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    • http://www.va.gov/vetapp16/Files3/1619696.txt ^^^^ That is my decision letter from the bva judge. On ebenefits it is rated 10% for brugada syndrome WITH AICD IMPLANT now they didnt rate it correctly i filed a notice of disagreement an idk if she sent it to the DRO or to the other option... how long do I have to wait for them to fix their mistake another 4-5 years!?
    • Hello everyone,
      It is VA clothing allowance time again. For those who do not know, some new rules were introduced last year.   http://www.benefits.va.gov/COMPENSATION/claims-special-clothing_allowance.asp Additional information about how to deliver clothing allowance claims may be found here: http://www.prosthetics.va.gov/psas/Clothing_Allowance.asp The PSAS handbooks can be found here: http://www.prosthetics.va.gov/psas/PSAS_Handbooks.asp The current version of the Clothing Allowance handbook (dated May 14, 2015) found here: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3112   More restrictive claims This link was posted on Hadit recently, but here it is again with more details
      http://clarksvillenow.com/local/veterans-voice-va-changes-clothing-allowance-eligibility-disability-claims-processing/

        It is important to note that the first part of 6b appears to almost contradict itself. First, they state the treating physician "will re-evaluate", but then they turn around and state that an "annual re-evaluation...is recommended". If the VA denies your request because you did not have an annual re-eval for it, then it might be worth reminding them that the re-eval is recommended, but not required, per the handbook. It is also important to be aware of the "Note:" portion. If the VA asks you to bring in actual damaged clothing, then they are breaking their own rules. They state that "For unusual circumstances...submission of pictures is considered sufficient evidence". I guess this makes sense that it could generate a health hazard if a veteran hauls their damaged dirty laundry and dumps it out at the VAMC's prosthetics desk.     A while back, I found a topic here on Hadit where elcamino_77us posted a PDF VA letter stating off the shelf braces no longer qualify for CA because the manufacturers stated "they do not damage clothing". Others on that topic stated they had to bring in damaged clothing to prove it to the VA. Per the rules (6 b), this should NOT be required. The "do not tend to tear and wear clothing" part is important. From talking with the people at my VAMC prosthetics desk, all of the braces they issued have fabric covering the metal and plastic parts and clothing allowance would not be paid for them. Despite what the VA thinks they know about the braces they give us, I can indeed confirm that my wrist and lumbar braces damaged my clothing due to friction and velcro.
    • Also, before 2003 or 2004 all Mental Health was actually considered Behavioral Health. If you write to you NPRC(mine is St Louis), and you ask for medical records they may not show up, try for Behavioral Health Records.  Good Luck
    • One question--- ( I do not doubt you have PTSD , I just want your claim to be as solid as Buck's was) You stated:  " I admitted to behavioral health hospital and the VA inpatient PTSD program." If you mean the 21 day Inhouse program specifically for PTSD, did someone there apply for Temporary 100% comp for you? Did the VA diagnose you with PTSD in those inhouse records? As I recall my husband's PTSD inhouse records were not with his regular VA medical records. Neither were a battery of Psychologial tests he got when his VA psychologist was changed to a VA Psychiatrist. Someone at the Hospital (this was Buffalo VAMC) filed Temp Comp claims for all of the vets in the same inhouse  program with him.They all had PTSD diagnosis already but one didnt and my husband had 30% PTSD SC at that time. It took a few weeks or more  but they awarded all but one vet  the 100% Temp Comp, less any estabished SC for the 21 day stint. My point is that VA might have diagnosed your PTSD during these hospital stays.Did you get any one month  temp comp check for the PTSD program?
    • To add...I see you had 7 deployments but I did not see any specific nexus statement to your stressor in the DBQ. Maybe I missed it but VA will not accept this diagnosis anyhow. The stressor (s) must be as specific as possible, consistent with your MOS, and with a date as close to you can get so that if JSRRC has to attempt to verify the stressor they will be able to narrow it down. If a veteran does not fall into the 2010 criteria ,then VA will attempt to verify their stressor via Joint Services Records research Center (JSRRC) We have considerable info here on stressors and how to prove them. And what Buddy statements need to cover. Many vets have multiple stressors.You only need one verification of a stressor so best to give the one most easily verified. edited to add... the stressor boxes were checked off on the DBQ but nothing was specifically identified as a stressor from what I could see.You will need to expand on the stressor for the claim.  

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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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