Hello all, Thanks for adding me as this is my first post. I am an Iraqi Veteran and left service in 2010. I filed my first claims myself between 2010 and 2013 for Obstructive Lung Disease, Tinnitus, and Polyarthralgia linked to Lyme Disease. For each of those claims, I only submitted VA 21-4138's and articles from medical journals supporting my claim. After Extensive C&P exams, I was granted the tinnitus and the Polyarthralgia, but only service connected at 0% for the lung disease. 2 years later I resubmitted for asthma as the symptoms had gotten more severe and I was now on a steroid inhaler daily. I was then granted 30% for asthma.
Moving forward a few years, I have now developed Sleep Apnea, and after a year of CPAP treatment, I decided to use "Vet Comp and Pen" for help for my claim. With all of my civilian medical treatment records, and CPAP prescription, they were successful at combining my Asthma rating with the OSA awarding my 50%. I filed with the new Decision Ready Claim and within 6 day of the VA made their favorable decision.
A few weeks later I attempted to submit a new claim for GERD through "Vet Comp and Pen". I supplied them with medical treatment records showing an Esophagram in 2006, Endoscopies in (2007, 2012, 2016, and 2 in 2017), another Esophagram in 2017, a Bravo PH Monitoring exam in 2017, and an Esophageal Manometry in 2017. All test show Esophagitis Grade B, Gastro-Esophageal Reflux Disease with Esophagitis, Erosive Esophagitis Stage III, Hiatal Hernia, Diaphragmatic Hernia, and Duodenitis. I have been on Omeprazole 40mg since 2012, and have continual heartburn, acid reflux, a persistent cough, arm and shoulder pain, and worst of all, regurgitation of food, and vomiting acid into my mouth while sleeping. I was attempting to file this claim as a secondary service connection attributed to the daily dosage of NSAID's like naproxen, and Ibuprofen along with the Symbicort Inhaler usage. Unfortunately with all of the medical evidence I supplied them, "Vet Comp and Pen" only instructed me to submit a 21-4138 personal statement and a VA 21-256. Basically nothing was submitted in support of my claim, not one shred of evidence, no IMO, no Lay evidence, nothing to establish NEXUS. I even made three phone calls to Vet Comp and Pen confirming this is what they wanted me to do. Needless to say, after submitting it as a Decision Ready Claim as instructed, it was denied after the VA had it in their possession for 6 days.
Correct me if I am wrong, but I think instead of going through a long and lengthy appeal process, it may be more beneficial and easier to file again as a new claim. This time I will be going through the DAV again but this time submitting a 21-4138 personal statement, a VA 21-256, all of my medical procedures, and plenty of medical journal evidence showing the link between NSAID's, Asthma inhalers and GERD. I am also having my Gastroenterologist complete a VA 21-0960G-1for Esophageal Conditions.
The problem that I am running into is the NEXUS. I was in the Army National Guard from 1996 - 2010. I had Lyme disease in 1998 and had chronic arthritis pretty much from that time on continuously taking NSAID's. I saw a civilian Gastroenterologist in 2006 and 2007 prior to my last deployment to Iraq in 2008 - 2009. Unfortunately being a helicopter pilot in the Army, any type of medical issue had the high probability of grounding you rendering you useless to your unit. I self medicated with Prevacid and Tums until I returned home from my deployment and a friend urged me to see a Dr again explaining the problems if left untreated ie, Esophageal Cancer. I am looking for someone that can review all of my evidence and compose a solid Independent Medical Opinion connecting my symptoms to the required usage of NSAID's and Steroidal Inhalers for my Service Connected Polyarthralgia and Asthma.
Any help, suggestions, and input would be much appreciated.
I appealed for an earlier date for PTSD and Individual Unemployability. I received my 100% December 10, 2010, and appealed to the date I originally applied for benefits (November 2007). I just received the Order approving both but the Order states "It is granted, subject to controlling regulations governing the payment of monetary awards".
Does this mean that I get no back pay - as I didn't receive any back pay - just got the approval from Veterans Law Judge, Board of Appeals. Should I appeal the fact that I received no back pay?
Any help would be appreciated!
I looked at my C-File and the reason they denied my sinusitis was that they said I had no treatment for it in my medical records. In one of my medical records it shows that I told my doctor I had sinusitis. The doctor didn't treat me for it after I told him about it. So the VA says because the doctor didn't treat me for sinusitis that it doesn't matter if I mentioned I had it. At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training. The C&P doctor said also that I had allergic rhinitis. On my last claim I applied for rhinitis and they denied that too. The C&P doctor years before then said that my rhinitis was more likely than not caused during my service too. It's been 5 years so far waiting for my BVA appeal. When I wrote the letter I said "How's it my fault that the doctor failed to treat me for sinusitis when I reported it"? Do you think I'll be giving this sinusitis disability rating or not?
I searched high and low for an answer to this question, and I figured other veterans might be curious if anyone knows the answer, too. When the VA schedules you for a reevaluation of your already service-connected compensable disability, one of the possibilities is the VA could draw the conclusion that your condition has improved and propose a reduction. For that process, the VA is required to notify you of the proposal (this will be by mail, most likely) and afford you time to respond. However, my question is this: most of us use eBenefits to track the status of our claims. When our claim moves to "complete," we go to the "disabilities" tab to see the percentage or check out the VA Letters (i.e., VB8) to see percentages, compensation amounts, total and permanent status, etc. This is usually a week or two ahead of the letter arriving in the mail.
Question: If your claim moves to "complete" in eBenefits, and the VA decision is a -proposed- rating reduction, will the percentages change in eBenefits? or the Letter Language? Will a new claim appear that says "proposal for reduction" or something similar? Just curious what eBenefits looks like when your claim moves to complete and the VA decision is a reduction.
eBenefits is unofficial, of course. :)
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
***EDITED TO ADD RATED DISABILITIES******
I hadn't checked Ebenefits in a while because I became frustrated with the change in open claim status from gathering evidence to awaiting documents are past due. I asked my VSO if there was anything I needed to do and he said that it wasn't at our end, but between C&P and VA. All medical records were uploaded by VSO and intent to file was sent within 12 months of retirement (20 years in Navy), so any backpay would be retro to NOV 2016.
So I clicked on the Disabilities TAB, and to my surprise is says, "You have a 100% final degree of disability".
-All of my rated disabilities had effective dates of 11/01/2016 (except the Not Service Connected).
One had been deferred.........."trigger finger right, tenosynovitis thumb right and tenosynovitis index finger right"
Before I update my profile on Hadit:
- Since there are effective dates, do I assume this will be my final rating?
- Since my claim is still open and gathering evidence (I assume from the one deferment) will this delay the closing of the claim?
- If the deferred item does not effect the overall total disability (don't think there is higher than 100%) would that delay payment or backpay?
- Should I expect payments anytime soon or not expect anything till the deferred item is complete? Is backpay and disability withheld or initialized now since it is at 100%?
I guess I am just looking for a timeline....something like, "Matt, don't even look at that anymore. You have like 2 years before anything hits your account." or "Yup, you should be seeing a payment by next month and backpay two weeks after that!!" (I like that one better!!)
I think it is worse now that I looked at the damn disabilities tab.........I feel like I am assuming too much and am gonna be one of those Vets that stare at my email waiting for the "deposit posted" email.
Here is a screenshot of what is listed on Ebenefits:
Thanks to all that respond and to all that are on here helping. I hope my post helps others find answers as well
I received the third response from the VA GC to the CAVC order to correct my RBA by replacing documents obviously missing and relevant in the RBA from the hard copy of my Medical File OPTR and IPTR maintained by the Medical Division. Apparently they were just dumped into contract warehouses without adequate record keeping when the VA finally computerized the Progress Notes and Examination Records. The Pharmacy records and Lab records have been computerized since the late 1980s making it evident that there should be accompanying OPTR and IPTR to match that were requested and at one time in the Comp & Pen hard copy file but were not there when scanned into the computerized record. It has now been over 45 days since the CAVC issued the Order to Correct the RBA to the Secretary. I'm waiting for another 45 days to make it 90 days, 6 responses from the VA GC without the directed "status report" (only stating they are responding) before submitting a request for court ordered stipulations on what the missing records show. Am I on track for this?
Wats up Vets?I have a question.I had two appeals one has been with the Vlj since 12/09/17 for ptsd increase and another one for irritable colon,exema or dermititis on both feet that status was not even recieved at the board..Well now the second appeal is closed and location at the board .I only have my ptsd appeal with Vlj.Anybody have a idea what happened?Thanks for your help
In 2002 i applied for disability claim with VA and it was 100% denied, then i appealed at the time and several items were accepted and i was given a rating in 2003. Many years have passed by and im re visiting my claim due to allot more pain. What i'm wondering is if i can appeal again for a higher rating along with hopefully getting other service connected issues approved this time? I feel it was done quick and minimal just to get me to go away since they initially denied 4 different surgeries while active duty.
I also have my first scheduled Dr appointment to get assigned a primary care dr at VA in 2 weeks. Wondering if i should cancel that appointment till im done with an appeal? Kind of worried i may be shooting myself in the foot seeing their dr before a possible appeal.
Any thoughts would be great.
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?
The BWNVVA counsel is afraid to bring these actions because “I don’t want to piss them off” [leadership]. My thought is who cares if we piss them off. They have let us hang and denied passage of the Blue Water Navy Bills for at least 10 years. Although discharge petitions have not been very successful in the past, some have done what they intended. The thought of embarrassing the leadership is fine with me. They should be embarrassed! Pissing them off does not affect the outcome of the BWNVVA bill status, because we will lose nothing. We do not have presumptive status. Congress denies us at every turn. Since that is a fact we lose nothing. Perhaps this will turn it around. We can keep begging for our rights for another 10 years, or bring this to closure now. Let it be known that I do not represent the BWNVVA in any capacity.
It's not clear to me whether a discharge petition was used in 1991 for HR 566. I do know there was a suspension of the rules to bring it to the floor for a vote. Whatever you call it, the bill was passed unanimously in both the House and Senate.
"A discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee and usually without cooperation of the leadership by "discharging" the committee from further consideration of a bill or resolution.
563 discharge petitions were filed between 1931 and 2003, of which only 47 obtained the required majority of signatures. The House voted for discharge 26 times and passed 19 of the measures, but only two have become law. However, the threat of a discharge petition has caused the leadership to relent several times; such petitions are dropped only because the leadership allowed the bill to move forward, rendering the petition superfluous. Overall, either the petition was completed or else the measure made it to the floor by other means in 16 percent of cases."
PL 102-4 Actions H.R.556 — 102nd Congress (1991-1992)
Received in the Senate, read twice, considered, read the third time, and passed in lieu of S. 238 without amendment by Yea-Nay Vote. 99-0. Record Vote No: 9.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 412 - 0 (Roll No. 16).
For more information go to
So I had a C & P appointment. I got an attorney a couple years ago after my claim was denied. My claim is for Bipolar, PTSD, and Depression. My attorney sent a NOD a little over 2 years ago and I was scheduled for a C & P appointment. The examiner that I had was the same examiner that I had on the claim I was initially denied on. He basically said "there wasn't anything wrong with me after the service". So I had my C & P appointment and the examiner pulled a note that described me mentioning taking anti-depressants prior to the military. I honestly forgot about this. I have attached the nexus letter which makes a link to the military aggravating my condition. Could someone please explain to me what can happen next? I was initially thinking award. But I'm wondering if they are going to ask for records prior to my military(teenage and young adult)... which I wouldn't be able to produce. I'm kinda freaking out because it seems like the link was made but not in the way I was expecting.
2. Current Diagnoses ------------------- a. Mental Disorder Diagnosis #1: unspecified bipolar disorder ICD code: F31.9
b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): none
3. Differentiation of symptoms ----------------------------- a. Does the Veteran have more than one mental disorder diagnosed? [ ] Yes [X] No c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [ ] No [X] Not shown in records reviewed 4. Occupational and social impairment ------------------------------------ a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes [ ] No [X] No other mental disorder has been diagnosed c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] No diagnosis of TBI SECTION II: ---------- Clinical Findings: ----------------- 1. Evidence Review ----------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS
2. History ---------
Page 26 of 139
a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The Veteran has been married for approximately one year; he said lately their relationship has had problems because he feels his wife has not understood his problems. b. Relevant Occupational and Educational history (pre-military, military, and post-military): The Veteran said he had had eight jobs in the past year. He completed a bachelor's degree in psychology at UCA a year ago. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): The Veteran is followed in mental health at CAVHS. He takes lamictal, prazosin, and lithium carbonate. He also sees a private counselor. d. Relevant Legal and Behavioral history (pre-military, military, and post-military): n/a e. Relevant Substance abuse history (pre-military, military, and post-military): The Veteran reports drinking every day, having two 30-packs over the course of a week. His last marijuana use was about two and a half years ago. f. Other, if any: n/a 3. Stressors ----------- Describe one or more specific stressor event(s) the Veteran considers traumatic (may be pre-military, military, or post-military): a. Stressor #1: hearing a soldier getting raped Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? [X] Yes [ ] No Is the stressor related to the Veteran's fear of hostile military or terrorist activity? [ ] Yes [X] No Is the stressor related to personal assault, e.g. military sexual trauma? [X] Yes [ ] No
Page 27 of 139
4. PTSD Diagnostic Criteria -------------------------- No response provided.
5. Symptoms ---------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting [X] Inability to establish and maintain effective relationships [X] Suicidal ideation
6. Behavioral Observations ------------------------- The Veteran was cooperative. He displayed some dysphoria.
7. Other symptoms ---------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes [X] No 8. Competency ------------ Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 9. Remarks, (including any testing results) if any ------------------------------------------------- The Veteran's symptoms appear to be more consistent with a mood disorder than with those of PTSD. He reported depression while still in the military, but also reported he had been treated for depression prior to the military. In today's examination the Veteran denied depression prior to the military but then conceded it was possible he had been depressed as a teenage, but could not recall details of his depression or the treatment he received. However, the same note indicated that in 2007 the Veteran reported that he had responded well to medication, suggesting that it was possible that his depression was relatively mild.
Page 28 of 139
The Veteran's current bipolar disorder is severe. Therefore, it is more likely than not that any mood disorder present before the Veteran's military service was exacerbated by his time in the military.
Given the Veteran's ability to complete a bachelor's degree, I did not find evidence that his bipolar disorder precluded all employment; however, it definitely makes it difficult for him to sustain employment. NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...