its usually a 20% deal However I heard of Some Charging that much  or have  a 20% fee and a clause for   another fee for extra work they do or had to do...I can imagine  a lot is involved  so who's to say 33% is to expensive....its just right if you win...but that's a big'' if'' The attorney will have to do a lot of digging and records to look at phone calls & other personal to pay calls ect,,,ect,, DIC Cases as we learn from Ms berta are very difficult   especially a case  such as yours.  you have to do what you believe is right, I'm sure your late husband would want that for ya. You might want to ask Ms berta about your time-line limit? unless you have an Attorney Already?  Anything you can do to not let your Limit run out will help. if you can Request an extension or more time to prepare your case?  IDK? Take Care .............Buck
    • DRO hearing
      I have a hearing coming up on Thursday for Bowel Incontinence. Yesterday my POA stated that the DRO wanted me to have another C&P exam for the Bowel Incontinence. Here is the thing Dr. Bash diagnosed this back in 2012. Again in 2013 and I've had 2-3 C&P exams since 2012 for the same things.. The VA, a PA and GI Surgeon both diagnosed the same exact thing in July 2013, Bowel Incontinence secondary to my Lumbar DDD/DJD. On the original decision the RO stated it was not diagnosed. This is wrong because they had in their hands Dr. Bash's IMO which showed the diagnosis then in 2013 whenever the VA Surgeon finally diagnosed it they still are denying me but the only reason they gave so far that it was not diagnosed. Everything Dr. Bash diagnosed has been diagnosed by the VA. As a matter of fact they approved me for IU based on the same Dr. Bash IMO!!!!! So how are they allowed to pick and choose what to believe on the report when the diagnosis has been proven by the VA? This is crazy. I am going to refuse ANOTHER C&P exam on the grounds that they already did 2-3 exams, Dr. Bash did 2 exams and the VA (James A. Haley) did two of them (One from PA and One from the GI Surgeon). Am I correct to say they are just trying to low ball me severely knowing it would put me over the SMC and P&T threshold? I told my POA that I will in fact just send it to the BVA if the RO doesn't want to make a decision. They all know I have it so why are they low balling me? I am on SSDI all just for service connected issues, nothing else and I was just award my SSDI continuation. So what gives and how should I approach them at the hearing? I will try to keep my cool because the have sat on this too long. Rob
    • New Proposed VA Reg Vets Should Know About
      Pete...I hear ya.  Now, the VA has an excuse to delay the appeals for 10 years, instead of the current 5 year delay plan.  FDC = Fully Delayed Claim, and Finally Denied Claim.  
    • New Proposed VA Reg Vets Should Know About
      We all know that there is no accountability with VA. I personally had a claim denied several times by VA then when I filed an appeal BVA remanded it several times (twice) trying to get the local VA to grant my claim since the record proved that my claim warranted service connection. Then when the local VARO continued to deny my claim the BVA ALJ decided to deny my claim also. Of course all this did was add years to my waiting. Since the BVA ALJ denied my claim I had to get a lawyer and file a claim to the CAVC. The CAVC remanded my claim and then the BVA ALJ granted my claim. I am talking about a decade of playing VA game of you should be, you should not be service connected. This is with all the evidence in  my records. I admit that someone messed up but no one wanted to correct the mistake so they (VA) wanted to screw me (the veteran) over.  I wonder how many veterans they have screwed over.
    • My husband died in motorcycle accident
      I'm upset that I missed it. I was not able to get online. I will make sure to catch the show in the archives. Thank you for all the information Buck!
    • My husband died in motorcycle accident
      Sorry Ms berta,   The show was on tonight  and it was a dandy DR Bash & Att John Dorle  were on and Dr Mark Worthing  Called in & They all had a great discussion, I sure wish Page 1006 could have called in ask about her claim and about what Attorney to help with her case. Lot of good information was passed on tonight with Claims, Mark talked a bit about Sleep Apnea, and him and John and Dr Bash was just full of Information tonight..I bet they missed you calling in, Alex was not on tonight hope he is feeling well?  Jbasser and Jerrel Had a great show   the hour went real fast, there going to get Dr Mark Worthing to come back as well as Dr bash &  Attorney John Dorle Be sure and catch the show later in the archives.   ..............Buck I thoroughly enjoy the show tonight.
    • My Cue
      If I understand correctly it is one year.  Though don't take my word for it.  I am in the same boat.  Messed up on my original claim many years ago and am now trying to fix the mistakes I made.   I wish you luck, stick in there.
    • NOD - VA Form 9
      IF YOUR LOCAL VSO DID NOT FAX OR SEND THE FORM TO JANESVILLE, WI.,  THATS THE PROBLEM.. YOU DO NEED TO FILL OUT THE 21-526EZ AND FORM 9 .  YOU CAN DO THIS THRU EBENEFITS OR FAX IT TO:  844 822 5246.  (PERSONALLY I USE THE FAX METHOD)    VA HAS A NEW PROCESS WHEREIN ALL DOCUMENTS GO THRU JANESVILL..SEND IT TO THEM ASAP... BOTH OF THESE FORMS CAN BE FILLED OUT AT THE VA WEBSITE  WWW.VA.GOV AND THEN PRINTED/SAVED PLEASE POST YOUR SOC SO OTHERS CAN CHIME IN.....
    • My husband died in motorcycle accident
      I thought this show was going to be on tomorrow night...I just clicked on the podcast and it is repeat of May 18th show.  

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Dale Jr. 8

Service Connected Diagnosis's

13 posts in this topic

I have a service connection that is diagnosed as lower back pain ICD-9-CM 724.2. I recently had an MRI which shows 2 ruptured disks and 2 bulging disks pressing on the left side nerve roots. First question, will VA consider this part of the service connected LBP and second question if they do consider it part of the LBP do I stand a good chance of getting a secondary service connection for sciatica? It seems that VA uses some very general diagnosis codes. I will have my Primary care update the diagnosis codes tomorrow when I see him. Dale Jr 8

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Dale

You might go to a orthopedist and get him to review your service medical records and write an opinion to service connect the disc problems to the LB disorder. You want a board certified specialist to write this opinion. This is how you beat them. The VA will probably say your GP is not a specialist and may over rule his/opinion at a C&P exam. They have a harder time shooting down a board certified specialist.

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Dale,

I am going to take the long way to answer you question.

Initally I injured my lower back in a military vehicle accident 1971, the injury was rated as a back strain at 10%, when I was first rated none of the fancy test were done, and I was rated purley on the symptoms in my active duty medical records.

Later I kept reinjuring my back when in 1997, I fell of a ladder at my civil service job. I ended up having xrays, ct scams, mri and even a myleogram done. These test indicated that I had hernitated disc at the L3-L4, L4-L5, L5-S1 levels. I also was tripping on my left foot and had a pain down my left side. It turned out after I had a nerve conductive study done that I did in fact have siactiac nerve damage and drop foot.

When I was finally rated in 1999, my rating when from 10% to 60% and was changed from back strain to Degenerative disc disease. At that time the sicatic nerve damage was not rated seperately. I was also awarded a K award for the drop foot, and was given the vehicle adapted grant with adapted equipment.

Today they va rates these conditions seperately or as one problem which ever affords the veteran a higher rating.

Based on my own condition and my history I am sure the VA will in fact re-rate your condition as DDD.

I suggest that your request your doctor to give you some of the test I mentioned to further substaniate the fact that you have siatiac nerve damage , and DDD. THe VA accepted all of my test as being factual when I went for my C/P exam the only thing they did was another xray and asked me to bend.

I ended up with TDIU because civil service forced me into a medical retirement, as I could no longer climb ladders and such.

hope this helps to answer your question,

'

best of luck

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Thanks for the replies. I will have my primary care doc order the tests that you mentioned. It is hard to see an othopedist at the Va in Fayetteville N.C. I suspect that I have had DDD all along but that doesn't show up on xrays real well. Thanks again Dale Jr. 8

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Rick

Were you on OWCP for a while? Too bad you could not get OWCP and VA at the same time but since it is the same part of the body they would say that is duel compensation. You are better off on VA, and OPM rather than just OWCP. I was injured at the post office many times. People think the VA is bad. OWCP is like being consigned to hell and no P&T.

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Hohn,

No I just burned up my six leave, OWPC people were a real pain to work with... and even it they approved you for comp, theystill tried to find another reason to deny it. The union doesn't even seem to help in this area.I did ok, because I was retired and between FERS, and SSD I was taken care of well. Depending how you look at it, I was lucky the back injury was already service connected I just waited 6 months to get an increased rating and TDIU from the time I was forced to retire.

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Dale, Jr.

IN 1999. I lived in Hope MIlls, NC about 8 miles from the Fayetteville VA Medical Center. Dr. Myers was the doctor I was refering to. If he is still there he is one of the better doctors I have had to deal with. Also Dr. Lee in Durham VA was my nurolgist....Both of these guys have it together. Since I moved I have not had that level of care ever again.

Best of luck

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Can someone direct me if I am in the wrong topic. Denied service connection for knees, working at US Postal Service 20+ years, degenerative arthritis, appealing VA decision and contemplating filing for sheduled award (occupational disease) with OWCP. VA has given me nothing so far. Would OWCP claim interfere as dual compensation or show the VA condition severity. Anyone have experiences with both agencies at the same time? Thanks...

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Wingnut

You can start your own topic on this subject. The answer is that getting VA compensation and OWCP for the same injury can cause a problem. You cannot get OWCP and VA compensation increase at the same time. The rules are in the OWCP Procedure manual. There are others here who had issues with the OWCP. VA has little to say about it but it is the OWCP you have to really worry about. They check up on your VA disability.

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I was wondering what has been wrong with my left leg for so long after Vietnam. I have seen by a private Neurologist that only gave me pain pills. I have been tested by the local VAMC and they found periphial nerve damage in the left leg, via electro-stimulation testing. I have pain down my left leg, constant, 24-7. I also have drop foot in my left foot and keep triping on it as I stand to walk from sitting. My left leg was wounded in Vietnam, 1968, 3 places, shrapnel still remains in the leg in 3 places as shown by x-ray and CT scans. The VAMC said in their report that the periphial nerve damage is most likely due to the combat wounds of the leg, but ...... ???

In July 2005, I finally filed a VA claim for the left leg problems, but haven't received a rating yet. Since what rickb54 described, below, I am wondering if I have Sciatic Nerve Damage to the spine and possibly Degenerative Nerve Damage (DDD)!?! Ever since Vietnam, I have had to favor the left leg because it cramps and has pain. I wonder if I have this Sciatic nerve problem and possibly DDD. Unfortunately, none of the MDs have ever thought to look for it. They looked at the leg as the problem instead of the spine. Wonder if there is a possible connection between the leg problem and the possible spine problem? I'm not over-weight and can bend over without a problem. Its the constant pain down the left leg from the exterior main top area of the leg above the knee, like shooting sharp pain and numbness.

??? Hmmmmmm ? My Father was a Chiropractor and I understand a little about back problems, just a little, and how spine problems can cause other problems. Of course, maybe the spine problems were precipitated by the leg wounds in combat

because I have always had to favor the left leg during walking, etc ??? Could the spine problems be SCed to the leg problems?

Comments, please?

It is my understanding that the only way to get siatiac nerve damage is if a disc has inpinged (pushed on) the nerve root at the L4-L5 level at the spine. I don't know how shrapnel would case direct damage to the nerve unless to cut the nerve, in which case I don't think you would have pain down the entire leg. This condition does not cause cramping. Siatice nerve damage does not normally cause 24/7 pain, it is an intermitten pain, that may not be present for days, or even months. You can have drop foot with out a spinal nerve injury.

see:

http://www.spineuniverse.com/displayarticl...rticle2620.html for drop foot

http://www.spine-health.com/topics/cd/d_sciatica/sc01.html for siatiac nerve damage

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You know you should probably get a nerve test. It is the test you get for PN. You don't want to bring that up at the VA since if they can blame your spine for the leg problems that would hurt your SC claim, unless you hurt your spine in the Army. A neurologist should give you this test as a routine thing. Don't use the VA unless you are sure it is an SC condition.

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An Osteopath has an MD degree

Well, I don't really mean to "split hairs", 68VV, but they have D.O. degrees..............but, they do have all the "Rights of Practice" that an M.D. does.

And, on a personal note, my family physician is a D.O. and we have been his patients for about 10 years now and I would NOT go to anyone else.

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When advancing a claim that involves injuries in service and injuries post service you have to be very careful that they do not attribute your current condition to "intercurrent" injuries. That is they will claim the post service injury is actually the cause of the current disability. They did this to me on one of my claims. It is really helpful if you were service connected at some rating level before the post service injury occured.

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