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  • Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury

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    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 11 replies
    • In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO
    • My claim went back to gathering of evidence after I had my second c&p exam for tbi initial. My vso the Dav said it was a dbq to differentiate the symptoms of tbi and PTSD as far as social and occupational impairment. I recieved at least as likely as not on all exams, PTSD, both tbi exams. Has anyone experienced this or know what it means? Is this a good sign my claim will be granted ? Thank you.
      • 21 replies
    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
      • 2 replies
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
      • 61 replies

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  2. Here is wishing you good thoughts DoctorEvil,,,, there is a bad joke in there someplace..hmmmm My VSO is useless as tits on a hobby horse... maybe yours is better. As I posted in a thread recently she told me flat out ".....I work for the VA..." DERP DERP DERP gee I thought I gave my POA to the American Legion not the VA....you can guess I am not amused.
  3. HI, Okay we are shooting in the dark here. For us to give more on point responses we would need more information. Please, collect all your award and denial letters for every claimed condition. collect the DBQs for each collect your claim for A&A and the C&P DBQ. redact all your personal information from them. then post them here so we can review. you don't need one. read these links https://www.law.cornell.edu/cfr/text/38/3.351#c_3 https://www.law.cornell.edu/cfr/text/38/3.352 not a word about needing a 100% single rating to get A&A. really? that would be interesting to find out their justification. A&A is based on your NEED as caused by your SC conditions. Each case is evaluated individually. you come here and ask for help. Post the things I suggested. make sure to really black out your PII, we want to help you not reveal your personal information to the internet. I cannot promise we can give you a solid answer, but without the basic information we cannot offer you much of anything but emotional support.
  4. just to clarify my point, SOME of them are SHAMS... but most are businesses. In fact Chris Attig runs a business, a Law Office. I should have been more clear about that. He just actually works for veterans instead of just lining his pockets. He has experts in his rolodex too. bury that silly idea fast!!! before sun down.. make sure the head and tail are in separate holes or they grow back together.......wait that is diamond back rattle snakes....yeah I am from the south. IMO you can and should do most of the low level grunt work yourself. I think I gave you the link to the NLSVP training...it is a better use of money for that 150 bucks than just handing paper pushers a chunk of your back pay. Hold out the paid legal help until you get to the BVA or higher. Just my OPINION. you are welcome here, as is your wife and son. we are here to support each other, and if they are working to support your claims then in my opinion they should be asking questions too.
  5. My hearing aid from the VA has little impact on my ability to hear, BUT when in and on, even at the lowest setting, it pushes my tinnitus way back into the background. I still don't hear much out of the ear but the damn ringing is far in the distance and faint. I just did another VNG,,,,long story posted elsewhere here. The Seattle Dizzy Board, i kid you not that is it's name, ordered it. All my ear-parts (lol) actually function as they are supposed to but I still have Vertigo, Hearing Loss and Tinnitus. According to them, that is actually typical in veterans with PTSD who also have HL, Tinnitus and Vertigo. According to them it is no clinically Meniere's but one of a dozen other types of Vertigo and of course they want to test me for all of them. I however am putting in for Meniere's since none of the others include my drunken gait and grant 100% on their own LOL. I want to be at 260% just to dig it into them.
  6. while you are probably right, without seeing the full DBQ I cant be sure but a rational reader could ask, Is that what you are implying Dr? If not then who is? the implication (see what i did there?) of that word is that someone conveyed information and opinion too him and he is taking it as medical record. Maybe just a quibble..you will have to decide really? so "always" is a flat out lie? it is certainly not a medical opinion based on facts. Don't let anyone kid ya, that kind of mistake ain't supposed to happen. that is good. but the real question from me at this time, is are you sure that attacking them over this issue is in your best interests? from all that posts so far, it is unclear to me if that benefits you or opens the doors to harm. I am not trying to dissuade you from a CUE, I am asking if you really want to challenge the basis for the SC in the first place? I really hate the babble about opening a can of worms because VA jumps on it to downgrade your award. ....That said in this case I see a potential for that that is serious. I will bet, but cannot prove, that some jackhole rater at VA will read your CUE and say "gee his original award was based on fraudulent information.." and then the games begin. Would they win? I don't know and won't guess. What I will say is I see that as a possible path, a seriously possible path and want to make sure you are aware of the potential. you certainly don't have to tell us here, but is the value of whatever back pay worth the potential harm? If it is, then maybe consider checking with a Vets Lawyer before filing that CUE.
  7. Today
  8. File a NOD, and dispute it. Most of us are denied, more than once.
  9. Yesterday
  10. @Galen Rogers, I filed an NOD in February through my VSO who faxed the paperwork in. It took several months (three) for the NOD to show up. Do not get in to too much of a hurry though. Once they got it posted, it says 10 to 36 months to process. I bet you can say which is correct. I am in this for the long haul.
  11. Exactly, I am in Florida and some of the county appraiser offices are well less than informed and you have to file the correct paperwork and there is a deadline in Florida to file it, not sure how it works for when you buy during the year, etc. which is why I advised to call.......
  12. msvj3 Tough luck man. Sorry to hear you were denied. Have you evaluated ALL of your existing disabilities and compared them to see if they might be eligible for an increase based on a worsening of conditions? Is there anything else you might put in for? If you are 100% combined there are a few elders that really know the dance for SMC's and maybe they can pick up here. But I can offer one piece of advise: don't give up, don't ever give up. Don't let the bas---ds win! You didn't go this far to give up now.
  13. are you at 100% rated? I was under the impression A&A were under a difference set of guidelines? I could be wrong, but if it is this bad then there is something else. Someone else here probably knows more!
  14. When you apply for Temp 100% and it is approved, will it actually say Temp 100% on eBenefits under your disability? Thanks for any information!
  15. @GeekySquid you have a keen eye. I think this was one of those C&P doctors who types with one finger and in all caps. Lol, no. One important factor is the current 20% rating has been in effect since 1995 (24 years), so it is be protected by the 20 year rule. I have a mountain of in-service medical treatment evidence. It is very clear that the condition increased in severity and in the number of treatment visits while in service. The VA has treated me for it since I got out in 1995. My situation might be like this veteran's situation. The veteran self-reported having eczema and was found to be normal at the time he joined. The first objective indication of having it appeared while he was in the service. He won direct SC. His case was for initial SC though, not correction of a rating percentage. Maybe the VA should have originally treated mine as a direct SC issue instead of aggravation. However, the issue of direct vs. aggravation is probably moot now because of the 20 year rule. Makes me wonder if I should even bother including the part about normal at entrance and presumption of soundness.
  16. I feel distraught. What do you do when you need help, but the Va says you don't hurt enough and denies your aid and attendance? They rated me as !00% combined but said I don't meet the criteria for smc aa. They said my medical record show I require some assistance with bathing and other hygiene tasks, my service connected conditions do not meet criteria for a grant of special compensation based on the need for an aid. In order to be eligible, my service connected disability must be totally disabling and be the sole cause or contribute to the need for aid and attendance. I have no service connected disability evaluated at 100 percent. They said if I had disabilities resulting from the same disease process and/or certain combinations of primary and secondary disabilities, they could consider that. But in my case, everything for my back adds up to only 90%. They said they couldn't add the fibromyalgia 40%, depression 70%, or neck 10% into that formula. I've been shifting from crying to being lifeless for the past week. Where am I suppose to turn for help now? What am I suppose to do? I think the worst part of the rating, is that it feels like someone got an in dept look at my life and screamed back at me, that nothing I am going through is taken seriously by any one.
  17. I recently filed a claim to increase my service connected sinusitis, which is currently at 0%. My claim was filed 14 APR 2019, and was closed/denied 07 AUG 2019. Upon reviewing my files, the litany of evidence that I submitted to support my claim, which included records from my PCP and ENT showing were I had been to the doctor multiple occasions over the last two years, and where I was diagnosed with Chronic Sinusitis and Recurrent Acute Sinusitis just disappeared. I had also submitted a sworn statement from my fiance where she detailed my how many sinus infections per year I have experienced, along with describing my symptoms. Keep in mind that sinusits is rated based on the frequency of occurrences; either incapacitating or non-incapacitating. My evidence shows I have enough instances of both to be rated at the 30% level, not taking into consideration extra-scheduler ratings. For what ever reason, they did see one document, which was from my ENT, where the diagnosis is very clearly stated and the document contains the same information that would be articulated in a DBQ. Nevertheless, the BVA ignored my ENT's statement, and they went with the only other evidence they had, the C&P exam, which was conducted by a GP, not an ENT, and lasted a mere three minutes. I was able to have my VSO obtain a copy of their denial on 8 AUG, and I submitted a supplemental claim with the original evidence they lost/failed to review on 9 AUG. On 22 AUG, I checked VA.gov and saw that my claim was closed. It now states "The Veterans Benefits Administration made a decision" and under issues states, "Currently on Review - Compensation issue." To me this seems extraordinarily fast; only 10 working days. I think my case is strong, and at a very minimum I should be rated at least 10%. I would like to think they saw the evidence and adjudicated the case quickly. Neither eBenefits or VA.gov has any information. My AB8 has not updated and my rated conditions have not changed. I hoping that eBenefits is slow to catch up, but I'm not optimistic. If the VA weighed the evidence properly this would take me from 91%, with a bilateral factor of 2.7 to 100%, as I believe that I qualify for at least a 30% rating based on the frequency of my condition. Since its the weekend I'm now waiting for the BBE to appear, or not. Hopefully, the VSO can shed some light on what has happened.
  18. Hello members, Just wanted to introduce myself. I put the cart before the horse so to speak by asking a claims question on here before actually introducing myself. Afterwards I thought well that was not the right way to go about it so here I am. (LOL) I joined the Navy in February 1980 (6 months before I graduated High School) I was in Naval Aviation (as a mechanic) a total of 24 years. the first 4 years as a Reservist stationed at Naval Air Station (NAS) New Orleans at VP-94 (P-3 aircraft) . In 1984 I went Active Duty (TAR Program) and went to VF-101 (F-14 aircraft) NAS Oceania in Virginia Beach VA for 4 years. Then from 1988 till my 2003 retirement I was stationed again in the New Orleans Metro area. 1st NAS New Orleans at VA-204 A-7 aircraft for 3 years then transitioned to F/A-18 aircraft for the other 1 year. 2nd Naval Support Activity (NSA) New Orleans as an Instructor at Naval Reserve Management School for 4 years. 3rd NAS New Orleans (Reserve Aviation Intermediate Maintenance Department "RAIMD" Nondestructive Inspection Technician for 4 years and 4th NAS New Orleans at VR-54 (C-130 aircraft) as Squadron Safety Petty Officer for 3 years. So yeah I am what is known as a Homesteader! Joined local Volunteer Fire Department as a Rookie and was able to advance up to Lieutenant of 1st out pumper. When I retired I myself and a VSO put in for my Sleep Apnea for which I had been sleeping on a CPAP for over 10 years at that time. For some reason I did not put in for the other items I was eligible for. Was granted 50% disability for Sleep Apnea and never thought to put in for the other items that I should have. Fast forward 15 years and now a lot of those other items have caught up with me and have caused other medical/health problems. Have now decided to go back and put in for all this other stuff along with secondary items associated with them. Thing sure have changed in 15 years as far as applying for VA Disability. I even asked a question on here "Use a company or Muddle through the process" to which I have gotten a few good reply's and am looking for more ideas. I think as I look over this Forum there is a lot of good information so I believe I will be around for a while and if I can help anyone in any way please let me know. Look forward to meeting and communicating with everyone. Thanks, David Fellows
  19. I never saw a status bar? can't find it,,,,, gave up looking... but yes, thank you.... good too know it is not frozen forever...
  20. No, but you can call Peggy, which is the overall catch for info. 800-827-1000. Plan to be on a while., and unfortunately, I can't vouch for accuracy or timeliness of info told to you.By the way, part of the problem is you are likely going to get these roadblocks because you used the "old" system, not the one currently in place. The folks at the VA will probably do that again and sidetrack it. Can't walk and chew gum at the same time; more than one option, and they get confused.
  21. Just go with the flow. If you have to sign a form , so what. The procedure is that they probably will make a copy for you, but whatever. Nothing to worry about. Sometimes you have to make an appointment with them but from what you said, it doesn't sound like it is needed. Just be polite.
  22. Thanks for the replies and ideas folks. As my Grandma used to say "If the Lord willing and the creek don't rise" I have plenty of time left on this earth to enjoy my Grand kids and and work on the disability claims and other things I have going on I hope! (unfortunately we never know when it's time) Just to clarify I did not mean to say/imply any of these companies are shams or money sharks even though I stated "Or are they just a sham" . I guess I speak/write without thinking some times! They are very useful in some cases and in some cases they are a godsend. I was mainly just trying to find out for myself (or to convince myself) if it would be better to use them or just make a go with myself and a VSO. The problem is the time required to do all the leg work that I read needs to be done these days. At this point and time in my life I have more money than time, so to speak. NOT THAT I'M RICH, LOL. I just have so much going on from sunup to sundown But I /my family do make it month to month so I kind of looked at one of these companies as the magical unicorn (hand it over to them and let them do all the leg work, pay them ) then Boom! my claims are approved! I know it's a fairy tale but sometimes it's too easy to fall into this way of thinking. As I think on it I know deep down that no matter which route I take, it's going to take time and patience. I did talk to one company on the phone and explained listed most of the stuff medically wrong with me now and some of what is in my service medical record to support it as a primary. They asked some deep questions and sent me some forms to fill out on mental/PTSD experience only and did not say much about the other stuff yet. I think they want to try for the non-combat PTSD first since it has the chance for the biggest increase in my disability compensation which in turn will make them the most money. To me I think I should go for mental/PTSD also, but I should also go for the items in my medical record that have worsened over time and I should have put in for on my original claim (a lot of 10% items). Well I am going to discuss this info over with my wife and grown son this weekend and make a decision by Monday. I want to again thank you folks for your input it helps a lot and no matter which way I go I am sure I will be back here to ask more questions and hopefully after I learn more to answer questions for others. I guess now that I have decided to become a member here I need to go back up and formally introduce myself. Which I should have done to begin with! Again I can not thank you enough for your responses and look forward to talking to you folks down the line. Have a Fine (Insert your service) Day! David
  23. Ok I call the 1 800 they tell me I have to put in writing to receive it. Ok if I go to ro an request it will they get it out my file. I don't want my file move of the dro desk. it almost 60 day he told me I would have the decision lol I dnt have vso heard they ask it just print out. Anybody every got a copy straight from the ro
  24. Howdy all. I mailed my NODS in and received receipt confirmation. The VA received my NODs on 10 Jun 2019. I followed the Legacy process due to my decisions being prior to the 19 Feb 2019 cut off date for the new process. I have called the VA a couple times now. The NODs and supplemental claims show up in their system but are still not listed on VA.gov. First they tried to tell me that I filed incorrectly with the wrong forms until i reminded them of the guidance listed on the VA.gov website. They looked it, agreed with me and then added notes to that effect and said the NODs are being looked at. I have asked why they don't show up in VA.gov and they have no clue and send me to the Ebenefits help desk. Of course they state they have no visibility of VA.gov and I need to contact that help desk. I am unable to find any number or other contact info for them. Does anyone have the contact info for the VA.gov help desk?
  25. I get the same screen and slowly march toward the end. Mine was decided by a Judge on at the end of October, 2018 with several granted conditions and two remands. However, the grants have not been "granted" at the local VA level, and waiting for a new C&P on the two remands. Meanwhile, the little status bar now moves at a little under a hundred appeals less in front of me per day.....still have like 43K in front according to the status bar. Good luck! Mark
  26. As Geeky said, it is pretty hard to get a 10% rating. It's the VA ball and they make the rules. I have a 10% rating and I swear I can't hardly hear anything. You are aware that even with 0% for hearing, you get hearing aides as a S-C disability at no cost to you? My tinnitus isn't that hard so I usually can weather it out, but the VA is supposed to have some pretty awesome hearing aides that help to subdue the roaring in your head; you may want to check it out. And this is just my opinion, but from what I have seen, they are more apt to be lenient on this issue if you show it really bothers you and you go for extra assistance and later go for a re-eval. JMO, and I'm not saying it will happen to you but I've seen it. Veterans sometimes get a break going back after a few year. I mean, if your hearing isn't bad enough to get you comp every month but it is bad enough that hearing aides help you, not much of a leap to say you pretty close on the hearing table.
  27. Hi Eddie. Good advise from Bronc and Geeky. To go along with their theme, this is what I tell veterans looking for an increase. First, get a copy of your claim file (C-file). It can have stuff in there that is really supportive of conditions that you may have. Next, write down ALL the things or symptoms that you have. It would help if you had some one that would be objective to bounce things off of, like a wife or real close friend. Then start your research. Go to http://www.militarydisabilitymadeeasy.com/vadisabilityrating.html and see that some of those problem are, say like Geeky suggested as an example, hearing. Do you have any of those symptoms now on your list? If you do, then you check your c-file and see what it says about your hearing. You may have a hearing test results taken at boot camp; you may have one at discharge physical. If you do, compare is there a worsening of the hearing? If you do, you have 2 out of the 3 things you need for a claim. A service connected injury (degrade of your hearing), and a hearing disability now. The 3d thing, is called the nexus, that is, how can you connect the two? If you had a MOS that required you to be around noises, that would work. Or, if you can document an event or accident where you were exposed to a very loud noise, that could work. You have the 3 elements; we call it the Caluza Triangle. You do this type of research for every injury or disability on your list. Ok so it is a lot of work. My father told me that life isn't fair, it ain't easy, and there isn't a Santa Clause out there that is going to give you what you want. If you want something, get off your but and make it happen. So...
  28. Thank you very much! I can honestly say that I am not "deaf as a post".....LOL, but it does have some affect on me. I don't think my hearing is bad enough to warrant being that bad and I'm actually happy about that. I just wish there was a turn off button for this damn ringing. Thank you again for your comments.
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