I have to say I don’t really have a question YET, but I wanted to share my story as It makes for an interesting read. Feel free to comment…
In 1987 I was medically discharged from the Army for Subluxing Bicep tendon Bilateral. I went to the VA and they agreed and issued 10% rating for each shoulder. In 1993 I had a C&P Exam and I was all better so they say and reduced it to 0% in each shoulder. Now keep in mind nothing was on the internet because it didn’t exist and I was young and uninformed so it never occurred to me to get my medical exams. I knew something was still wrong as I lived with shoulder problems since then. Lets fast forward to 2013 when my shoulders were beginning to get worse with the right shoulder leading the way I decided to see a VSO and he opened a claim for my right shoulder. I went to the c&P Exam and the PA found it was Subluxing bicep tendon, he also mentioned that he was looking at my records on his system and said my last exam was 1993, a few months later I received a decision that said they found right shoulder impingement syndrome and shoulder instability and rated each at 20% and left the original Subluxing Bicep Tendon at 0%. The VSO also filled out paperwork for me to get a copy of all my C&P Exams. As time passed I received some of the C&P Exams but not the one from 1993 so I requested it gain by the exact year and received a phone call from a lady saying she cannot find one from that year and she even looked in the boxes in the basement. Going forward about a year or so later my left shoulder began to worsen so I went to a different VSO and they filled out a claim for the left shoulder. After the C&P Exam I went back to the VSO and they printed me off a copy of the exam and opinion and while I was there I mentioned that the VA has misplaced an exam I had from 1993 and after a few clicks on their system they said here it is and they printed off a copy and also mentioned that I shouldn’t tell anyone as they are not supposed to do that. So after reviewing the new exam it said I had rotator cuff tears, shoulder instability, impingement syndrome and guarding all movement of both shoulders. I also reviewed the exam from 1993 and it said they didn’t find subluxing bicep tendon but they did find significant rotator cuff grinding and impingement syndrome of both shoulders right worse the left. I also read the opinion from the recent left shoulder exam and it said it was less likey connected because there is no known mechanism that would put what I have now with what I was discharged for. So like you have to do with all exams I began typing up by corrections to the exam and I also noted that the significant rotator cuff grating and impingement was first diagnosed in 1993 and it was the VA’s responsibility to request at that time whether it was service connected and since it wasn’t done then we have to say that there is a 50/50 chance that the Dr. would have said it was since we cant go back and ask him now and I sent it in. So a few months later I get a decision that says its not service connected and didn’t say way and it didn’t recited any laws or anything like that so I file a NOD while getting the NOD ready I did a search on the internet about Subluxing bicep tendon and rotator cuff tears and found a lot of information connecting the two so I printed off one and also got a Doctor of Physical Therapy to review my records including the 1993 exam and she wrote a very detailed opinion on the connection between the two with a conclusion of its more likely than not directly connected and I sent it all in with the nod requesting a DRO . Fast forward a year or so and I get a call from the VA to schedule another C&P Exam and I could see where this is going so I pick the same place knowing I would get the same examiner. After the exam I download a copy of it and wouldn’t you know I no longer have torn rotator cuff and I am not guarding all movement along with many other things that have disappeared from the last exam and to top it all off they asked the NP who’s certification and specialty is family practice to opine on a statement from a Dr. who’s specialty is the musculoskeletal system which of course she keeps saying throughout her opinion that I was first diagnosed with impingement syndrome in 2015 when it is actually 1993 so now I have to again write and state that they need to change that date to the correct one which is 1993. I can’t believe that people will go through so much effort to not acknowledge a date the changes everything. Its tooo funny and sad at the same time. What’s really funny is that somehow they found the connection in 2014 but can’t seem to find it now.
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.
I have just received my rating for 2 items at 20%..........Now looking at my rate, I noticed that I have 3 in deferment.....My award is the rate for 20%......What does this mean? there is no pending c&p noted on the deferred items. All it did was push my date for those items May 28- Jun 29th 2018 but I will be getting back pay from may 31 2017 for the 2 items they rated me on. But on the other hand I'm looking at this.......effective date of change.....With my other items, plus unemployable which I noted is not even listed under disabilities, but is listed under my claims.. I left out certain items intentionally since they are not what concerns me. What does all this means? Any helpful explanations would be grateful.
Include? Information Value Include the information in this row You have one or more service-connected disabilities: Yes Include the information in this row Your combined service-connected evaluation is: 20% Include the information in this row and the one below it Your current monthly award amount is: The effective date of the last change to your current award was: $269.3 December 01, 2017 Include the information in this row You are considered to be totally and permanently disabled due solely to your service-connected disabilities: No
Disability Rating Decision Related To Effective Date hallux valgus with hallux rigidus, left foot (claimed as left foot condition) 10% Service Connected 05/31/2017 scar, left great toe
10% Service Connected 05/31/2017 posttraumatic stress disorder (also claimed as alcohol abuse, anxiety, depression and mental disorder) Deferred pes planus, left foot (claimed as left foot condition) 0% Service Connected 09/23/2017 seizure condition Deferred
spinal meningitis Deferred Pending Disabilities
Disability Submitted Type Actions Seizure Disorder (related To: Ptsd - Personal Trauma) 08/16/2017 REP Spinal Meningitis (related To: Non-ptsd Personal Trauma) 08/16/2017 REP Mental Disorder (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Anxiety Condition (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Alcohol Abuse (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Depression 08/16/2017 NEW Foot Condition Left 08/16/2017 NEW Ptsd Personal Trauma 08/16/2017 NEW Unemployability 08/16/2017 NEW
I'm currently serving on active duty and have been receiving injections for l4, l5 disc bulge. Today was my tenth injection and I dread every trip to that office. These injections have provided limited relief over a 3 year period. Today the doctor suggested a surgical referral. My question is, does the VA place a specific rating towards the surgery type performed? For instance is x% rating provided to a "disc fusion" if the surgery is a success and no pain remains upon separation/retirement? Can you file a claim and a receive a percentage disability because of the surgery alone? Or is a claim/rating only possible if the surgery isn't a success and pain remains upon separation/retirement?
Hopefully this isn't a silly question.
i've been to the va doctors on several occasions with severe back pains. I've noticed that they never assigns bed rest but will give me a note for time off from work. Can I use the Dr's note for time off under their claim to help me when I file for an increase? Or do I just ask for bed rest.
Is there a way I can service connect my diabetes and my sleep apnea. I have been suffering from sometimes severe back pain from a service related injury. How can I connect the two if was never mentioned in my service records. I injured my back while on a rotation at NTC. After injuring my back i was on a profile for the last 16months, before they Chaptered me for weight control (218lbs). Before my injury I never had a problem with my weight. when I finally got my c-file i learned that i was up for the MEB, but they chaptered me before that. Again, how can I sc diabetes and sleep apnea?
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.
I HAVE A QUESTION!
What is the required form to file a claim under 38 CFR 3.361 "Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program." required by 3.154?
Topic deleted by OP.
OK first off this is my first post and I know from previous sites I need to get down the proper etiquette on a forum so don't bash me to hard. Second how do I get rid.of all the ads on the site? Anyways my question is i am I. The gathering evidence stage had my c n p a 2 months ago and I was looking at the examiners notes . said direct service connection and the diagnosis was clarification of the adjustment disorder assigned in service. I started obsessing over my claim like of most of us all do and as I was fumbling through my records I saw records before I was in the army for mental health showing I had an adjustment disorder. I was on tricare being an army brat so I guess they are all on the system. My question is will the raters see that I had an adjustment disorder prior to service? Did the c n p examiner possibly see that I had an disorder? And how much will this affect my direct service connection ? Would they possibly change it to aggravated? Adjustment disorders last up to six months so mine was technically over before entering the service I just don't no if I will be getting jwrked around and denied for some pre existing disorder they found that is clear and unmistakable.....
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,
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
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.