Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
2ndclassvet

Which Way Is Up?

Question

Firts Hi and Thanks for being here and giving whatever assistance I may get.

I am currently attempting to get my rating increased due to increased pain, decrease in work ability(pain and meds).

A quick over view of my trial (at least that is how it feels).

I applied for a re-eval Dec 2007. After receiving an appointment for exam, I got there 15 minutes late. ( I did call and explain construction and being in strange place was reason). Bottom line Doctor wouldn't see me even though I was in clinic when he called me, I was in check in line.

I resisted the desire to knock the old basxxxx on his axx, and went back to the check in. (This was at the Phoenix, AZ VA.) They were not much help, told to call Central Office which I did right then.(My error, not taking name of person...hasn't happened again)

A couple month later received denial letter due to misse appt., Took this to my VFW rep and we did paperwork for new appointment, which I did receive.

Went through this appointment in much pain and bent, turned etc as best I could. (2nd error, I went through the pain; I'm a grunt, we were trained to do so)

I have currently a 20% sc for chronic lumbosctal and 10% for cervical neck strain, final 10% for foot issue.(The foot is not an issue yet)

I received another denial for increase, I was able to bend to far, nothing in doctors write up said anything about me telling him movement felt as if a stick was being shoved up my axx.

I requested(rep did) and we had meeting with DRO. To me seemed like a total waste of time and was dead before it started. The gentelman kept stating that the pain, the leg pain, burning and tingling in my foot was not part of the problem, that they would have to be added. My rep asked if another exam could be done, that was blown off.

This was February 2010. So now I wait......nothing from DRO or anyone.

I sent email by way of VBS website and respone was:

Sir,

You have reached the Board of Veterans' Appeal web site in Washington D.C. Your file is located at the Phoenix Regional Office and your form 9 was received on 11/2/07. Your regional office is aware that you are requesting a Travel Board Hearing. For your convenience I have provided contact information for you.

No clue what that means other than wait some more.

I am looking for any assistance in what to present if/when this happens.

Prior decisions that may be applicable etc. It seems so many things are affected by my injuries and quality of life is in the toilet. Honestly I am feeling for the first time like giving up and hoping for the end.

I apologize for length of this and hope to find motivation to continue the fight and life; at whatever capacity I can.

Thanks

Kevin S

US Army Infantry

Share this post


Link to post
Share on other sites

Recommended Posts

2ndclass,

Welcome to Hadit.

Other's will chime in soon.

carlie

Share this post


Link to post
Share on other sites

Ad


Get a lawyer who does VA Claims. If you decide to go to the BVA you are going to need more help than some dumb VSO. Have you ever gotten your own private medical opinion for an increase. Depending on the VA to grant increases is putting all your eggs in their rotten basket.

Share this post


Link to post
Share on other sites

Welcome to Hadit

Share this post


Link to post
Share on other sites

This is another case of the old C and P exam fiasco which occurrs when a Veteran misses or is too late to take the exam.

I urge all Veterans to ensure they are at this exam even if they have to get there an hour early.

Dont give the VA a reason to screw with your claim and this is a definite reason. The will mess with it through the entire claim cycle now including the BVA who will only remand it back to the RO and then you may receive another c and p exam.

I hate to say it but this little deal may have just added a couple of years to your claim.

J

Share this post


Link to post
Share on other sites

"The gentelman kept stating that the pain, the leg pain, burning and tingling in my foot was not part of the problem, that they would have to be added."

Added? did you formally raise these issues as secondary issues to the SC ones you have now?

This will take medical rationale from a doctor to get the additional issues SCed.

Do you have copies of the last C & P results, your C file and your VA medical records?

Did they use a goinometer at the C & P?

Can you scan and post by attachment here (cover personal info) the decision as the reason and bases for denial?

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

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • 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.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • 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

  • 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
     
  • Advertisemnt

  • Ads

  • 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

×

Important Information

{terms] and Guidelines