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    • Is There A Request For Reconsideration At the Local RO Level
      We had here not only a DAV VSO but also a lawyer who gave the wrong advice on this issue. The lawyer stated about a year ago here that there was no such thing as a Reconsideration Request at the VARO level.. He has since become enlightened.  and will remain nameless...because many of you recall that post. I wonder how many vet claim he handled that could have been resolved with a Recon request at the RO level, but they are probably still at the BVA by now. I won one too at the RO level a few years ago,. The DAV NSO however advised us that the DAV had a DAV template  for this type of request. for years ..they knew it could be done at the VARO level....however the DAV VSO (who also shall remain nameless but all above posts are still here) argued with me that a recon request at the RO level stops the NOD clock. Of course he was wrong and I had to post many many BVA denials whereby the veteran found out too late that they still had to file a NOD if the VA did not favorably act on their reconsideration request---within the one year NOD deadline.   The BVA denied them because their NOD was NOT filed in timely fashion. If any vet he told this NOD BS to, eventually succeeded in a re open or newer claim, perhaps they could recover the years of comp they lost, if they sued the DAV NSO,with proof of the wrong advise he gave them. The NSO left us and went to another vet's site. Actually most of his advise here was very good. No one knows it all....and after decades of VAOLA I am still learning too. But I have a gripe. When anyone here makes a statement that appears to be directly from a VA regulation, give us the Link please! And make sure it is current. I saw a post here on 2 outdated regulations. so rime ago. Maybe I corrected it or maybe I didn't.....anyone here who understands the AO regs knew it was wrong anyhow.  
    • C&P Exam Results, WTH is going on, Please Help!!!
      UPDATE 5/5!!! Well Yesterday the Claim Completed, but I see no Change in Disability Ratings, and my Benefits Letter still states 100% P&T with no Future Exams. SO I still dont know what the Heck is going on, Hopefully the BBE will be here soon So I can see what crap the VA is trying to pull. Thanks again guys  
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      Would you agree that this is new and material evidence? 
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      Berta, i found this old post from 29 jan 15 and it brought back to mind what happened at my C&P...  My other c&p was for joint pains and hip pain and to be honest i almost walked out on that one, because she was a practitioner and she made me feel like i was confused and maybe so, but she said what joints and when i told her she kept interrupting me and stating that i was already service connected for that so what joints are you claiming. So after i said neck and elbows she did the ROM on everything and poked me and said she was done. It lasted about a hour. Then i went for neck and elbow x-rays and was finally able to get out of that place. So who knows what the outcome will be. . I don't know how this hip issue went from a service connection issue to a secondary issue?  
    • Social Security disability
      UPDATE: Well I met with my lawyer and went over my application for ssdi they said i have a slam dunk case but with my pension I fall under the windfall elimination provision .that means my benefits will be reduced by 80% so much for paying into the system sorry for the rant do I still go for the 20% on my own or with the lawyer thanks all 
    • NOD / DRO or TARP?
      And please read over the 2010 PTSD regulations here. I didn't see PTSD claimed at all on the 2009 denial. If it had been, that would have put you into the pre 2010 PTSD regs...but Gastone is correct. I thought at first you had been grandfathered into the older regs but I was wrong when I read the download. I assume they sent you a 5103 waiver or something that indicated they needed info on your stressor. If you consider filing a new claim ,I would if I were you, state every possible theory of entitlement, such as depression and acquired psychiatric disorder, as well as PTSD because that way you are not locked into solely the PTSD criteria. I began helping vets with claim in around 1984...predominantly PTSD claims due to the Vietnam War. I found at that time the VA wanted to read about Blood and guts.and detailed horror stories of Vietnam stressors, many of which were stressors the veteran and/or JSRRC  could prove. The new regulations only account for "fear" and "Close proximity to hostile fire" as supporting a stressor description. Still they need to have details on your stressor, that would support those above 2 factors. "but I had documented stressors (Combat Action Badge and serious incident reports" Did they have the incident reports?      
    • E-Benefits Status
      Welcome aboard and it is very common for the Status to go back and forth. I had 1 claim sit at Prep for Notification for over 2 months, then go back to Gathering of Evidence. Ebenefits is a great tool to use, but not always 100% up to date. The main Days to look at the site is Mon and Fri, where the statuses usually change. Do you have access to MyHealthEVet, and if you do post the C&P exam results here, and we can give you a more accurate guess. I am SC for PTSD and TBI, and they were not Deferred. As long as the Medical Evidence, or Scans are there then the VA will grant SC. Good luck and keep us posted. God Bless
    • Lots of issues
      Welcome aboard and glad to see you are learning about the process. It is too hard to try to figure out when claims will complete. I had a C&P 2 months ago and the claim just completed yesterday. What is the Current status of your claim? Do you have access to Ebenefits? Do you have access to MyHealthEVet? Good luck and keep us posted, God Bless
    • Denied!! Hip Service connection. Guess what? Their is HOPE!
      That is even better than 2013 , if there is a 38 CFR 3.156 issue here.
    • CUE? Not using SMR?
      Asknod correctly advised on the third 'prong' of CUE, as the BVA calls it: "Having proved CUE, all he has to do is show that the error manifestly changed the outcome. " Therefore someone has to figure out what the combined 10% was for, it seems to be for SC. An additional problem is the word "combined" on the rating sheet. The foot disability rating, determined by the established evidence they had at time of this decision had to warrant a rating of at least 10%  , on it's own, and not "combined" and thus  'Manifest' the outcome of the decision, under CUE, as erroneous.  I think there were more pages to this rating sheet. And I agree this is for an attorney to deal with.I suggest you print off the thread here on this issue as the attorney might want to consider some of our comments.              

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Objee

Appeals And Rating - I'm Confused

6 posts in this topic

I submitted a NOD and 2 new claims in May '06.

My VSO says they are all at Appeals.

Claims: Sleep Apnea and TDIU

NOD: Hypothyroidism

Will my claims go from Appeals to Rating or will

Appeals handle the whole situation? (The TDIU

needs the NOD and possibly the apnea claim to

hit the 60% or 40/70% for TDIU rating at VARO.)

The only rating I have now is 10% for hypothyroidism.

Hypo symptomatology rates 100% - I expect 60%.

Use a BiPap so apnea should be 50%.

The VARO is Oakland.

Ralph

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Have the 2 new claims been denied or approved yet? If they have not been adjudicated how can they be at the appeals level yet? The claim you sent in the NOD on should trigger an SOC and you should have either gone to the BVA or the DRO route. The claim you sent in the NOD on should split off from the other two and go to some sort of appeals process. The new claims need to be denied or approve first.

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I don't understand this either. If you submitted a nod, claims and a TDIU form I was under the impression that all of the files would go together to work on the TDIU request. Then, if in the process they actually look at your evidence and see if you could be rated 100% P & T without going the TDIU route they would work the new claims then appeals in order to send you a response. Their first duty is to look at your unemployability and keep you from living in the streets, then after the TDIU is awarded you can go and fight for 100% P & T so your spouse and children can benefit and spouse also receive Dependant Indemnity Compensation if and when you pass.

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It's a "VA cute" situation. I NODded my July '05 DL

for all 3 items - hypo, apnea and TDIU based on the

reopening medical opinion cited in the DL as evidence but not

addressed at all in the decision. (I reopened the claim from

'92 in 2003.) The claim opinion doc said I was 100%

permanently disabled due to thyoidectomy, due to ionizing

radiation, resultant hypothyroidism and sleep apnea

secondary to the hypo. VA granted 10% for hypo. Service

medical records aren't important since thyroid cancer shows

up years after exposure. My hypothyroid mental problems

appeared but were not diagnosed as such on active duty.

The Oakland VARO carved the apnea and TDIU out of

the NOD, saying they were new claims. This would eliminate

3 years of retro, so their motivation is clear.

OK, so the NOD goes to Appeals and the claims to Rating,

right? Not in this case and that's what has me confused.

Ralph

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Objee,

First of all, before I can even begin to speculate on what is happening, you need to get your story straight. I don't mean this in a negative way, jsut trying to sort things out, as you said in your first post;

"I submitted a NOD and 2 new claims in May '06. My VSO says they are all at Appeals. Claims: Sleep Apnea and TDIU. NOD: Hypothyroidism"

Then said in your most recent post;

"It's a "VA cute" situation. I NODded my July '05 DL

for all 3 items - hypo, apnea and TDIU based on the

reopening medical opinion cited in the DL as evidence but not

addressed at all in the decision. (I reopened the claim from

'92 in 2003.)"

Apparently you were denied back in 1992 for some condition. Was it for Sleep apnea, hypothyyroidism and IU, or just one of them?? Then you submitted "new and material evidence to try and re-open those denied claims in 2003 and were subsequently denied in July, 2005. When was Hypothyroidism granted, in July, 2005?

You also stated;

"The claim opinion doc said I was 100% permanently disabled due to thyoidectomy, due to ionizing radiation, resultant hypothyroidism and sleep apnea secondary to the hypo"

If I'm not mistaken, isn't thyoidectomy the removal of the tyroid gland? Do you have your thyroid gland? Also, it doesn't matter whatthe doctor said as far as his opinion on what the rating pecentage is. that's up to the RVSR. For what it's worth, according to the VA Physician's guide to C&P exams, it specifically states that an examining doctor should not opine as to the percentage of disability he/she thinks should be awarded. Did the examining doctor make an official nexus statement for the sleep apnea? I'm not sure how a non-functioning thyroid gland can cause sleep apnea, but I'm not a doctor. Having said that, being tired is a symptom of a thyroid gland that isn't working correctly. Maybe the two got mixed up ??

"My hypothyroid mental problems appeared but were not diagnosed as such on active duty"

Are you contending that you should be awarded an earlier effective date??? When did you ETS from the service? Was it in 1992 when you filed your original claim??

"The Oakland VARO carved the apnea and TDIU out of the NOD, saying they were new claims. This would eliminate 3 years of retro, so their motivation is clear"

You need to answer all of the questions I've asked before I can even begin to sort things out and give an educated guess/answer to your questions.

Vike 17

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Objee,

First of all, before I can even begin to speculate on what is happening, you need to get your story straight. I don't mean this in a negative way, jsut trying to sort things out, as you said in your first post;

Sorry about the confused posting.

"I submitted a NOD and 2 new claims in May '06. My VSO says they are all at Appeals. Claims: Sleep Apnea and TDIU. NOD: Hypothyroidism"

Then said in your most recent post;

"It's a "VA cute" situation. I NODded my July '05 DL

for all 3 items - hypo, apnea and TDIU based on the

reopening medical opinion cited in the DL as evidence but not

addressed at all in the decision. (I reopened the claim from

'92 in 2003.)"

Apparently you were denied back in 1992 for some condition. Was it for Sleep apnea, hypothyyroidism and IU, or just one of them?? Hypothyroidism and all other diseases secondary to thyroidectomy. Then you submitted "new and material evidence to try and re-open those denied claims in 2003 and were subsequently denied granted 10% in July, 2005. When was Hypothyroidism granted, in July, 2005? Correct

You also stated;

"The claim opinion doc said I was 100% permanently disabled due to thyoidectomy, due to ionizing radiation, resultant hypothyroidism and sleep apnea secondary to the hypo"

If I'm not mistaken, isn't thyoidectomy the removal of the tyroid gland? Do you have your thyroid gland? No Also, it doesn't matter whatthe doctor said as far as his opinion on what the rating pecentage is. that's up to the RVSR. For what it's worth, according to the VA Physician's guide to C&P exams, it specifically states that an examining doctor should not opine as to the percentage of disability he/she thinks should be awarded. Did the examining doctor make an official nexus statement for the sleep apnea? Yes I'm not sure how a non-functioning thyroid gland can cause sleep apnea, but I'm not a doctor. Thyroidectomy caused hypothyroidism & obesity. Both are causative of sleep apnea. Having said that, being tired is a symptom of a thyroid gland that isn't working correctly. Maybe the two got mixed up ?? The 10% was granted in 2005 for fatigue and medication.

"My hypothyroid mental problems appeared but were not diagnosed as such on active duty"

Are you contending that you should be awarded an earlier effective date??? No When did you ETS from the service? In 1964. Thyroidectomy was in 1981. Was it in 1992 when you filed your original claim??

"The Oakland VARO carved the apnea and TDIU out of the NOD, saying they were new claims. This would eliminate 3 years of retro, so their motivation is clear"

You need to answer all of the questions I've asked before I can even begin to sort things out and give an educated guess/answer to your questions.

Vike 17

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