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Colt

Second Class Petty Officers
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Posts posted by Colt

  1. Interested, if you don't mind I'm going to use your way of responding. It makes it much easier to read and if I try to multiquote it denies me saying I've quoted too much.

    So, while a claim for convalescence because of surgery in a VAMC MAY result in an automatic claim, I'd still recommend you notify the VARO and claim it. My cfile, as it's called, should contain everything they have up to date, correct? Including all of my C&P exams? Can I just go get a copy of that, review it and then see what they are missing and then collect the additional information that I deem pertinent?

    Well, in the general course of affairs, the surgery is expected to improve the condition, so the pre-surgery VAE might be be unduly negative. And, normal post-operative items such as wound pain/discomfort during healing or "guarding" might mask the true result. I agree. However, all of my other issues still exist and wouldn't have been affected by surgery. I don't mind them lowering a percentage if it got fixed.

    In your situation, if I had been made aware of the additional disc impingements, I might question how valid the findings from the earlier exam were and order a more recent exam; however, this will keep the issue open that much longer. Or, I might just rate it and let you appeal. I see your point. I'm trying to take this as relaxed as can be. I stress far too often about things and this would just be one more heaping pile of crap to add to the list. I've got the time; the frustrating thing is not understanding everything.

    Thank you for the links you've provided. I'm going to go through some documents and see what I come up with in regards to my claim.

    @ Timestamp

    Quick start claim? I guess that's a new pilot program that ain't so quick? That's what I'm thinking. They told me it's like a jumpstart of sorts, since I filed before I got out.

    When the C&P examiners write "At least as likely as not" or "Likely" that the conditions manifested or worsened during service, those are key phrases that will more than likely cause the rater to grant service connection for. Unfortunately, I didn't see any kind of phrases like that in my exam that I received. However, once again, there was a lot of stuff that wasn't mentioned in the C&P that I claimed and actually have issues with.

    Buddy of mine recently got his C file, C&P examiner noted chronic low back pain worsening with movement and how it affected him physically, then on the last page stated there were no records of an in service injury. Looking over his records, it is listed in multiple annual physical exams "chronic low back pain". I don't have an in service injury though either. There was no specific event for me. It was multiple events that occurred along with the weakening of my discs that would set my back off that would send me to the doctors to get checked out (e.g., lifting a printer, tug of war on enlisted day, running). Eventually after the 4th year of going in for back issues they sent me to get an MRI and that's when they noted all my 'issues'.

    My claim has A LOT of items listed. So much so that when I look at it I feel like at my age I should be broken (did I really go to the doctor's that much?). Granted one issue has secondary issues or other things that are associated with it… still, I feel like it is too much. When I went to the DAV they did add things when going through my file that they wanted to put on there to get SC since later on if it worsened it could be claimed. I didn't embellish at all when I went for my C&P although I was told to act like it was a bad day (even though for my back, it really was). I'm very much a liar when it comes to how I feel. If you ask me how I am, I'll tell you fine, even if I'm not. I tried to be as honest as I could that day, but I still get shy and tend to act better than I am. I can't help it, it's who I am. In this case, I very well could have done a disservice to myself. However, I can't undo it now.

    In the end, I'd just be happy if my amount covers my bills. I have 5 specialists that I go to and at $30 a pop, it adds up quick as I'm sure most of you know. One of my meds just cost $205 (after insurance) for a 3 month supply. It's something simple… eye drops, but it's something I need.

    I'm still young (I think :biggrin:) and can work; so one day at a time is okay with me. I'm trying not to overwhelm myself. I'll see about getting the cfile and getting back with you guys.

  2. You need to learn that the VA is many things. There is the Veterans Health Administration (VHA, the VA Medical Centers, where the great majority of C&PEs are done) and there is the Veterans Benefit Administration (VBA, the VA Regional Office, where decisions on service connection and compensation are made). Unfortunately, they don't always speak well together. So, even though the VA examiner made a note, I recommend that you send in a copy of the operative report if it was done at a civilian facility, or if it was done by the VA, tell the VARO where and when.

    I know, forgive me. I'm still trying to learn a lot about what I should do and how to go about it. I type things about assumptions and you would think after 8 years in the military I should know better about who knows what and what they should be doing. ;)

    I could always find out if they put something in there about the time off. I know I wasn't allowed to work for 6 weeks per the doctor's orders. I don't know if the 100% is something that is automatically done or if I have to apply for it. On that note, it almost seems more like a hassle to me to go through all that. Although a rough time, I was pretty fortunate with everything.

    Thank you though for your input, I appreciate it. For now I guess I'll just start collecting evidence (my records from appointments) until I get back my first results and then go from there. At least this way, I'll know what they need or are missing instead of trying to guess everything. Not to mention I could possibly come to you guys for help to understand everything. Reviewing my one C&P exam, I don't even know if it's in my favor. Would I specificially look under the diagnosis area? Not everything was referred to, which is why I was wondering if the rest would be a wash.

    Lastly, if you wouldn't mind, could you elaborate a little about not putting value on the C&P? Would the surgery kind of null and void everything?

  3. They should, they have sent me those automated letters, and I just haven't gotten one in over 6 months now. Not to mention I got the VCAA (I think that's what it's called, ebenies is down and I can't get into it) in Nov that I filled out and sent back. My claim was sent out from my local RO and over to somewhere in the Carolinas.

    Once again, I think so. On my C&P exam it shows that he did an amendment to it showing that I had surgery. When I went back for my other appointments, I dropped off the MRI that he wanted and he talked to me for a few minutes. I never had a re-eval done though. I'm trying to grasp what the document you attached is saying. If I had surgery post getting out, then I would get 100% for the time that I was required to bed rest and then reevaluated to drop down the percentage? I'm pretty sure they have all the new info for the back considering it's updated in ebenefits showing (med evidence for back) on 12/20/2010. However, I reherniated it 4 days later. When they did another MRI they showed that one of the discs that got fixed reherniated and that I have scar tissue present from the surgery that can be causing pain from pressure. I have those records but haven't sent them in yet. I can make an appt to go to my VSO and give them to her.

    I figured that most of them would be 'lumped' together. Not a big deal, I was more curious than anything. Thanks!

  4. Berta,

    Thanks for responding! I got out in August 2010, doing a quick start claim.

    I'll be honest I feel completely unorganized. I initially kind of went into this with "I have no idea what I'm doing" syndrome, leaving it completely up to my DVA. I started to feel like I was just leaving it in the hands of someone who doesn't care about it as much as me (which is basically what I did) and have now been doing what research I can. It just all seems confusing.

    As for the conditions being fully supported; I don't know? I thought the majority was and I can go through and find almost all of it on my own but I don't know if they need anything extra. When they sent me that letter stating they needed more information on everything, I didn't know what to do. I had already given it to them and they didn't specify. Also, regardless of evidence they can deny me saying that it isn't SC, correct?

    I could not find anything in the records (C&P exam) I received pertaining to my eyes or my hearing test that I had. Definitely nothing that mentioned decibels or stood out to me. It just seemed like the initial write up that he did when I saw him. Of course, my other two appts I had got cancelled and pushed out to the month after because I went in for surgery. The C&P exam I have shows from Sept 9, 2010 and the other stuff I got done in Oct. I don't know if I should go back and try to get them or just not worry about it for now. There should be enough evidence already to substantiate both my issues so they will either give it to me or not and then I'd go from there.

    Seven years? That just seems ludicrous. I just can't imagine what their reasoning is behind that for making someone wait so long. I hope you got back pay for that (not that it makes a seven year wait any easier).

    I had to download the VA Acronym list for half of what you've said so far. :smile:

    What is HL?

  5. I decided to call the 1-800 number and see if I could get anyone. Usually, they just tell me they can't help me and hang up (automated). Today I got a lovely gentlemen who started to ask me and then said that my claim has been sitting there waiting to be decided since December 2010. I don't know if it will make a difference but he said he was going to put in an inquiry and I should hear back some kind of status in 5 - 10 days. If I don't, that I need to call them back and she what happened. He was very very nice and helpful. I hope it's still being worked. That would suck if I was just waiting around for nothing. Lol.

  6. Hi all:

    Looking for a little guidance if there is any to give.

    My story: I got out in August 2010 and filed my claim. It's my year mark and I haven't heard anything so I started researching some stuff and found you guys and your plethora of information. I'm going with the assumption that some of my items claimed will get denied due to reading a lot of people's experiences on here. I figure since I've done absolutely nothing on my part so far, you know, since the past year just sitting and waiting--that after reading some of your stories and seeing things I could be doing to help myself out, why not try? I haven't heard from the VA in a while. The last I heard from them was in November 2010 and they sent a letter stating that they needed further evidence for the "following conditions" and listed everything I originally claimed. I contacted my DAV and she said it was normal that they list everything and since I turned in all my medical records to send it back stating to decide the claim. I’ve had no movement since. I check my ebenefits weekly.

    I went and picked up my C&P exam copies today (completed September and October 2010), since many of you suggested it. However, I don’t understand everything on there and I couldn’t find my eye and hearing test in there (they were done in the following month of Oct). The records woman said that they combine everything into one document after it’s done so that it prints all at once. Can that mean it is potentially missing? Or maybe I just didn’t get it? Also if the C&P doctor didn't really give a write-up on a specific item claimed does that mean that item will be denied or that maybe there is sufficient evidence to support it in my documents?

    I’m not even sure if there is anything I can do right now except wait to see what they come back with and then go from there. I was trying to be proactive, but at this point I think it’s just a guessing game until I hear from them. I haven't contacted my DAV or anyone else since I didn't want to pester anyone. However, I'm hitting that antsy phase, and thought it might be nice to hang around with other 'hurry up and wait' individuals.

    On a side note. One of the items I'm claiming is my back. I've got 5 items listed that fall under that.

    1. Degenerative Disc Disease

    2. Bulging Disc L3-5 w/arthritis

    3. Bilateral Leg Pain

    4. Synovitis

    5. Scoliosis

    Will all of that be one combined rating? Also, two weeks after I got out of the military (figures, eh?) I severely herniated and ended up having two discectomies. Can that alter ratings?

  7. Hi everyone!

    I servered 8 years in the military and I am here to find out what I can do to help myself and my claim out. I'm trying my best by researching posts and searching the forums, but unfortunately all my searching comes up with an error. Forgive me if I ask questions that have already been asked.

    Looking forward to conversing with you all!

    Kristin

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