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'm new to this site, and somewhat novice with claims as I've ignored them since my discharge in 2012, but I have some questions that I've yet to find answers for that hopefully someone can help me with:
In a nutshell, my story is I did my four years, two hellish combat tours to Afghan, got out in 2012, immediately filed my claims for a few disabilities like back and shoulder issues and got a 40% rating total. I've since not looked back as none of that concerns me. My issue now is that I was sent to a mandatory PTSD screening during one of my visits that year, and the examiner kind of went about the thing blase, and although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" as it says in their justification, whatever that means. I don't think they even attempted to listen to me as my experiences were extraordinarily traumatic and have been a detriment to my mental health and quality of life since. And yet I now have an effective date of a PTSD claim from day of discharge 6 years ago for 0%, says it right on eBenefits. I think you know where I'm going with this...
After 6 years of dealing with a slew of issues related to PTSD, I decided this week to start looking into trying to re open the case. My questions for you are.... Would I be entitled to any back pay if I could prove that I've suffered from PTSD since then, and that they made their original decision in error? And if so, how could I go about receiving the exact paper work / medical records from that one specific screening I had in 2012? I've looked everywhere and I don't really know how to navigate either of these situations...
Thanks a lot!
Can you send in info on an appeal if it has Been at bva, but no decision yet? I want my husbands nephrologist to write a little bit different letter, as to why he thinks diabetes has caused his cod etc. I ve been reading a lot of decisions I don’t think the one he wrote will do the trick. I’m thinking I can write it up and he can read it and if he likes it, put it on his letter head. What do you think.i have read and looked up enough of these decisions and read enough publications from pub med, diabetic association, the kidney association to write one. It has to be very explicit on explaining their opinion. Otherwise va will just deny it. For instance it was originally denied because when undated in a cup at c&p their was proteinuria in it. Now they found proteinuria in a 24hr drop. That is why he was sent to specialist. In one of the publications from pub med it says you do not always the same amount of proteinuria, you drop more in the later stages or your diabetes can cause you to drop more at times if it is not controlled. And has anything else the diabetes aggravates the kidneys, and can make it progress even faster.
what do think? Can we still send in another letter to be added to the claim?
If diabetes does not cause kidney problems, why are they always watching their kidney function?
i would also like your opinion on this too. My husbands blood sugar dropped to 36 nite before last. I think he should have went to er. He broke out in sweat all over. And although I’m not diabetic I know how hw feels. I accidentally took his med by mistake in 2001, and I worked at the post office. On way to work candy bars and started shoving them down. I was the first one at work, carrier came in 15min later. I was broke out in sweat too. But I managed to get it under control. Lol. That’s what happened when your in a hurry and he ask you to to bring him his meds. But if nothing else to get that on record. He did tell his nephrologist about it. He ordered some kind of injection that I have to stab him with if his sugar gets so low he passes out. Maybe I will put that in the letter for him. He has had several episodes of low blood sugar as well as high. His last a1c was 9. Something. But I don’t think it has ever been that low..
thanks ahead for any advise you can give me.
and if anyone else wants to chime in. That is ok I’ll take any advise I can get.
i did notice they are now! Before the holidays they were on May 2014. Maybe someone lit a fire under them!
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
I have not logged onto ebenefits in about 6 months. I needed a verification letter for my property taxes.
The date of my last award for IU was changed from December 2016 to December 2017 -
Has anyone else had this happen?
Unable to send a request - IRIS apparently is not responding - with the ability to put in a trouble ticket. It allow the form to be out but will not submit. _ this was on the weekend will try again.
I go to the VA 3 times a week for counseling so I will see if VBA office has a perspective and give an update - Check your date for a Navy "CYA" ( Cover your A$$) If I did not have my last letter with the proper date "printed" out ( old address) I would have nothing.....
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.
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?
Student Loan Disability Forgiveness for Disability (Changes)
Please check out HR1, the new Tax Law just signed by President Trump. It appears, that if you have your student loans forgiven for being permanently disabled, the income tax liability has been removed.
An copy of the law from the text of the new law is provided below. I do not claim to be an attorney, so please interpret it for yourself.
PART IV—EDUCATION SEC. 11031. TREATMENT OF STUDENT LOANS DISCHARGED ON ACCOUNT OF DEATH OR DISABILITY.
(a) In General.—Section 108(f) is amended by adding at the end the following new paragraph:
“(5) DISCHARGES ON ACCOUNT OF DEATH OR DISABILITY.—
“(A) IN GENERAL.—In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income for such taxable year by reasons of the discharge (in whole or in part) of any loan described in subparagraph (B) after December 31, 2017, and before January 1, 2026, if such discharge was—
“(i) pursuant to subsection (a) or (d) of section 437 of the Higher Education Act of 1965 or the parallel benefit under part D of title IV of such Act (relating to the repayment of loan liability),
“(ii) pursuant to section 464(c)(1)(F) of such Act, or
“(iii) otherwise discharged on account of the death or total and permanent disability of the student.
“(B) LOANS DESCRIBED.—A loan is described in this subparagraph if such loan is—
“(i) a student loan (as defined in paragraph (2)), or
“(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).”.
(b) Effective Date.—The amendment made by this section shall apply to discharges of indebtedness after December 31, 2017.
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.
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.
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.