Jump to content

Ads



How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • Advertisemnt

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Search



  • 0
Sign in to follow this  
pete992

Airborne

Question

Pete,

I will check with my ROI again just for kicks. It was not an issue that I thought too much about.. there are bigger issues at the VAMC.. what I really needed at the time were MRI records, but they would not release any records that were even part of it..

I actually believe legally they can hold your records, that are part of evidence, until they decide the claim. After all a claim is a legal action against the VA. The FOIA and right to records exists at all levels of the federal government, but it is not instant access, nor unlimited.

. . You have split this point correctly, and it is a key point. I have seen it echoed on this board over and over that get your claim file and c&p results right away.. But really there is no point until after your decision comes back. People don't want delays, yet they do everything possible to create their own delays. ( I actually tried to get my claim file while it was being decided, and the VARO told me exactly what I needed to do.. But they warned me, it would add a 5 month delay. )

I understand you have a strategy, and you know the system.. I had a strategy even before I let my wife file the claim. And my strategy worked. I have not filed claims I should or could, but I will in a few years if I have too. Luckily at my VAMC they have some highly respected docs in a few areas, that diagnosed me, and the C&P docs just took their findings.

I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).

Edited by pete992

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).

Well my patient advocate is worthless. I just go to the supervisors. I had a new clinic open within 5 miles from house and they said I could not go there, and the waiting list was years until I got in.. There are alot of retired in my area, so alot of elderly vets go for the cheap medication. But they are not service connected, just fall under the GMT and are in group 8 or 7 or whatever.. I went to the patient advocate and she just gave me a line of b/s, and smiled and said have a nice day...She didn't make a single phone call, just was the goodwill ambassador for the hospital. The real issue was that I could not get travel pay because they opened this clinic..

So I went to the supervisor of enrollement and complained.. And I got into the clinic that day.

It is good to hear that it was just incompetence at my ROI and not something everyone deals with.

Question for you is this, if they are VA records, the raters and c&p docs will get them anyway. Or is that not the evidence you are forwarding to them?? . And maybe it would not trigger an actual c&p, it might just get passed along to be reviewed by your C&P doctor. Is it evidence to prove the nexus of the claim or to prove the level of loss?

Either way my C&P doc told me that it the turnaround is about 3 months from the date of the C&P. I had quicker turnaround then that, but the secondary claim was fully developed by the time I filed for it..at least for the most part.

I basically did a real simple first claim, just to get the service connection for the issue that was clearly documented.. ( i had evidence from my SMR ). and that I had a complete treatment timeline from the day I ets'd to the present date. Then I had to work on the other issues later. It is a psychological thing, getting your service connection. Once you get it for one thing, then the other claims are not as intense, just waiting.

I think as long as the veteran undeerstands that sending in paper X creates another 60 day delay in their claim, that it would help in alot in the public relations side of the VA.

Share this post


Link to post
Share on other sites

Ad


In my case I have several direct related service connected disabilities and several secondary. My clams now are for a direct injury and two secondary conditions. Reference to my injury the C & P doctor did not give an opinion but stated the already known facts, but the new evidence is my latest MRI that shows I have a bulging disc in the upper part of my spine where I fell on in the military. As for the two secondary conditions the C & P doctor says they are related but not to my claimed condition. In other words he feel they may be service connected but not to the current claim I am trying to win. The evidence I have is not VA, just research I have of the relationship of my disorders. Basically, problems with my neurological system is causing problems with my respiratory system. VA accepts medical research as part of evidence linking connection to disorders but I think, once they review this evidence they have to request a medical opinion to verify or refute that it is actually related to the individual's situation. Or VA can award service connection based on the over all condition of the veteran. This is a remand so if they deny them, It must go back to BVA and they will either uphold their decision or remand it for a medical opinion. I know this may take a while but I have been waiting since I filed.

Edited by pete992

Share this post


Link to post
Share on other sites

I spent monday at the VA and never got to the ROI... Though I did see my records on computer during one of my appointments and noticed that my last C&P in march is restricted.. I assume it is because it is a MH C&P.

If you have a bulged disc and peripheral issues from the nerve damage, get an NCV/EMG study.. strong evidence.

I have alot of neurological problems so I understand your situation. Sounds like your Neurologist at the VA is not helping your case too much.. I am fortunate, my neurologists are excellent and have at least been sympathetic with their diagnosis and have helped my claims.

Good Luck and let me know how you make out.. Sounds like you could be facing a year or more

Share this post


Link to post
Share on other sites

I think I stated somewhere that my situation is unique, I have a VA rheumatologic that is treating and helping me. my service connected fibromyalgia can also be aggravating my spinal injury but this is not part of my current claim. As for medication/operation there is nothing they (Neurologist) can do. Medication does not help my pain and my condition is not operable. My neurologist told me about six years ago I just have to live with the pain. My rheumatologist told me that there is no magic pill for me. He has tried everything but the medications he has prescribed me makes me sick and I end up in the hospital because my body can't tolerate them so I am stuck. My claim is currently at the rating board.

Share this post


Link to post
Share on other sites

I wish these doctors who tell you that you just have to live with the pain were suffering like we do. I interpret this doctor's statement as he does not know how to help you so he tells you to suck it up. Let him suck it up or suck something.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  


  • Advertisemnt


  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Latest News
  • Our picks

    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • e-Benefits Status Messages
      e-Benefits Status Messages 

      Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
      • 0 replies
×

Important Information

{terms] and Guidelines