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    • VA CUE Request
      thank you for your replies. Berta: I currently work and plan to do so unless/until I start losing it a little more and I see no other option but to venture into TDIU. I'm in mid 30s and have young kids so I'll need to continue working. Broncovet: My vertigo is usually once a 2-3 weeks but recently had few falls right outside the house which led me to hospital. nothing serious but cuts and bruises at this point but started worry me a bit. VA had me do complete balance test and revealed I have abnormal balance issue. I don't know how to reply back to your question regarding TBI... I'm just out of it most of the times and I try extra hard to concentrate to get things completed that others may not realize. BLUF, I rely on my wife heavily on daily basis. I'm not sure if I'll still be here without her support and guidance.   I last read the letter one more time and I thought VA is recommending to re-evaluate my TBI residual symptoms to include the vertigo? my current rating for TBI is residuals from memory loss and concentration. how should I go about the appeal? do I visit VSO and express my concerns? is it even worth it when it's pretty clear of VA's mistake? thanks a bunch again.  
    • DRO hearing
      How does a CUE work? Does the DRO have to CUE themselves or does a supervisor do it?
    • Is it possible to back date disability pay to time of injury?
      When did you actually get out and when did you file your claims?
    • Is it possible to back date disability pay to time of injury?
      Yeah Kinda figured it was a pipe dream. I wasnt sure if anyone had seen this happen before or not.
    • Is it possible to back date disability pay to time of injury?
      The crazy one here, there are too many scenarios for anyone to properly answer your question.  A lot of our claims are alike but they are also very different. Without knowing how/when  he filed his claim and the steps he took it would be pure speculation on anyone's part to guess.  If and only if you filed a claim back in 2007 and was denied then you found records of your injury and then you filed a new claim in 2012 and was granted service connection then you could request an earlier effective date under CUE but outside of that there is no way VA will back a pay retro payment without a veteran filing a claim.  Even with a veteran filing an earlier claim VA will put the veterans' claim through the wait and see if the veteran miss a suspense date so we(VA) can deny his/her claim.
    • Is it possible to back date disability pay to time of injury?
      I asked him if he knew why/how they back payed him to deployment and he said he didnt know. He doesnt want to ask questions though for fear of them taking the money back. If it werent for the fact that he showed me his bank account with a $50,000+ transfer from the treasury i would think it was bull shit
    • PTSD Denied NSC - Schizophrenia NSC
      to add... These 2 conditions of PTSD and Schizophrenia can overlap as these cases show. The medical term is called comorbid conditions. Mark gave excellent advise…….schizophrenia is a psychosis that falls under the Chronic presumptives, if there is evidence at least of 10% upon discharge. But it all depends on getting all of his records and then obtaining an IMO/IME   “FINDINGS OF FACT   1.  In 1980, VA amended its regulations to include PTSD.   2.  The first communication from the Veteran claiming entitlement to service connection for PTSD is dated April 13, 1995.    3.  The evidence shows the Veteran has had overlapping symptoms of PTSD and schizophrenia since service.      CONCLUSION OF LAW   The criteria for an effective date of April 13, 1994, for a grant of service connection for PTSD, have been met.  38 U.S.C.A. §§ 5101(a), 5110 (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.1, 3.151, 3.155, 3.400 (2011). “   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201318.txt   “The RO received the veteran's new claim for service connection for PTSD on October 5, 1992.  As indicated above, this claim served as the basis for the RO's April 1992 rating action that granted service connection for PTSD, and subsequent, October 2002 rating action that also granted service connection for schizophrenia, and assigned an effective date of October 5, 1992, for the grant of service connection for PTSD with schizophrenia."   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423610.txt”    
    • VA CUE Request
      You may need to appeal just on the vertigo issue alone. (It wont hurt to appeal other issues also.)  How bad is your TBI??  
    • PTSD Denied NSC - Schizophrenia NSC
      I sure agree with Dr Mark here:  "It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently." When I was a vet center volunteer, I observed many vets who were reluctant to detail their stressors and their symptoms for the VA. And I know at least 3 GSW vets who do not consider their GSWs as  a stressor. (Because they had so many more stressors they felt were worse than that)  It is quite possible that he is holding back on talking about Vietnam.I know plenty of vets who have hidden their symptoms when they could. He might have even served with my husband 65-66 out of Danang AB, which he described as a year in Hell on earth. There are multiple indications of PTSD in observed behaviors and the schizophrenia could be even masking them. What surprised me when I worked at a vet center is how many vets there, already compensated for PTSD, would tell me things they would never tell the VA. It often takes someone to draw these veterans out. One vet told me something horrific that could easily have been verified by VA. But he was already getting his proper VA PTSD comp. I told him I felt he should bring it up with his VA shrink because he suffered from it with flashbacks and nightmares. Sharing and Getting things out in the open makes it so much easier to deal with it.But he said he could never tell his VA shrink about this horrible event because she was a woman.I reminded him, I am a woman and he had just told it all to me. PTSD has some unique symptoms. Did the VA give him the Combat related MMPI?          
    • VA CUE Request
      Well, they are proposing a reduction from 80 to 70, they say, because they made an error and paid you twice for vertigo.   I agree their explanation does not make sense.  Vertigo can be a symptom of ear problems, or of TBI.   How frequently do you have vertigo?? Here is 38 CFR 4.87, in reference to Vertigo: 6205Meniere's syndrome (endolymphatic hydrops):   Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.

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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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