By Wayne TX
Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA. I had no intention of applying for it until it was brought up. I went ahead and submitted and it got denied, did an NOD and still sitting in Appeal now. I have not had any additional deviated septum surgeries since filing (2015) and no more clinical indications another surgery is needed therefore MY QUESTION:
(1) Does the fact I have had two surgeries mean anything as far as service connection goes or....
(2) is this just a lame duck I should cut loose since no more surgeries have occurred since 2009.
Final question, if still sitting and waiting on multiple Appeals does dropping one of those Appeals speed the others along any faster or does it even matter? Can those on Appeal be processed individually at any point in time that RO decides to overturn same..... or do they wait until all of the Appeals made and filed together are fully decided one way or another? Just seeking some opinion on this from more seasoned folks in Forum.
This is a "research administration" question and how to include it in my NOD.
I'm completing my NOD, I have physician reports, etc. I will also rely on articles published in medical journals.
When I quote from the journal, I will always state the reference, (of course). But do I need to attach the entire paper in my attachments?
Sounds silly? But my concern is that if I attach only the pertinent page, the evidence will be "disqualified" as being incomplete. The NOD will be about 3 pages, but with "complete" articles about 40 pages.
Filed a claim for Esophageal Stricture (DC 7203) Secondary to SC GERD. Below is result of C&P Exam. Seems pretty straight forward. VSRO asks if Stricture is at least as likely as not due to GERD. Examiner responds in the affirmative. Decision letter mentions nothing about esophageal stricture and continues disability rating for GERD for 30%. Viewed many BVA decisions where 7203 can be rated separately and is not considered pyramiding. Filed for Stricture Secondary to GERD after recent EGD Exam diagnosed me with Schatzki ring and Eosinophilic Esophagitis. Both of which cause narrowing of the esophagus.
MMEDICAL OPINION SUMMARY
DBQ GI Esophageal (including GERD & hiatal hernia):
TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.
The Veteran's esophageal condition is at least as likely as not (50 percent or greater probability) proximately due to or the result of
GERD, currently rated as hiatal hernia.
RATIONALE: EGD Report dated 9/8/17 supports esophagitis which has been
linked to chronic reflux of GERD/hiatal hernia. Veteran has no other documented condition to which it could be related.
supplemental data: https://my.clevelandclinic.org/health/articles/hiatal-hernia
RESTATEMENT OF REQUESTED OPINION:
a. Opinion from general remarks: DBQ GI Esophageal (including GERD & hiatal hernia):
TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.
Is the Veteran's esophageal condition, stricture at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD?
POTENTIALLY RELEVANT INFORMATION:
TAB A: Bedford VAMC Treatment Records, 02/06/2013 to present
TAB B: EGD Report
b. Indicate type of exam for which opinion has been requested: GI
TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE
a. The condition claimed is at least as likely as not (50% or greater
probability) proximately due to or the result of the Veteran's service connected condition.
c. Rationale: Recent EGD with biopsies supports esophagitis which is mediaclly accepted as having a link to hiatal hernia.
TYPE OF MEDICAL OPINION PROVIDED: [ OPINION REGARDING CONFLICTING MEDICAL EVIDENCE ]
I have reviewed the conflicting medical evidence and am providing the following opinion: The Veteran's esophageal condition is at least as
likely as not (50 percent or greater probability) proximately due to or the result of GERD, currently rated as hiatal hernia.
By Wayne TX
Got a question....I filed five NODs 17 months ago....... eBenefits under Open Appeals for these 17 months just said - Appeal Pending -Notice of Agreement received and dated. Well, sometime over the past week days that changed to Appeal Pending - Statement of the Case (SOC) VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veteran's Appeals. I requested a DRO Hearing when I filed NODs. Is this just routine procedure to be sent a Statement of the Case at this stage? I have not received a DRO Hearing date yet?
Topic deleted by OP.
I had an earlier BVA decision where I was granted an increase in my rating. In the decision they did not rate my IU because they said I did not perfect the appeal or something like that. I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC. Therefore they should have taken in consideration my IU claim as well as my disability claim that they rated even though they didn't have the perfected appeal or the form 9 for IU. So I am thinking of asking for a Motion for Reconsideration for this issue and would like to know if there is a certain format for these types of letters or do I just include the laws that were not followed and the evidence? I tried searching for a letter but was not able to find one. If anyone knows any help would be appreciated. Thanks in advance:)
I filed a NOD for being granted 0% for a foot condition on 3/07/2017 and opted to not have a disposition instead I provided medical evidence. I provided this evidence and was required to have a C&P exam. I went to this exam on 07/21/2017 and the doctor went through the DBQ. Today I check eBenifits to see that my appeal went from Appeal received to Appeal Pending - Statement of the Case (SOC) "VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veterans’ Appeals." and I have now have an open claim that gives the status of Pending decision approval.
I know SOCs are not always the best thing to get, am I getting denied again?
US Army Veteran 1978-1984 Rocky Mountain Arsenal
I filed my initial claim 11/2008. It took me 7 years to go before a judge, so in 2015 I was awarded exposure to Mustard Gas, which was in my records. I was awarded 40% mustard gas exposure for prostate, 0% for sinus, 0% for headaches, 10% lumbar, 30% cervical, 10% tinnitus, 0% hearing loss , SMC-K, so 8 service connected disabilities. I have been unable to work for 4 years now, due to chronic problems from those service connected injuries. I filed my notice of disagreement, as well as unemployable and an increase for my chronic migraines, which I'm being treated for by the VA, and have been being treated for several decades. I filed within the 1 year timeline, the proper forms, and it shows 2 pending appeals. One for Unemployability, and the other for the increase for the chronic migraines, E Benefits doesn't show anytime line or where my appeal currently stands. So I called the number and was told the average here in Colorado was 238 days for appeals. Mine is at 10 months now, over 300 days and I'm starting to lose hope and getting desperate watching my home fall into disrepair, which I no longer have the financial means to fix. Any advise would be helpful. Anyone else going through long wait times on NOD in Colorado?
Thanks in advance,
By az arr
In July 2016, I filed for a disability claim. I have been out for over 20 years, it was not until I was refinancing my home last summer that I was told that I could still apply for disability compensation for my shoulder. So I waited over 20 years to make a claim. My military medical records show that I had a major shoulder surgery while on active duty.
In October 2016, my claim was denied based on no service condition and not chronic. Prior to the denial, I was never offered an C&P exam.
I timely appealed in January 2017. My appeal included a medical record to demonstrate the current disability and I requested a C&P exam.
Today (June 2017 - about five months since my appeal was filed), ebenefits states that the status of my claim is "preparing for a decision."
I know, that means I should get something in the mail soon enough, but the curiosity in me wants to know sooner versus later.
Based on everything I have read on the boards, five months is too quick for any decision to be made by the VA appeals/DRO. (If it matters, I am in Phoenix).
My question is a procedural question: If a C&P is ordered, would it be preparing for a decision before the actual exam? Does preparing for a decision automatically mean that the DRO/Appeal has been denied? Or does preparing for a decision reflect that a C&P is ordered?
Follow up: If a C&P is ordered, does it stay in DRO or go back to regular claims track (which are supposed to be quicker?).
Finally, how long after preparing for decision should I receive some notice from the VA? Can I call the VA and will they tell me what the status is?
My claims were closed on 5 Jun. It was obvious that lot of evidence was completely overlooked so I did a letter to request reconsideration. The claims all opened back up the following week.
Does this mean I do not need to worry about a NOD date at this time? In other words, if my claims are not decided by Jun 2018, will I need to file a NOD, or does getting the claim re-opened reset the NOD deadline to one year from the date they are closed out in the future?
The new estimated completion dates are Jan - Aug 2018.
Sorry if this has been addressed before, but I was not able to find an answer anywhere else.
After collecting dust for 480 days after filing an NOD with a DRO, my appeal has apparently entered a "Review" phase. According to the VA rep, the electronic system had a new note entered into my file a few weeks back stating that a DRO had begun to review the file. Can anyone offer insight into how long it could take from here to get to a DRO decision? I understand it depends on what else the DRO has going on and how complicated my appeal is, just wanted to see what others' experience has been.
Appreciate any feedback.
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
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
GlennieHB posted an answer to a question,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.
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.