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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies

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  1. Today
  2. Good to hear! Don't forget to donate, since this site was a beacon for you--allowing it to be the light for others now.
  3. Letter dated May 15th but only received it a week later, stated that I have 90 days to submit anything to the BVA, for my "evidence docket."
  4. Yesterday
  5. Ronnieusmc0311 I would not bother with HLR. I would go BVA. If you think you want to get additional medical evidence regarding the nexus, apply with additional evidence. Otherwise, you are saying the VA simply isn't giving adequate weight to your evidence.If you choose additional, get a specialist's opinion to support your PCP. The rational should state specifically what medical articles/findings you are referencing and include them in your appeal, rather than just say "it is well known from literature." In other words, give it to them on a silver platter. I believe you have a good shot, IMHO. Certainly worth a try.
  6. Hello again, I just received my letter for my supplemental claim for Acid Reflex/GERD and it was denied. When I started this claim, I initially tried to link asthma medications to Acid Reflex/GERD. I had an IMO form my PCP. That was shot down and eventually I was denied because the VA had 2 negative opinions, one from the C&P examiner (who wasn't a specialist) and a DR. who was tasked to clarify on the claim. After I received the denial the first time, I filed a Supplemental claim. In this supplemental claim I stated that I believe that my Acid Reflex/GERD could be a combination of medications I take for service connected disabilities (An IMO was provided) I.E.: Lorazepan (anti-anxiety), Flovent (cortecosteroid), Albuterol (Beta-2 antagonist), Long term use of NSAIDS for Migraines, Ketorolac (Potent NSAID) etc. I also mentioned I was deployed to the Gulf of Aden on a West-PAC Marine expeditionary Unit, I told them I was on the USS Bonhomme Richard (LHD-6), which I was. The reasons for their denial: They found I was in East Timor when on deployment and not in the Gulf of Aden (this was only one stop, we ended up in the Gulf Of Aden and DJibouti) they also did not acknowledge that I was on the USS bonhomme richard, they said they could not find evidence. They acknowledged I was in the Gulf. They said no evidence shows the disability is related to a service connected disability, nor that it was claimed while in service (which it was not). Remarks: The VA did not take into account that I had said that my GERD was caused by the many medications I take for service connected disabilities which caused my my GERD. They kept it as I was trying to Service connect my GERD to my Asthma medications like before in the original claim which I was not. They also claimed I did not serve in the Gulf of Aden but confirmed that I was in the Gulf. Here is the letter that my PCP wrote for this supplemental: I am writing on behalf of RONNIE REDACTED, born on 04/03/88 who is under my medical care. I have been asked to write a statement in support of the veterans claim. I have reviewed Mr. Jaques medical history and noted the circumstances and events of his military service, which include his service-connected asthma and migraine headaches. Mr. Jaques has been my patient since July 2019. Per the patients verbal report he has been diagnosed at the VA with moderate persistent asthma, migraine headaches and PTSD. Mr. REDACTED suffers from symptoms of heartburn, dysphagia and indigestion frequently while taking asthma medications Flovent, Albuterol and multiple rounds of prednisone for asthma exacerbations which increases his symptoms. My Patient has also used ibuprofen and ketorolac to control his service-connected migraine headaches for several years. Based on the above it is at least as likely as not that Mr. REDACTED symptoms of Acid reflex (GERD) is a result combination of the long-term use of asthma medications and long-term use of NSAlDs. It is known from literature that beta 2 antagonists such as Albuterol have a relaxing effect on the Lower esophageal sphincter (LES) which contribute to Acid Reflex/GERD symptoms. Long-term use of NSAlDs has also been shown to irritate the lining of the esophagus causing symptoms of acid reflex/GERD. Where do I go from here? Do I file another Supplemental? Do I need more information? what would be my easiest route? Thank you.
  7. The issue is VA won't even follow their own regulations, it is likely that VA will hold your granted claim until they have completed your remanded claim and then process the granted claim with the remand. I Know that is not what supposed to happen but VA has been doing this so often that BVA sent a fast letter out trying to correct the local VAROs but they still do it.
  8. If the supplemental didn’t get you service connected then the HLR probably won’t either. Unless the DRO finds an error in the supplemental claim the he or she will just basically rubber stamp the previous decision. I’m service connected for sinusitis and allergies but I was diagnosed in service with both. Your best bet will probably be BVA. Also, they probably aren’t required to call if they have enough evidence to decide the claim. I filed an HLR and asked for a call and I missed the calls. Sometimes they only let it ring once and hang up and put a note in saying they called. I filed a supplemental with a nexus statement from my doctor and it was approved but they put the wrong effective date. I have an HLR hoping the DRO will correct but it will go to BVA if they don’t.
  9. If you have a PCP where you live or your wife has one you may want to ask them to give you an IMO/IME or what ever you need, just ask that's all you need to do other than letting them know what you need form them and let them know to use the VA lingo like AS LIKELY AS NOT CAUSED BY OR RELATED TOO. TheDr should know what to do and how to write you an medical opinion AS FOR AS THE MONEY YOU JUST HAVE TO WORK THAT OUT WITH THE DR..I WAS IN THE SAME SITUATION YEARS AGO AND DIDN'T HAVE THE MONEY TO PAY , SO I ASK THE DR IF I CAN COME BACK AND PAY HIM WHEN I WIN MY CLAIM BUT UNFORTUNATELY I DON'T KNOW HOW LONG THAT WILL BE ? Dr SAID SURE THATS FINE (THESE ARE CALLED VETERAN FRIENDLY DR AND WILLING TO HELP A VET) BUT LET THE DR KNOW YOU HAVE MY WORD I WILL PAY YOU AS SOON AS I CAN RAKE UP THE MONEY...IF THE Dr WON'T DO IT?? JUST CALL AROUND UNTIL YOU FIND A DR THAT WILL...JUST BE OPEN AND HONEST WITH THESE DR'S AND LET THEM KNOW WHAT YOU NEED FROM THEM. ( A MEDICAL OPINION)..ON WHAT YOUR CLAIMING. IF THIS IS TO ESTABLISH SERVICE CONNECTION THE LET THE DR KNOW OR LET THE DR KNOW WHY YOU NEED HIS /HER HELP. HONESTY IS THE BEST POLICY WITH THESE DR'S.
  10. MAYBE I DON'T TRULY UNDERSTAND WHAT QUESTION IS BEING ASK? IF THIS IS A QUESTION ASKING IF A VETERAN CAN GET A.O. CLAIM BASED ON THE LOCATION OF HIS SHIP? IT DON'T MATTER IF THE SHIP HE WA SON WAS CARING THE A.O. THAT IS EVEN MORE PRECISE EVIDENCE BUT AS LONG AS HIS SHIP WAS WITH IN THE 12 MILE RAGE HE SHOULD BE ABLE OR BE ELIGIBLE FOR HIS CLAIM. AS FOR AS THE TRAUMA FOR PTSD HE WAS A WITNESS TO. HIS BUDDY WALKING INTO AN AIRCRAFT PROP...HE WOULD NEED HIS BUDDY NAME & ALSO BUDDY LETTERS FOR THAT AND THE DATE/LOCATION IT HAPPEN, THAT WOULD BE TRAUMATIZING TO ANYONE.
  11. Hello! I was wondering if anyone knew veteran friendly DRs in Arizona, as a PCP or those who do Evaluations and IMOs? I am aware of DR. Anaise, but I don't have the money to pay for an IMO and he does not do physical evaluations. I am looking more for a PCP (I have tricare prime).
  12. I BELIEVE HE WOULD BE CONSIDERED BLUE WATER NAVY VETERAN AND NOW THEY DO HAVE THE PRESUMPTION A.O. CLAIMS NOW. AND CANCER IS IN ON THE LIST INCLUDING PROSTATE CANCER THE SHIP HE WAS ON AND THE LOCATION WOULD BE ALL HE NEEDS TO PROVE. & MEDICAL RECORDS WILL SPEAK FOR THEM SELF ON A CASE LIKE THIS.
  13. Thank you all for the advice. My background is - Gulf War Vet. Was discharged in 1991. 1992 finally went to VA in Atlanta for chronic sinusitis. Had surgery. Put in pain mess for fever and headaches. Filed claim. Was denied as not SC. Appealed and mom & dad wrote letters saying I never had problems before service in Persian Gulf and disease was related to burn pits and oil fires. Denied again. On and on and more medical evidence, now also secondary sleep apnea and more surgeries. Finally someone told me I needed doc to say more likely than not related to service in the Gulf. Got Dr Bash to write that letter. Re-filled claim denied again. Did not even mention Dr Bash letter and seemed to dismiss it outright. Now at Higher Level review. Not sure why they totally dismissed Dr Bash letter but they did. Hoping HLR overturns as that combined with lay statements from 1996 should be sufficient unless they now dismiss any medical opinions from Dr Bash. Guess I have to wait to see. Was hoping phone call could allow me to make sure they looked at total record from 1992 forward but not sure they will.
  14. There’s no way he got granted service connection for prostate cancer due to AO based on his story alone. As shrek pointed out, the ship need only be within 12 nautical miles of Vietnam. So, if he was on the ship within the correct timeframe, the ship was close enough to Vietnam, and he has prostate cancer then he would be granted service connection. I think even just having AO on board could be enough too if it could be proven that the ship was carrying it. As for the PTSD, if the incident happened on board the ship, I don’t think it would even matter if he witnessed it or not.
  15. The advise given seems to me to be right on. The VA WILL do what it wants to do. That said, if the decision comes down and it isn't adequate, you certainly could appeal. If you get what you deserve I'm not sure I would bother, but that is up to you. If you want to do the back check, there may be guidance in their M21-1 manual. I'll bet there is conflicting directions so they can do it if they want. Or, you know, "may" instead of "shall" kinda thing.
  16. Dec 5th I was granted connection for tinnitus and tenosynovitis which I had surgery for in service. I also have 1 remand issue which is for increase in rating for the scar from that same surgery. Honestly I am just so confused at this point over everything. The VA.gov website says that if my granted issues lead to increase in disability I should see that reflected in 1 to 2 months while the remand is estimated to take 16 to 29 months. The remand instructions said they need to do another exam on scar because the other one wasn't proper and the RO didn't take into account all my VA medical records. The BVA person I spoke to, my Rep and 80% of the Peggy's I've talked to said that my remand and granted issues should be worked separately. They used to be able to see my granted issues separately from the remand but now when I call they only see remand in system and assume they are being worked together.
  17. Look at it this way: Not many people complain when they are awarded benefits. However, if you were denied, and they did not do the requested review, then you can complain about that in your nod.
  18. The main thing would be to make sure that you are 100 percent sure that you know you know you know that the scenarios that you are talking about are the exact same. It is one thing to state that someone is committing fraud it is something else to prove it and can cause undue hardship to a veteran and his/her family. I am only on the side of caution and not sure if you have a hidden agenda because anything is possible. Can you say that you spent every day, all day and night with this individual while aboard? It seems that you are asking question and not sure for yourself. "First I don’t think we had Agent Orange on board and it was premixed as well. We didn’t disperse it or off load it to Vietnam. Am I correct"? I am very curious why you are asking this question, I thought you knew? I don't know you, I don't know this individual but you are asking this board what you should do and even you are not 100 percent sure and you are about to ruin this individuals life. As stated above, VA has to investigate all claims and yes, there are individuals that commit fraud but is this individual one of them? Part of the problem is we veterans open our mouths too much and someone don't like what we say or how we live our lives. Please understand that even your accusation could put this individuals life in hardship, so before you decide to act, make sure you know more than just your accusation. Please don't feel that I am accusing you or attacking you but veterans have enough problems fighting VA. You do what you feel you have to do just be more sure then what you are now.
  19. They don't have to do anything they see as a waste of time. They have the evidence in front of them, and if they feel nothing you can tell them will change their mind, meaning you only have evidence for A and not for B then what is the point of the call? I don't know your claim, but lets assume there is a piece missing. You have the diagnosis, and you have served in the military, but you are missing the stressor (an in service event). IMO the HLR is the worst route to take as it is just delaying he inevitable a trip the BVA. I have this issue with my dercum's disease. it took 5 doctors to finally say what the condition was and the one finally showed how bad it was. My disease has only been decided 3 times in BVA appeals. Now I am fighting to sperate the scaring from my disease as they are both separate issues and both cause different paint and issues of their own. It is funny the judge in my case told the RO not to combine then and then they did and the judge signed off on it. So now I am at the CAVC and so the fight continues. I am hoping you get a good outcome, but the truth is the VA does what it wants. sometimes they do the right thing.
  20. Ok so if you know for a fact he put this information into the VA and have seen it (and he is not just telling a story) then you for sure should report it. Now regardless of how he got the cancer, I believe it is linked to a specific type of cancer? Were you within the 12 miles off shore of Vietnam? What I am getting at with the cancer is regardless of what he said, and the VA is not just one to take some BS story. The VA will verify things to make sure they are accurate. Mixing AO on a ship does sound a bit farfetched. It does sound like he made up the PTSD and you have first hand knowledge of the incident and you know he did not see it. If I knew for sure he did not see it I would report this! I would be careful going down this road, and if you know for sure he is being fraudulent then do the right thing!
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