Jump to content

Ads

  • Search

  • 0
Raybob

Results Of Initial Claim

Question

I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

These include:

1. skull loss (due to removal during two surgeries ((but only one when I first filed my claim))... VA states no skull loss, but my surgery transcript clearly states skull removal as a part of the surgery.

2. irritable bowel syndrome (multiple visits to doctors from 2005 to 2009 together with Xrays, MRIs, prescriptions, etc)

3. sciatica (specifically indicated by military doctors on multiple occassions)

There are also other issues but I find them acceptable as not being sometthing to link to military duty (such as skin/displastic nevus issues, Vitamin D defficiency, etc) although they also did occur and got treated while I was on active duty.

I am OK with at least the IBS and Sciatica being non-compensable because the sysmptoms occur infrequently... but the skull loss is documented and that wont change...

But I would at least think that the VA might show them as SC at a zero percent in the event I have future issues with them... all history and symptoms occurrd while on active duty.

Should I be satisfied with the 90% and just leave well enough alone, or should I go back to appeal these particular findings? What do I focus on in my rebuttal when they already have everything in my SMRs?

Thanks for any advice.

Cheers,

Ray

Share this post


Link to post
Share on other sites

Recommended Posts

I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

These include:

1. skull loss (due to removal during two surgeries ((but only one when I first filed my claim))... VA states no skull loss, but my surgery transcript clearly states skull removal as a part of the surgery.

2. irritable bowel syndrome (multiple visits to doctors from 2005 to 2009 together with Xrays, MRIs, prescriptions, etc)

3. sciatica (specifically indicated by military doctors on multiple occassions)

There are also other issues but I find them acceptable as not being sometthing to link to military duty (such as skin/displastic nevus issues, Vitamin D defficiency, etc) although they also did occur and got treated while I was on active duty.

I am OK with at least the IBS and Sciatica being non-compensable because the sysmptoms occur infrequently... but the skull loss is documented and that wont change...

But I would at least think that the VA might show them as SC at a zero percent in the event I have future issues with them... all history and symptoms occurrd while on active duty.

Should I be satisfied with the 90% and just leave well enough alone, or should I go back to appeal these particular findings? What do I focus on in my rebuttal when they already have everything in my SMRs?

Thanks for any advice.

Cheers,

Ray

Only you can decide whether to file a NOD, but keep in mind YOU earned the benefits. You have a year from the date stamped on your SOC, what you can do is get a secondary diagnosis from another doctor and submit that evidence. Also, you might make copies of all the doctor notes pertaining to the IBS and bone loss in your skull and submit them. What I do is use a 21-4138 and list each item I'm submitting along with the number of pages for each item. This lets whoever at the VARO know you have this many items of evidence and each item has this many pages. You have to make it as easy as possible for these people if you want to win.

Hope this helps,

Bergie

Share this post


Link to post
Share on other sites

Ad


Raybob,

Thank you for your service.

I don't know the How, but I would definitely fight it.

The decision needs to match the facts.

Share this post


Link to post
Share on other sites

I agree w/Kelly!!! Get them changed now, as you may have more problems later and it will be much harder, to change, then. Plus, the difference, financially, between 90% and 100%, is substantial. jmo

pr

Share this post


Link to post
Share on other sites

Put in a NOD with Denovo review and you can request a DRO review and can ask for a personal hearing if you want to present evidence to the DRO in person too. Put in for TDIU as you can't work anymore too,right?

Time is money, and waiting makes you postpone getting more $. Any other evidence you may have that has not previously been submitted should be submitted here now too. Denial of skull portion is ridiculous. But we are talking about the VA raters/representatives who frequently miss imoportant things first time around.

Edited by halos2

Share this post


Link to post
Share on other sites

I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

JMHO. Yes. Remember you have until Dec, 2010, to file a "Notice of Disagreement" NOD.

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


  • 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

    • 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
    • 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. 

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

  • Ads

  • 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

×

Important Information

{terms] and Guidelines