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  2. @SPO This is probably a good idea as it sounds like you have to craft a large and detailed response this result alone. I don't remember if you have your C-File but I would order a new one, and I would head to the RO and request the DBQ and any communication between VA and the Provider and the notes of the DBQ. keep us posted and put up that letter when you can, including the "Evidence" they used to deny.
  3. Berta, so to get your C-File per your instruction, a couple of questions; 1) do you request it by return receipt requested and mail the request to Janesville, Wi. ? 2) if you have an open claim/appeal, will that in itself cause a delay in the claim or the request for the file?
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  5. I never have enough time to peruse the whole VBM- but they make a good point in the 2018 VBM. As I have advised here MANY MANY TIMES , do NOT use the Freedom of Information act, 5, USC, 552, but use instead the Privacy Act under 5, USC 552, to request your C file. FOIA under FOI Act will add more time to their release of the C file. Your lawyer however would have to use FOIA to get the C file. NVLSP agrees -Use the Privacy Act 5, USC, 552, and actually you should not even need to cite any regulation to get copies of records that belong to you, in the C file... Also NVLSP advises ,if your C file request has gone unsatisfied for 6 months or more- to file a Writ of Mandamus- (and send a copy to the VARO..they didnt say that , I do however,because a Mandamus writ I filed decades ago was denied by the court, but nevertheless, the copy my RO got also got some thumbs out of butts.) I paid the filing fee but they will usually always waive the fee. And it usually does not take the CAVC long to read a writ- and deny it , and very few are awarded, but it is one more way to get your C file if a reasonable period of time has passed without getting it. I got 12 letters and.or phone calls from vet lawyers when I filed my writ- but as soon as they found out it was for Mandamus they didnt want to get involved. However Ken Carpenter was one of the lawyers who called me, and we talked for over an hour re: all things VA.......and he was surprised at what I had done so far without a lawyer, in my FTCA case. It used to be that lawyers only picked up filings at CAVC ( and COVA) with only the claimants name and address and phone number in those days , and they did not have access to what the case filed was all about.Maybe it is still like that.
  6. "Berta, they actually used Dc 5241 on the rating decision but if you noticed they didn't use it anywhere in the letter rated me under the old criteria So do you think I should make any reference to the law requiring them to use the old material why just leave that alone" After reading it all -I would leave it out of the CUE Carmand-you are right-
  7. Here 's the main Patient Advocate's # for Central Arkansas Patient Advocate for the Central Arkansas Veterans Healthcare System at 257-5410. Maybe that should be your first effort to find help.
  8. There is quite a bit to the Arkansas VAMC situation: https://www.littlerock.va.gov/ I have no idea where you feel he should go- You can contact the Central Arkansas VA Health care system via the Contact us button on the left of the page. You will be Asking a question,click on that , and re directed to IRIS and hopefully to someone who can help- You will need a lot of his Military info however-do you have his DD 214 and C file # with you? Or possibly by calling the specifc hospital here- you can get some help on what to do as far as transportation for him goes. John L. McClellan Memorial Veterans Hospital 4300 West 7th Street Little Rock, AR 72205 501-257-1000 Directions Eugene J. Towbin Healthcare Center 2200 Fort Roots Drive North Little Rock, AR 72114 501-257-1000 Directions
  9. You are in a very difficult situation. I agree that one of the Big Six ( DAV, AL, VFW etc) might be able to give you some guidance as to getting him to a VA Hospital. With his type of disability it is obvious he cannot drive.Is there anyone he knows locally to him who might be willing to drive him to a VAMC? I live in a rural area , but am only 20-25 minutes from a VAMC. I donated quite a bit of money to the DAV years ago to help them get a van ,to use for this type of problem and they did get one, and maybe two vans that helped veterans I knew in this area , the way your husband needs help. Try to find out of they can offer something like that for him. Conversion disorder is far different from PTSD. I believe he could get TDIU as Broncovet stated, due to the SC disability he has now. Does he receive SSDI or SSI solely for this disorder? Do you actually have a claim in progress? Make sure the VA knows how desparate the situation is. You might want to call the Little Rock VA, as they might have some sort of van there or have a way to get him transported to the VAMC. Our local VAMC had not only the DAV van but also their own VA van-that picked my husband up with other rural vets and delivered him home, when he was VA Day Treatment.
  10. The results (whether the attorney won or not) is far more important than how nice the attorney was to you. I would rather have a gruff, mean attorney win me benefits, than a super nice one who calls and encourages me 3 times per week, but loses my case anyday. Its been my experience that attorney's dont call us often enough to "research EVERY theory of entitlment I propose". And, frankly, I dont care. I really dont need my attorney to be a psychiatrist or friend. I need him/her to focus on winning. If the attorney presented each and every arguement to VA exactly like I proposed, then I could have done it myself. Instead, he discards some of my ideas, and spins others into winners, and creates his own ideas that I never thought of to win.
  11. Berta, here is the full decision letter (redacted). Also something that just caught my attention is the decision for my right hip. "Favorable Findings identified in this decision: The evidence shows that a qualifying event, injury, or disease had its onset during your service. You reported symptoms of a right hip condition in service. You have been diagnosed with a disability. The prior VA examination diagnosed you with a right hip strain." They denied service connection on this all the way back to 2009, but I'll let you read the whole thing. decision.pdf
  12. Just to add: You are already a successful Cuerino! If I see a CUE in the downloads, I will prepare it for you ,you can tweek it, and it will fly-
  13. If you dont know how to do this, get help. This is a VSO's job. While I have been let down in the past by VSO's, that option beats doing nothing by a long shot.
  14. First, apply for an increase to include TDIU. Your husband (or yourself, if you are taking care of him) also needs to apply for Aid and Attendance if he needs help. You should also tell the VA you "are losing your home and about to become homeless." This may speed up your claim. (Its supposed to..I lost my home waiting on VA benefits, but VA is much better now than it was in 2005, when I lost my home). LET VA KNOW ITS AN EMERGENCY SITUATION AND YOU WILL LOSE YOUR HOME. You cant expect them to help with this if they dont even know about it. Tell multiple people in VA to make sure your claim is earmarked "Homelessness Imminent". If you are doing your claim yourself, send in a 21-4138 stating what you posted. It needs to be signed by the Veteran or representative. If your husband permits you to sign his stuff, then you sign it for him. You may need his POA to do this.
  15. YES SPO you are on the right track. It is a Valid secondary condition. Our IMO/IME forum might give you a better idea of what you need from a real doctor- a non VA doctor. A real doctor with expertise in this condition. But the most important thing you need is medical rational to support that this is secondary to the psoriasis- If a real doctor gives you tht rationale and also uses some excerpts from good medical web site like the ones above-to support their diagnosis of this as secondary, the VA will not be able to adequately refute that. This might be another CUE within the appellate period. They can go so fast, there might be no need for a NOD.
  16. Yes. Check your records to see if your doctor posted just what you said...that SSRI's for your ptsd caused you to have tinnitus, or something close. If his statement is not documented, ask (the doc) to document it. (put it on record that your tinnitus is caused by meds from ptsd.)
  17. A second c and p suggests that the first doc missed something, or it was unclear. Its probably good news. If you lacked evidence, it just would have been denied. A second C and P exam probably means you are only missing "a little" evidence, and it needs clarifying with a second exam. You are almost there.
  18. If your condition is not on the presumptive list, then dont bring that term up. It does not support your claim. Just argue the reasons FOR sc, and, based on what you posted, presumption isnt one of them.
  19. You refute them with evidence that conflicts with VA decision "reasons and bases", that's how. For example, you can, in your NOD, that VA erred by not considering your claim as secondary to psoriasis, and cite that dbq. The VA is required to consider all methods of sc. Its not the Veterans job to determine if his condition is on the presumptive list, or if its primary or secondary. See, for example, 38 CFR 4.6. I like "attacking" VA decisions on multiple fronts, and let the decision maker decide which one is probative. So, you could argue that VA did not consider Secondary SC to psoriasis AND, there may well be another doc who opined favorably for you in your file. You need to get your file and read it to see if there is already evidence, OR just go and pay for an IMO.
  20. Can I include medical information (not specific to me) that says that the two conditions are connected. It seems the statement from my doctor wasn't enough proof for them. I've never had to deal with this so I'm not sure what I need to provide them, a full nexus letter in addition to the DBQ maybe?. What other information would be helpful to you? So far I think I can refute: 1. the presumptive condition issue, by saying its secondary to a service connected condition it doesn't need to have onset during active duty, or withing a certain period after discharge or be in my service medical record. (I also thought that there was a specific list of presumptive conditions, and this isn't one of them. let me know if I'm wrong. 2. They were provided a clinical diagnosis in my DBQ by a licensed doctor. 3. the first line says there was no event, disease, or injury in service. The primary is Psoriasis, which was incurred on active duty and already service connected I don't know how to refute the fact that they didn't chose my doc's opinion over the C&P exam yet, because I haven't read it yet. Please let me know if I'm on the right track. I will scan in the whole decision letter tomorrow. Thanks in advance for all the help
  21. These claims can succeed. "ORDER Entitlement to service connection for nonspecific inflammatory polyarthritis and/or psoriatic arthritis is granted. Entitlement to service connection for psoriasis/eczema is granted." https://www.va.gov/vetapp09/files3/0925539.txt What the Hell do they mean here: " The VA contract medical opinion dated December 15, 2018, was not based on a review of your claims file or an in-person examination. " That right there, if they somehow used that opinion against the claim, might well be a CUE. Is VA paying these contracting firms real money to do deficient C & P exams? YES!!!!!!!! Read the lastest GAO report I posted here yesterday- I am going to write another Bill to send to the H VAC on this. Vets are being screwed and tattooed by very deficient C & P exams. It is an unjustice that causes multiple denials.
  22. There is plenty of medical evidence that shows the link: https://www.medicalnewstoday.com/articles/323672.php https://www.psoriasis.org/about-psoriatic-arthritis https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4206220/ https://www.mayoclinic.org/diseases-conditions/psoriatic-arthritis/symptoms-causes/syc-20354076 It is well know in the medical community but a strong IMO/IME eeds to refer to the best links and abstracts a doctor can find, to boldster their opinion. You can win this. "My doc included a statement in the DBQ that said it was more likely than not caused by/connected to psoriasis." The doctor has to give a full medical rationale, by using excerpts from the above links, and if they are a dematologist they might have even stronger information. "Also the VA got a medical opinion in December 2018, and an in-person C&P exam in April 2019." What was the medical background of the C & P examiner? Have you googled their name? It pays to give an IMO/IME doctor a copy of any negative C & P exam, so that they can attack it, and refute what it says. SPO, they might have committed CUE- in the decision, can you scan and post it here? Cover your C file #, name, etc prior to scanning it.
  23. Yes, Berta, I did find Emerson troubling in that 38 CFR 3.156 B, (pending claim), was not included, but it only addressed 38 CFR 3.156 C (new service records). This is troubling, because it should not matter WHAT evidence was missing from VA...either the service records, or records after service which substantiate the Veterans claim. Both of these suggest the record was incomplete, probably because VA did not do a good job and obtain ALL the records, or, worse, deleted or shreded key evidence. It gives Va incentives to go through our file and say..whoops, there is that nexus..now where is the delete key on this computer??? We dont want to have to award benefits, so deleting this probative exam is easier.
  24. So If I had a condition back in 2004 but I did not claim it until 2013 can I ask for EED for this condition? It was the beginning of the disease, but I had no idea how bad it would get until 2008.
  25. Vinny. You need a good IMO; espophageal cancer is not listed as presumptive to the dirty water at Camp Lajeune. Do your research. Look up what are the best hospitals that treat that awful disease. Read articles and, more importantly, the specialists that write them. Contact them and see if they can write an IMO connected the contaminated water with the disease. It has to cite studies or clinical events that show the connection with contaminates found and they cause cancer. Be sure they say that in their professional opinion "it is more likely than not" the the ec was caused by the water. Have the doctor show his professional resume/credentials showing his opinion is creditable. The IMO is going to cost you some money, but it is probably your best shot.
  26. So I made this mistake on one of mine. It kinda sounds like this RO is just saying it was not linked to service instead of being aggravated by your psoriasis. I made the mistake of saying it caused this other condition with out any proof. File the NOD, but plz post their reasoning here as you will need to refute what they are saying. There are a bunch of things you can do, but we need more information to give you help.
  27. We dont have a lot of (court) history to draw on in the differnces of "old 38 cfr 3.156" and "new 3.156". Notably, as Berta pointed out, the word "Material" has been replaced with "relevant". My reading suggests that "material" requires it be outcome determinative "in of itself". However, "relevant" evidence, a lower standard, could allow the Veteran to supplement the relevant evidence with additional evidence "if" the new evidence would not be enough for an award on its own, but would be with Veteran's additional (for example) IMO. This attorney has a good summary of Emerson, Berta: https://abkveteranslaw.com/blog/2016/8/27/38-cfr-3156c1-requires-reconsideration-even-if-va-has-already-granted-service-connection
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