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    • Look at it this way:  Appeal: You and VA are sitting at opposite sides of a table. Both of you have all of the same stuff in front of you, and there is a genuine disagreement as to what all of the stuff in front of you adds up to. The appeal process remedies the disagreement...whether or not you like the remedy is another topic.  Reconsideration: From your decision letter date plus one year, you can submit new evidence and have the claim worked as a reconsideration of the original denial.  Don't appeal unless the top scenario fits your issue. If there is any form of new evidence available, exhaust the year of reconsideration time that exists first.  -CHD505
    • Buck                PTSD meds and prostate meds are probably the culprits.  You do need a doctor to say that your ED is caused by the drugs you are using to treat your PTSD and prostate meds.  I would try and get an outside doctor who is not afraid of losing their jobs if they were to possibly support your claim for $100.    About half the meds I take would put a horse to sleep.  Get that $103 a month.  You deserve it.  All of us with these drug induced problems deserve it.  Opiates and any of the Benzo's tend to aggravate OSA.  This is what my VA doctors tell me.  Do you have DMII from AO exposure?                John
    • Overpayment letters can come from several sources. There can be overpaid Education benefits, such as keeping benefits from classes not taken or poor self-reporting habits. Overpaid C&P benefits can come from hospitalization with both Compensation and Pension, and usually bad dependent maintenance comes back to bite people on Compensation, such as forgetting to inform VA of a marriage or divorce. Also, overpayment letters can come from unpaid medical bills. The first paragraph of the letter will tell you where the debt was issued from, right before the amount.  -CHD505
    • Well I have Lost interest in sex  B/C of ED, wife trys but not enough  it won't stay erect so leaves her frustrated. I have problems talking like this to my female Dr's  if they say I ain't much of a man because of it  I will be very depressed then.  My  MH Dr (Phyistrist) is a bit rugged  she eyes balls me from head to toe every time I see her.( a flirt) she is the one that would not help me with my ptsd claim probably b/c I show no flirting back with her.  I believe its the PTSD Meds and Prostate Meds doing  it or the cause of it?  before I started taking these meds  I was fine down south no problems with premature or errections. No Dr has said but I never Ask? I have an ITF claim good until Jan 2017  3 months left. was going to file secondary Sleep Apnea  to PTSD but changed my mind on that when my MH Dr mention to me that the Meds I currently take for PTSD Depression / Anxiety, Will not cause sleep Apnea  she up my Anxiety meds about 6 months ago to higher MG and more to take each day if I need them. take as needed. Hell I thought about just taking the whole damn bottle and end this shit. I'll list some of my PTSD Meds on here  but right now I take 19 different Meds.  I need to sort through all my Meds anyway. ........Buck
    • So let us say a Vietnam vet was at a firebase,    support base or airbase that was under ground attack but who did not have 11B MOS.  I guess he must relay on After Action Report.     We had no combat action type badge and since I was not in an infantry outfit I could not get CIB even if I got shot at all day long.  I know back in the day there were vets who claimed PTSD from being under mortar and rocket attacks.  The VA fought this and the vet almost had to get wounded to get the PTSD claim unless he was in direct combat with the enemy.  From what BCMR told me was that a soldier had to be in an infantry unit; have an infantry MOS and have proof that he was in combat eyeball to eyeball to get CIB. 
       





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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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