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Showing content with the highest reputation since 05/20/2018 in all areas

  1. 1 point
    I am considering filing some pain claims, but am curious what kind of developments come up. Back in 1995, I filed for pain in my hands. The C&P exam happened in 1997. The examiner did an x-ray, which came back normal. The doc was unable to identify a disability, but noted that he believed my pain was legitimate. Naturally, the claim was denied and I never reopened it. It stinks because I have required tylenol or motrin every day since I got out. I am wondering if the claim could be reopened based on the rules requiring a diagnosed disability being nuked.
  2. 1 point
    If you have an IMO for each condition, that should be very helpful. Asthma and SA sound plausible due to your exposure to the burn pits. For asthma, the ratings are based on the type of medication treatment or FEV1%. Just keep in mind that they are both respiratory ratings. For purposes of your combined rating %, they will use the higher % of the two. An ED claim secondary to PTSD makes sense. The psychotropic medications given to treat PTSD have a known side effect of ED. If they denied an ED claim, it might be worth it to get an IMO (if it is not listed in your records already). Keep in mind, a successful ED claim typically results in an SMK-K award (a bit over $100/month) and is not added to your combined rating.
  3. 1 point
    Do you have an EBenefits account? If not, you should do that first. You need to see enrollment at the VA to get ID verified to get an advanced account the allows you access to claims and appeals info. NOD should not take longer than 13/14 months. They are strange, sometimes they are done in 3, others much longer. to get up to date info on the NOD call 800-827-1000 for claims info
  4. 1 point
    Looks strangely familiar to my VA notes by my C&P examiner. I'm so hot and angry now. Between the C&P exams and the wait times, this crap sure gets old doesn't it? Sgt. Wilky
  5. 1 point
  6. 1 point
    I think I will wait. I am at 100% but just barely. I have service connected neuropathy in my arms and legs. The pain originates from there and is documented. I know that it will open up all of my other conditions but they are all ten years except for my PTSD but my last C&P was pretty strong. I am also looking at getting my PTSD backdated. I have some serious thinking to do.
  7. 1 point
    Might be wise to wait on the Pain Filings until you are completely aware of the Risk Vs Reward of filing the "New Claim." Would an additional 0,10 or 20% actually move the Comp up? The only thing you're certain of at this point, Filing any New Claim will open all of your other SC Conditions for Review. With that said, your VMC and or Private Clinician Treatment Notes need to show a history of continuity of Pain complaints and associated treatment. Every time you see a VMC Intake Nurse, your current Pain level is questioned, are you squared away in that regard?
  8. 1 point
    Buck, I filed a secondary for left ankle pain caused by my right foot issues. I went to private doc who said I had left Achilles tendinitis cause from my right foot. At the C&P, I told the examiner that I had left ankle pain and that the civilian podiatrist prescribed an ankle brace for my left ankle to help with the pain. I was service connected secondary for left ankle pain at a 0% rate, caused by my right foot. Well, how can that be?? 0 percent for pain. I can't find that anywhere. The bottom line is they have an x-ray showing left ankle Achilles tendinitis and left ankle arthritis (there's 10% without looking), both mentioned in the C&P exam and both opined that it was "likely" etc., so, now that I went to the private doc, new podiatrist surgeon and have had ankle therapy for that last 2 months, I will be filling for an increase here shortly, and a new claim for arthritis secondary to the whole mess. Buggers.. The only thing I can think of is that I made a claim for pain and they looked for what caused the pain and found Achilles tendinitis and rated it a zero, and the pain complaint went out the window. F***ing low-ballers, Hamslice
  9. 1 point
    Jfrei you are on ebenefits restriction... no more checking, live your life. 🙂
  10. 1 point
    Take a step back and ask yourself which is more important, your wife or your VA case. I know how easy it is to get balled up in your case and lose sight of what is more important. My discharge was illegal and I had to fight for retirement and then 35 years for VA benefits. Make the VA a hobby and stop being OCD on your case. See if the VA will provide marriage counseling for you and your wife or find it outside. Keep moving forward and find some enjoyment in life. I have been there.
  11. 1 point
    This link should help you: https://themilitarywallet.com/join-guard-reserves-va-service-connected-disability-rating/
  12. 1 point
    Just wanted to let everyone know that even though the examiner said I didn't have these conditions I was still granted them! This goes to show that even if you have a bad c&P exam its up to the rater.
  13. 1 point
  14. 1 point
    I'm sorry I didn't read this whole thread. I just went through this whole process. Just wanted to say what's as important as what happened is how it impacts you life today. I just wrote one page btw. as much detail as possible.
  15. 1 point
    Berta, thanks for the reaffirmation and offer of help. I will certainly do as you suggest. I'm a little torn between gratitude of the VA (My Country) with my disappointment with their process and systemic shortcomings. That they will compensate me for my service maladies takes precedent. I don't want to come away from this challenge looking mercenary or a gold-digger. Regrettably, I think the folks working the processes will think that way regardless of the validity of my claim. I'd like to convey a compliment to you, Asknod, Gastone, and Broncovet; thanks for taking the time to reply. I find myself reading your comments on these forums, even when the subject matter has no relationship to my claims. "EOMCDC please don't feel that you misled us---this VAOLA crap could give anyone PTSD." Is this a stressor? Ha...they probably wouldn't appreciate the humor if I filed a claim.
  16. 1 point
    asknod, first of all...thanks for responding to my post. Para (1) - Not only should the evidence have been in my file, I referenced it in my reconsideration request. I have my C-file, but it is not up to date. Para (2) - Understood. Para (3) - Understood Para (4) - Yes, I may have been acting a bit timid. I figured the truth would have prevailrd. I never expected the VA raters to act like aggressive District Attorney, seeking a conviction regardless of truth. In this case, someone completely lacking integrity. And, I'm disappointed with a VSO that either takes the path of least resistance or is in cahoots with the raters. Nevertheless; It was an honor to serve. If they never introduced concurrent receipt, I'd still be honored. If things don't go exactly my way, I may be disappointed, but I am still honored. But, just like a lopsided fight...they aren't going to walk away smiling. Thanks again!
  17. 1 point
    sorry took so long to answer back... I have way more then the 181 that was not the issue at hand... When i Say my records were lost i mean my entore 2nd enlistment records were and still are missing... As far as they go as of the 1st of this month DOD claims NPRC has them and they do not and NPRC say they do not have them DOD does. even though i was providing my DD214 the VA could not find the records on my 2nd enlistment so were denying i served that period of time. I do have firm diagnoses of PTSD from not only civilian doctors but the VA doctors as well. To that effect my treatment team put together a detailed letter outlining my treatment and the effects of my PTSD has had on my life and from the records i have been able to provide and there belief that it is firmly service connected... Now onto the Current Update... I received the first of many calls today to schedule Comp and Pens... I have 3 scheduled so far to include the PTSD, Headaches, and hearing with tinnitus. Not that is not all my claimed conditions But the VBA rep i talked to thinks they are looking to do a partial grant while and continue looking for other records... So wish me luck over the course of the next 20 or so days doing exams and the next 3 to 6 months to get a decision...
  18. 1 point
    @andyman73 Thank you for your reply. I'm sorry I didn't see it til now. I assembled my claim, including police report, subsequent sentencing report that includes mention of his misconduct in service, my in service treatment records, and current nexus letter. Plus whatever VA forms. That was April 5. The requested and got a release on April 10. I completed my C&P exams on April 18 and 19. I guess, now we just wait.
  19. 1 point
    He must have be suspected of malingering. I bet they had a note in his file that triggered it? I wonder what his file says.... I also wonder if he's made any progress on this?
  20. 1 point
    My opinion is that they say you do not have PTSD as you do not meet criterion E. They then go on to say you have MST. Mental disorders are all classified under the same criterion and I believe you will get some disability for this so you will be eligible for treatment at the VA. Can anybody else provide more information on this?
  21. 1 point
    I realize how you perceive every denial as a massive threat. With an undiagnosed illness from service I felt the same way as my case wound through the system. Please seek out mental health and find something to take your mind off of your case. I know it is hard but otherwise it will define you and your opinion about yourself. I say that if you started your VA case without PTSD you will finish it with PTSD. I wish you luck and a lot of sanity.
  22. 1 point
    Hello, @mstmale Any term is authorized by the credential person - giving the opinion - it appears in my layman's skill to mean - "very little records". Not a "sketchy" situation.... I did my own mst claim - I understand your anxiety about the statement. My opinion, cannot single one line out- rather reading the entire exam for context.
  23. 1 point
    If your wife also overheard that conversation, the two of you should write independent statements about what they said and have it notarized. Send it to the VAOIG, with a copy to your congress critter. People like that need to be investigated and removed from service. They dont belong anywhere near a Veteran who is looking for help. As far as the exam goes, your best defense is a good offense. Find someone who will give you an independent medical exam and opinion on your case. Use a specialist if you can, and when you have your IME/IMO, you should also submit a statement on what you overheard from the PA that examined you, and use your own IME/IMO as evidence of his malfeasance. What he did as a public official is a violation of the public trust and violates your civil rights to an honest and fair disability examination. Putting false information into a medical report of this nature is a felony.
  24. 1 point
    So sorry to hear of your bad experience bud. I have had Testicular Surgery, and have Crohns so I know how embarassing those exams can be. Lets just say that we have more in common then I would normally talk about. You do not be ashamed, or scared of what you been thru. You did not ask for this too happen. Did you tell anyone in your unit what happened to you, or have a Buddy Letter? I have had a ton of VA and Civilian Exams, that were uncomfortable or were flight out lied about or wrong. I had a VA Doc state I was a 42 yr old Female Recovering Alcoholic. In fact im 35, Male and never drank or smoked in my life. Took me months to get that out of my VA Medical Records. Just keep fighting, and if your claim is Denied, Reopen New Claim thru Ebenefits, do not Appeal. I dont want to see you sit there for years in the Appeals Process. Good luck and keep us posted. God Bless
  25. 0 points
    As a sidebar - the goniometer is not "required" for measurements, due to the professional credentialing and experience of the person rating. It states no where in the criteria they must use it but rather list/ document the range of motion. It is not fair since this is subjective ( based on the person's opinion) In a true "therapeutic " environment of range of motion testing the person is held to a high standard, goniometer is often not used. ......but at the VA this could be a way to get around a true measurement. In any exam and Life... the rule of thumb is stay below your pain level - never push through the pain. Pain is a warning sign....to stop! I would complain as @Buck52 states.
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