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Showing content with the highest reputation on 12/10/2013 in all areas

  1. 1 point
    Thanks to all for taking time to help me, Airborne, you can tell me anything and it would not be taking in a bad way, if you want to talk about part of your experiences, let it flow. 63 SIERRA, and john 999 I dont think depression is on me at this time, I have this Cancer to deal with and all the side effects that come with it. My plate is full. I believe it is all writting, there is variation on choices, but at this time, isolation, with all of my treatment of 7 years gives me options, plus I will give the Vet Center a try. I feel good, but very bad no communication with my parents, but I take it as it is. I have to get better from this Cancer first. I don't even know what that mean, what after that? Dan
  2. 1 point
    One of the best things about the internet (for us old timers from the original electronic veterans community circa 1989) is that the VA Schedule of Ratings is now mere clicks away. http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38 This is a long document but it contains the rating criteria that is reflected by each diagnostic code the VA uses. The best thing a vet can do when they question ratings, is certainly to consider getting an IMO with some of the retro and make sure the IMO doctor has not only all available medical records but a copy of the rating schedule criteria for each disability you feel was incorrectly rated ,based on the evidence VA used (in the Evidence list included with the decision). It as always amazes me how sometimes the most critical evidence can be missing from the evidence list, evidence that could warrant a higher rating. But in most cases these days, a strong IMO that follows our IMO criteria here at hadit, can be the best bet, rather than building your own argument .because VA is quick to say we are not medical professionals and often will give our lay medical opinions no weight , even if we support them with treatises or other medical literature. Do you have a proven inservice nexus for all of the disabilities they denied? The Trigeminal Nueralgia. …..I would think that could be the cause of the migraines or associated with the eye condition but I am not a doctor. This is a very painful condition and I think the 10% is Way too low.... The TBI.... do your SMRs reflect a TBI incident? The Gaf score ....it really doesn't mean much these days.... Are you able to scan and attach the Reasons and Bases for the award here? And the Evidence list they used? Cover your C file number,name and address before you scan it. It would help us understand better what the VA came up with here. This BVA decision, dated 1997, http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp97/files2/9710364.txt contains the rating schedule for Trigeminal Nueralgia thus: under Diagnostic code 8405 The decision is significant because it is a remand for extraschedular considertion: “REMAND The veteran testified that he must leave either his work area or his leave the workplace when he experiences an exacerbation of pain due to trigeminal neuralgia; and that he experiences such exacerbations frequently, sometimes daily. He contends that the pain interferes with his ability to chew and that his ability to speak is affected. He also contends that the pain interferes with sleep and concentration and that medications to relieve pain make him dizzy. His representative argues on appeal that the veteran’s trigeminal neuralgia should be evaluated on an extraschedular basis because it cannot be adequately evaluated under the schedular criteria. Further factual development to determine the extent of industrial impairment, including the effects of pain during exacerbations, is required.” Question....do you receive SSDI and if so, is it solely for any established SC condition you have? Here is another decision that might help us assess this all better if we can read the VA decision: 'FINDINGS OF FACT 1. Trigeminal neuralgia is at least as likely as not related to a remote lightning strike in 1969.” In Part: Trigeminal neuralgia The Veteran contends that in July 1969 at a missile base in Rockville, Maryland, the guard shack he was in was struck by lightning, and that he currently has numerous neurological residuals from this event, to include trigeminal neuralgia. He asserts he was rendered unconscious by the strike. A fellow serviceman has provided a statement to the effect that he witnessed the strike and waited with the Veteran for the ambulance to arrive. In his written statement he indicates that he initially thought the Veteran had died, but that "there was a medical person assign to the Company that helped [the Veteran] to breathe," before the ambulance arrived. Trigeminal neuralgia was initially diagnosed in March 2002. In an April 2004 neurology note, the Veteran's treating neurologist attributed the trigeminal neuralgia to the remote lightening strike. Similarly, the report of an August 2010 compensation and pension examination conducted pursuant to the Veteran's claim for service connection for migraine headaches, reflects the Veteran's history of having had symptoms such as headaches, shakiness, vertigo, hearing voices and smelling smoke ever since the lightning strike. In opining that the Veteran's headaches and vertigo were related to this incident, the examiner commented that the Veteran had had a "very bad lightning injury which affected the whole body. Several neurological dysfunctions, including headache have been reported after lightning injury." and: In the memorandum decision, the Court pointed to a 2002 medical record which reads, "After he woke up from the lightening injury, he had tinnitus, vertigo, and facial pain," for the proposition that the Board should consider the trigeminal neuralgia to be inextricably intertwined with the Veteran's vertigo and migraine claims, as all may have a common etiology.” ( obviously the veteran had to file at some point with the CAVC) “Thus, reasonable doubt is resolved in the Veteran's favor, and the appeal for service connection for trigeminal neuralgia is granted.” http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files3/1329134.txt Question: Did you have any incident inservice that caused you to believe you have a TBI, and did the VA give you a TBI C & P exam? It seems obvious to me that the migraines can be associated with the trigeninal neuralgia and that, if there evidence evidence of any TBI, the TBI would have to be rated separately. These are 2 more BVA decision which have some rating info in them: http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files2/1119734.txt http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files6/1241338.txt Your Trigeminal Nueralgia.... In my opinion, and/or higher migraine rating could boost you closer to TDIU consideration if you are unemployed. “I was flat out denied hearing loss” that too concerns me. I regret I gave you a lot to read here because the Trigeminal Nueralgia is not a disability I am familiar with and I wanted to look it up. I learned it can stem from many types of accidents,injuries,(which could certainly cause TBI as well) and even dental issues and can be excruciatingly painful..... One more question .....The eye disorder....is it called nystagmus ?
  3. 1 point
    Thank you to all those who wrote. Berta all the time there was no doubt a horrible error had occurred. When you have an HMO break into your home, steal your medical records, change them, and put them back, what are you to do? My own family did not even believe me. When I confronted the HMO, they laughed, and ask "Did you call the police?" All I could think of was how they wanted me to end it PERMANENTLY! They were pushed for time and goofed in several places during the records revamp. Unfortunately, none of that information was important to the claim. Is there significant damage? Too much to imagine. I talked with the PVA Staff Attorney who supported me during the latter stages of this claim and she promised me they will do all they can to get the max of the max possible. Both of us believe that they will bring me in for an Exam and I do not have a problem with that, There are multiple damaged areas just don't want them cherry picking what they want. I am looking for minimal 100% plus SMC (O) and that would be giving them a big break. I don't want to fight anymore. I physically hurt too much and Gio is no longer here with me. I just want to lay down like an old dog. Throw me that bone, I'll chew on it for awhile while listening to Soundscapes wishing for Gio to visit me in my dreams yet another time...She will ....
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