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!
Good news, I filed three CUEs and now have three C&P exams. Great news, it's with the VES and not the VA. The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!
My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE? I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake? Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE." However, this is the VA and logic is hard for them.
Last night I was going through my records to get them ready for the C&Ps. While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005. Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!
I separated in 2007 and was awarded 80% for a number of things (listed below) after awards I have never made another claim. Since I got out I've used the VA for some care for my eyes and CPAP gear but not for everything as I have private insurance. Last month on Dec 21st I had a heart attack at 37 years old (turned 37 2 weeks before on Dec 11th) with 1 each 100% blockage requiring a stent. I was not on cholesterol or BP meds and I receive no disability for any cardio related issue. I had an electrocardiogram and my heart looks great with 100% function and my non VA cardiologist said I have to take plavix for a year and likely statins and BP meds for life but other than that no restrictions and no other damage. I read that OSA causes issues including heart attack but I have had high normal cholesterol since I was active duty (ldl 150ish, tri - 100+, hdl 40s, total 210+) and normal BP always.
My questions are:
1 - Can I tie the MI event to OSA? And if so can it cause the MI even if my BP and Cholesterol are not really considered high?
2 - If I have 100% function and no damage is it worth the effort?
left knee strain
left ankle strain status post talar break
right ankle strain
multi-level degenerative disc disease, thoracolumbar spine (claimed as lumbar and thoracic back conditions)
allergic rhinitis (also claimed as sinusitis), status post septo-rhinoplasty
central sleep apnea
Has anyone had any luck with claiming Sleep Apnea as secondary to Hypertension and/or Arteriosclerotic Heart Disease ? My husband has service connection for both hypertension and heart disease and now a current diagnosis and medical equipment for sleep apnea. I've read where VA has approved hypertension secondary to sleep apnea and heart disease secondary to sleep apnea, but not the other way around. If anyone has an archived VA citation in this regard, or personal experience, would greatly appreciate hearing about it. Thanks all.
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By Robert P
I'm rated at 100% for PTSD with MDD with psychotic features, 60% for CFS, 30% for IBS. I had to medically retire from my job back in June of 2014. I got approved for Social Security in December of 2014. I get the SMC based on housebound criteria. My question is do I qualify for SMC L for Aid & Attendance. Thanks in Advance for any help...
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?
Improper handling of 1999 VA Compensation Claim
I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc...
I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union
VA Compensation Claim for Albert Dodd
Dated: 15 June, 1999
Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) **
VA Claim submitted on: 15 June 1999
VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA )
VA Form 21-526 Pg. 7
VA Form 21-526 Pg. 8
VA Form 21-526 Pg. 9
VA Form 21-526 Pg. 10
Authorization and Consent Included:
VA Form 21-4142 Pg. 1
VA Form 21-4142 Pg.2
** ( Notes of Interest ) **
Supporting Evidence Attachments:
1) Certified copy of DD 214
2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) **
3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) **
4) Copy of SMR's to support S/C Claim
** Physical Evaluation Board Decision **
All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999
**** Dept of Veterans Affairs New Orleans, LA ****
Intake of Evidence for VA Claim for Compensation for Albert Dodd
Dated: 18 June 1999
**** Timeline for Review of Evidence and Decision ****
June 18, 1999 VA Claim Received
June 25, 1999 VA Claim Reviewed
July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist )
Rating Decision Pg. 1
Rating Decision Pg. 2
Rating Decision Pg. 3
July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record
July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) **
**** Questions for CUE ****
1) Duty to assist **( Did not attempt to help get copies of Hospital stay )**
2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )**
3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )**
I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.
New here. Found the community through google. I'm still learning to navigate the site, so please bear with me. Searching got me in the right direction but not close enough.
I was recently diagnosed with Service connected PTSD through the VA. I have not done a C&P exam yet. On the same day I was diagnosed with obstructive sleep apnea through a VA sleep study. I've read that there is a slim chance to connect my sleep apnea as a secondary to my PTSD. My VA psych Dr said they aggrevate each other, but a pulmonologist opinion would have more power than his. I've seen some advice from other members talking about letter templates, DBQs and supporting articles. However, I haven't been able to find them here.
I've scheduled a civilian Dr. appointment with a pulmonologist in about 2 week and would like to come prepared with any information I can.
Any help would be greatly appreciated.
I still active in the ARMY. Im been using my CPAP machine for more than a year. I got the machine because the ARMY send me to the hospital because I cant sleep. The hospital exam show that I have a moderate condition. The question is, Can I request another sleep study exam? If so, How long I have to wait? Maybe if my condition is worse I can get a 100% when I get retired.
I had filed a claim that was denied based that it was not service connected. However, I found 3 places in my medical records
that show otherwise. I am already past my appeal cut off date. I am going to put it in again. If they approve it this timee
will they go back to the original start date, or is there some other paperwork for that? Thanks in advance.
Im trying to figure out today why I was denied last time today. I will be talking to the woman in charge again who said my condition isn't severe because I can drive myself. When I applied in June was I was denied since then I have an appeal decided which granted me Permanent and total for my TBI which was just raised to 100% scheduler. What more would I need to show this program to help me and my family my recent C&P my wife explained how she has to be the one to use the GPS or we get lost?I was denied for the caregiver program.
I applied for Sleep Apnea secondary to PTSD (Aggravation). I submitted a FDC on 9/17/17 with the following evidence
Nexus Letter provided by my VA doctor stating " it is more likely than not Mr. xxxxx Sleep Apnea aggravates his PTSD and his PTSD aggravates his Sleep Apnea". DBQ filled out from my VA Pulmonologist stating "Veterans PTSD and Sleep Apnea is at least additive" VA Sleep Study showing Dx of Severe Sleep Apnea. Evidence showing prescribed CPAP from VA Statement in Support of Claim from Wife, and fellow NCO I served with observing my symptoms. 2 Studies providing link of Sleep Apnea and PTSD in returning Iraq/Afghanistan Veteran On Ebenefits my claim status went from Under Review to Preperation for decision without a C&P Exam scheduled. My question, is it possible I provided enough evidence to grant my claim? Or it is just being denied very quickly?
After my initial question in 2013, I'm finally filing and I have more questions than I thought. I've been naive in the past, please help!By jayb5224
Thank You in advance! (First question after reviewing this book I wrote here should probably be, do i need to separate all of these questions into the different subject forums or is this OK ?) I've been procrastinating now for almost 10 years (mainly because of denial, I volunteered, tough guy, I know guys that seen/did worse and horror stories with the VA) and have just this year decided to attack this VA Claims Process. Putting it off for too long and ready to get the information needed to hopefully (fingers crossed) have a smooth process.
I have not filed for anything, have no medical records or injuries documented while active or since (I have just requested my military records from the right place after all these years, because I assumed the VA would have them and keep them safe, so I didn't need a copy. MISTAKE #1, Naive I know) and have not been to see a private doctor for anything. I medicate with over the counter and always have, but have never been officially diagnosed with anything.
Just last month I made an appointment with advice from an amazing local veteran group with a psychologist outside of the VA and she diagnosed me with PTSD. It was extremely hard to even talk to her, I've never talked to anyone about it just denied it or pushed it back. (I know I'll still need a VA exam). I was also seen by an outside, but VA referred hearing specialist and was diagnosed with tinnitus in the 3k range and hearing loss. 6 months after release from active duty in 2007 I was seen at the local VA for hemorrhoids and treated. I have had issues with roids, constipation, diarrhea etc ever since. This is also the only thing I have ever been seen for at the VA. My wife has also complained for years about sleep apnea and me startling her in the middle of the night when I sleep, should I get an evaluation for sleep apnea. She doesn't remember ifI did it when active or not, but does that matter for service connection ?
I have already made the intent to file as of last month and am wondering how I should proceed from the above mentioned. I have not been seen for IBS, by any professional but it reads like that is a high possibility, so do I need a diagnosis from outside of the VA or should I get one prior to filing?
Should I file IBS, if diagnosed under "presumptive illness" (BALAD IRAQ 2005-2006) ?
Should I get on the Burn Pit or Gulf War Registry (Is there anything I should know prior to going to these registry appts) ?
Should I file for PTSD with just an outside evaluation (How are stressors confirmed, all mine are personal accounts and encounters) ?
Should I file for hearing loss or tinnitus or both I served as a firefighter and have read that as being on some list hearing related jobs ?
And finally, Should I file for all of these now at one time or should I wait and do them individually ?
My main concern is going into this and not being fully prepared, if there is anything you believe would aid in the above filings please let me know. I know there is a long road ahead, but I don't see any point in going alone and appreciate you all. Thanks again!
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.
Post clear questions and then give background info on them.
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.
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.
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.
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