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Rover

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    Rated 100%, Effective 1 Dec 2012

    in Success Stories

    Posted · Edited by Rover

    biggrin.pngbiggrin.png This is a Success Story.....According to eBenefits; i was awarded 100 percent tongue.png , effective 1 Dec 2012.

    Effective 1 Nov 2012, i was awarded 60% while 4-5 claims were pending C&P exams. In Feb 2013, all exams were completed.
    This is my initial claim that was submitted Dec 2010; still have not receive any retro pay from Nov 2012 60% rating.
    tongue.png My Question; "Does this mean they will pay 100% rating retro amount effective Dec 2010?"
    *** Note: This total disability is considered permanent . You are not scheduled for future examinations. And you may receive commissary store and exchange privileges from the Armed Forces.
    I owe a great deal of credit to this Forum and Members......Thank-you.

    Finally

    in Success Stories

    Posted

    Great news........."Based on my experience; the retro process is slow" I've been waiting since Nov 2012 for two years of retro. DFAS returned the required form to VA o/a mid-Jan 2013.

    I am hoping retro will be deposit soon!

    C&p For Lower Back - Insight From My Examination

    in Veterans Compensation & Pension Exams

    Posted

    Thanks for sharing your C&P exam experience. My examiner also went by the worksheet to check ROM.



    Hi everyone,

    I had a C&P for my lower back yesterday and wanted to provide some insight for those who might have an upcoming C&P for a lower back issue.

    • The examiner came out to meet in the waiting area, where it appeared he was monitored how I got up from my chair and how I walked to the exam room.
    • Once we entered the exam room he looked at my file and asked the following questions: when did the injury first occur, last time I was seen for my back by the VA or outside clinician, and medications and procedures that I have had. He continued to read my chart and entered some things into the computer.
    • While reading my chart he asked that I remove my shoes and shirt in preparation for the exam.
    • He asked to me to face the wall away from him and he checked the alignment of my spine for abnormal curvatures. He then had me lay down on the examination table and asked that I perform alternate foot raises. I then sat up and he checked reflexes in my knees, ankles, and performed the Babinski test.
    • I was asked to stand and he explained that he will check my ROM (goniometer was available). I faced the wall; he checked my ROM lateral, front, and back, then he asked that I kept my hip straight and twist my back like I was reaching for something behind me and he measured that ROM. With every ROM he asked that “Is that the farthest you can go?” I replied yes sir.
    • He asked me to sit down on the examination table again he performed a pin prick test to see if I can feel the sensation of a pin pricking the sides of my legs. At this point he informed me that all ROM checks are done twice. So he had me stand up face the wall and perform the ROM movements again.
    • At that point I was told that the examination portion of the C&P was done and that I could get dressed and put my shirt and shoes back on.
    • I sat down on the chair and he asked me questions that appeared to be on the DBQ form (i.e. how do injury affect veterans daily living, job, how much weeks have I missed from work due to the injury, etc…)
    • He then ordered an x-ray of my back and said that I was done and accompanied me to the waiting area.

    In general the appointment was about 50 minutes long must of which was spent answering questions. I would urge veterans to review the questions on Spine examination sheet and DBQ form; wear loose fitting clothes (especially shoes) that can be removed easily. The examiner monitors your every move even when it seems like they are distracted entering something in the computer. Know your ROMs (before the exam test your ROM so you know your limitations and be sure that you can repeat the ROM consistently, when asked). Lastly be polite to everyone and thank them for their time and care for veterans. I have to add that the C&P examiner was very nice and seemed like he cared.

    Semper Fi,
    Oli

    Great Write up.........

    Denied Sleep Apnea / Need Advice For Nod

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    I would ask for a post decision hearing. State that you need the hearing to discuss/better understand the VA decision and how the evidence was evaluated. If they will meet with you and go on the record as to why the first opinion from your sleep doctor was not acceptable. It will help you to not repeat the same mistake.

    You have a year from the decision date to NOD.

    Post Decision Hearing................Maybe I should...........Now, "how do i start this process?"

    Received Brown Envelope But Do Not Understand Retro Pay

    in Success Stories

    Posted

    I received a brown envelope from VA and was awarded 100%. Pretty good christmas present. It has took time and a lot of reading information on hadit. Thanks hadit members, without all of your help I would still be walking around in the dark.

    I agree......this is an excellent site with active veterans providing assistance. My retro paperwork returned from DFAS to VA this week; so i should get my retro soon.

    Denied Sleep Apnea / Need Advice For Nod

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    I have a little experience in sleep disorders medicine. However, my information should only be considered as anecdotal, not medical or legal advice.

    You may be able to support your claim that you suffered from sleep apnea while in service with documentation from observers. If your buddies can document that they observed you snoring and experiencing apneas or hypopneas while asleep it may add creditability to your claim. Just as a person that had a seizure wouldn't necessarily remember the event, people with sleep disorders don't often know that they are affected. They only know they are always tired and have daytime sleepiness. Patients are usually the worst historians when it to comes to sleep disorders. Spouses and other familiy members often provide a better overview of the patient's sleep habits. Also, keep in mind that memory loss of arousals associated with apnea is typical. Many patients have hundreds of arousals yet remember nothing. Snoring is the cardinal sign of sleep apnea and is a prime indicator of partial airway obstruction. Other indicators are hypertension and elevated hemoglobin or hematocrit due to chronic hypoxemia. Use of alcohol and/or sedating drugs can exacerbate sleep apnea by depressing the hypoglossal nerve that controls airway patency. You might look for these other things in your records. Adding the current clinical diagnosis to the in service observations paints a larger picture of the preexistence of the malady before confirmation by the polysomnogram.

    With my claim, I did submit three buddy statements to include statements from wife and sleep doctor.

    Received Benefit Verification Letter

    in Success Stories

    Posted

    Congrats, Rover!! Assuming you'll get nothing for Dec, 2010, you should receive your first payment beginning 2/1/2011, the first day of the next month, after your paid month, and if I figured it correctly, should be 22 months retro, plus any dependent pay, if you have any and applied. Check your bank acct as the money usually shows up quickly. jmo

    pr

    I received my first check on 1 Dec; as of today, still haven't receive any retro pay from Jan 2011 to 2012.

    Denied Sleep Apnea / Need Advice For Nod

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Sorry to harp on this, did they list the ime/imo/doctor's letter in the evidence section of the decision. This is a fairly important fact/status to ascertain.

    The EVIDENCE section does list supported letters and sleep study to include letters from veterans (three buddy statements).

    Denial reason and Explanation is listed below:

    Denial Reason: The evidence does not show a current diagnosed disability. Explanation: Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

    Thanks to all for responding in preparation to write the NOD.

    Denied Sleep Apnea / Need Advice For Nod

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted · Edited by Rover

    Did they even give you a C&P for Sleep Apnea? No

    Did you have any hypertension in service or any other medical conditions that co-exist or are contributory to Sleep apnea?

    The doctor wrote the following: Although there is no prior documentation of sleep apnea, it is likely that Mr. Robinson has had sleep apnea at greater disease severity at earlier time points, when he was obese with a BMI well exceeding 30kg/m2. It is well documented, that the likelihood of having sleep apnea >10 events/hour is greater than 50 % in men (more likely than not) if the BMI exceeds 30 kg/m2. The fact he has diabetes, witnessed apneas and loud snoring increases the likelihood of having sleep apnea to >90%.

    Finally, the narrow upper airway is consistent with an anatomical predisposition that may have made Mr Robinson more susceptible to the development of sleep apnea with weight gain, and it is possible that he has had sleep apnea even when he was in the 30ties. Thus, it is more likely than not, that Mr. Robinson has had significant sleep apnea while in the service.

    Insomnia: Although back pain may have contributed to insomnia, we strongly believe that the insomnia is also related to Mr Robinson sleep apnea.

    Also I was denial diabetes but i will address in a separate thread.

    "the evidence does not show a current diagnosed disability" If you provided them with a medical opinon from a sleep doctor that states you have sleep apnea the preceeding statement is factually wrong.

    Check the evidence listing in the decision and ensure that they listed the medical opinon as evidence.

    If they didn't, you need to dig out your signed receipt (post card showing who signed for it), and in your NOD point out they didn't include all the evidence that was in their possession.

    If you are relying on buddy statements (no obvious medicial evidence linking besides weight gain) you need to go to BVA. If that is the case, I would advise not going the DRO route (I doubt any DRO is going to grant apnea on a buddy/ies statement).

    Best of luck!

    Denied Sleep Apnea / Need Advice For Nod

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    On 2 Nov 2012, I've received Sleep apnea Denial Reason: The evidence does not show a current diagnosed disability. Explanation: Your service treatment records do not contain complaints, treatment, or diagnosis for this.

    I've submitted supporting documents from three buddies, wife, and medical statement from sleep doctor ( MD, Ph.D) saying: Given the findings of the sleep studies and history of weight changes (more in the past), diabetes and reported symptoms, it is more than likely than not, that the patient developed sleep apnea while in service. My sleep problems started 12-15 years ago.

    Also i included documents from a current sleeping study conducted by the American Sleep Clinic, were my sleeping problem was diagnosed as Obstructive Sleep Apnea.

    Note:

    1) I am not able to point to any specific problems in my medical records. All three buddies attest to my sleep problems while serving in the Army. 2) The sleep study was conducted in 2011; my initial claim was filed Dec 2010 and denial letter was received on 2 Nov 2012.

    3) The sleep study doctor written a detailed medical statement about the current findings, sleep apnea onset, insomnia, sleep study reports, discussed follow up visit and overall assessment.

    Prior to submitting my NOD; maybe i should do a sleep lab follow up and ask for another IMO statement.

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