Ddsr 11On 5/25/2019 at 9:24 AM, dawsonatl said:
Good Afternoon fellow Vets and a Blessed Memorial Day weekend to all. I am a new member and this is the first site I have came upon in order for me to vent. I will jump right into it. I am a combat vet (Iraq) rated at 70% PTSD. I filed for an increased rating and TDIU back in November of 2018 as the symptoms I experience regarding my PTSD were worsening and keeps me from maintaining employment. I left my last place of employment in June of 2016 due to anxiety and constant panic attacks. After a C&P exam for the rating increase in December I was approved for the increase this March of 2019. A second exam for a medical opinion regarding TDIU because of my PTSD was scheduled May 13, 2019. The exam went very well I thought and the denial letter I received confirmed this. The letter stated, "Logistics Health Incorporated LHI examination dated May 13, 2019 confirms that you are incapable of maintaining employment." It also reads, VA Examiners Rationale: Individual has difficulty maintaining concentration and focus on work over an extended period, he tends to skip from one task to another without completing the prior task. Individual has significant difficulty functioning, around other people and has difficulty functioning as a team member and feels uncomfortable around others. Individual has other mental health problems or symptoms, e.g., panic attacks, irritability, suspiciousness, etc that interfere significantly with the ability to work. He has panic attacks and is easily irritated, agitated, suspicious of the motives of others."
And here is the statement where I am totally confused and that got me highly agitated and irate at the time. I feel this was a gross human error and someone just clicked a submit button with doublechecking their work or paying attention to what was stated in my files. It reads, "Although you have been found unable to maintain employment, you do not meet the scheduler as provided in 38 CFR 4.16, therefore entitlement to individual unemployability is denied." I'm at a loss of words regarding that last statement. As I previously stated, I am rated at 70% PTSD and therefore meet the scheduler rating in 38 CFR 4.16. How could they blatantly mess something up so obvious!? It's unfortunate that the decision makers at the VA make things so hard for us and have some of us contemplating going to extreme measures to be heard and taken seriously about our issues and entitlements.
Thanks for reading and any opinions and advice on this matter from you guys would be appreciated.
Dawson please do yourself a favor and get a Voc Rehab Denial Letter. That letter submitted with a TDIU claim is the key. I see you were denied, now apply for Chapter 31 and upon interview tell them all the issues with maintaining employment. If you are truly TDIU then the counselor will deny you into the program and in return supply you with a Feasibility Letter stating you are not able to maintain any feasible employment. Submit that letter with your appeal.
Hello all, i'll summarize the best I can. Submitted a claim for hearing loss % increase and ear infections early 2017. I was already granted connection for left ear hearing loss at 0% and tinnitus. Appeal comes back denied dec 2017 and then NOD process begins. Nothing claim/appeal wise is done up until July 2019 after i submit another new claim for meneirs secondary to vertigo, or something to that extent (VSO did it). The vEarly 2019 i was diagnosed and treated for meneirs from VA ent. Civilian nurse practitioner (arnp) ENT diagnoses and gives me a dqb/nexus statement 51% or greater for meniers. After claim is submitted C&P occurs and she tells me & then i read afterwords a favorable dbq/nexus/medical opinion (whichever the proper term) at 51% or greater it was caused due to my service. MEPS physical shows ears and hearing normal prior to enlistment in 2008. The va responds that they cannot process this claim and it'll be added to my NOD. Issues starting in 2009 and are still current. My NOD is 3 months short of 2 years, granted I just added more info so i understand that. I got the va claims bureau chiefs number here in st.petersburg FLorida and I've spoke to him twice. He told me about 2 months ago I should have an answer in less than 2 months. Two months passes and nothing so i spoke to him again and he then says less than 6 months he is 100% certain I will receive a decision from a DRO, since that is what i selected in 2017. With 2 c&ps occurring after the 2019 claim in august, all paperwork is needed and submitted and i opted out with the option that I have no additional evidence to submit so they can start the process. A few weeks ago I did a congressional inquiry to see what the hold up is after being misinformed (no surprise, I know) by the va claims chief at my RO. I am still on legacy also. I am just confused with all paperwork, medical records, medical opinion, dbq/nexus, etc etc all being favorable, what is the hold up or issue? My claim has been "being reviewed by DRO" since early last year.
My question is has anyone recently did a congressional inquiry with any benefits or opposite of?
Anyone else on here currently or previously filed for meneirs disease or endolymphatic hydrops? How was your process and what was your outcome?
I have been diagnosed with meniers by the VA ENT and also my civilian nurse practitioner. The va has prescribed me two medications for meniers also. I went to my c&p exam in July and am awaiting the update for my NOD from 2017. My c&p exam was done by a nurse practitioner who specializes in ENT. She did no tests on me other than have me stand up and look for nystagmus i believe. None of the above tests were done on me and she granted me service connection. She reviewed all of my charts while i was in and also the reoccurring and progressing issues since 2009. She reviewed all civilian treatments as well and saw the dbq/nexus as well. She said my history and issues are all inclusive of meniers. I am already service connected for left ear hearing loss and tinnitus. I/My vso submitted a claim for vertigo secondary to meneirs, or something like that, in july of this year. They responded and said that they are unable to process that claim due to my open NOD from 2017 which was % increase for hearing loss and ear infections. So now it is all tossed into one claim/nod. As i mentioned, I now have a favorable C&P that i read at 50% or greater for connection and medical opinion in my favor. Civilian ARNP dbq/nexus both in my favor, and being treated and was told by va ENT that i have meniers. Just waiting now to see what kind of shit they try to tell me to not approve me.
Willy P 0
Good Evening Everyone,
I'll make the background story as clear as I can before I get to my situation:
Active Duty 9.5 years, 2006-August 19, 2015.
Six Months after separating, diagnosed with central and obstructive sleep apnea (February 2016).
No previous diagnosis in service, but in 2013 I complained to my doctor about trouble falling sleep, sleep trouble, and starting to snore. He prescribed decongestants to try and open my nasal passages better. I never followed up.
Submitted a claim in May 2016 and included a DBQ, Sleep Study records, and the 2013 doctor's record mentioned above.
C&P Exam went well, and the examiner opined that my sleep apnea was "at least as likely as not" caused by military service.
Va denied the claim in August 2016. I did not appeal because I had nothing else to provide.
Fast forward to present, and I've been realizing that an IMO nexus letter may be all that I was missing. My current doctor will not write one, so I've had a couple of emails/calls with Dr. Anaise and Dr. Bash. Both have offered a nexus letter/IMO and said that I should have a decent chance of getting it approved.
My questions are as follows:
1- Dr. Bash mentioned that I should win a CUE based on the positive C&P and the evidence that I provided that I complained of the symptoms in 2013 while still on active duty. Reading about CUEs has me pretty nervous on this, and I don't want to jeopardize a positive decision just for back pay. Should I pursue a CUE, try to reopen the claim, or just submit a new FDC after receiving the IMO/Nexus letter?
2- Dr. Anaise offered the Nexus letter for about 1/3 of the price. I've read that Dr. Bash was expensive but worth it. Do you think it's worth spending the extra money in this case? Dr. Bash also said he would fill out the DBQ for me.
3- Is it a reasonable goal to go after back pay to the first claim? I figured since I missed the appeals window that I would have no shot, but have seen a couple of success stories on here with CUE or a notice of disagreement.
As I read that letter what I get is that you submitted private medical records but you did NOT have and actual IME w/ DBQ to submit.
The VA examiner is the one who said that while you have those conditions listed by your private doctor and further stated they were not service connected and, according to this letter, provided a supporting rationale.
Assuming that is the correct read of this document, go get your C-File and get that DBQ. Redact it and post it here.
You also want the Letter from the VA to the Doctor saying what to look for and evaluate.
I have been seeing this type of thing since I finally got rated. They make statements like this letter claiming a rationale and when you finally read the DBQ all it says is "nope I don't think it is connected". That is not a rationale, it is an opinion. A rationale requires evidence and a discussion of why and why not.
To be frank you will likely need an IMO/IME with a full DBQ, from a doctor that knows how the VA works. That means a specialist with VA experience and the right credentials.
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