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jfrei

Master Chief Petty Officer
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Everything posted by jfrei

  1. It took about 12 days before I got the phone call saying something about this email and that they are certified my appeal now at the BVA
  2. 10 percent evaluation may be assigned for hypertensive vascular disease (hypertension and isolated systolic hypertension) with diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent disability evaluation is assigned with diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more. A 40 percent disability rating is in order with diastolic pressure predominantly 120 or more; and 60 percent with diastolic pressure predominantly 130 or more. 38 C.F.R. § 4.104, Diagnostic Code 7101. Note (1) to Diagnostic Code 7101 provides that hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90 mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160 mm. or greater with a diastolic blood pressure of less than 90 mm. 38 C.F.R. § 4.104. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7 (2009). When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C.A. § 5107(b) (West 2002 & Supp. 2009); 38 C.F.R. §
  3. “at least as likely as not” (equal to or greater than 50%) Is the connection ticket no experience with this my guess is 0 to 10 % hopefully someone with more experience answers
  4. I am wondering if anyone has any ideas I am missing or does it sound like im in the right direction? I am in connect with the office of case management who I made aware I recieved a copy of the decision from my lawyer but under my new claim for PTSD I have not been to a C&P again. I told the person. On the phone I am looking at my C&P I had in August there the doctor diagnosed me with PTSD but couldn't speculate what caused it but it was either my terroristic threats that cause it from my deployment in 2009 or my TBI in 2006 she couldn t speculate. Ok not a brain doctor understand why they lumped it then 3 months later my TBI review the doctor says I have no mental disorder due to my TBI and says I have amnesia of months before and after my accident. So alittle annoyed they lumped it in again after he said I had no PTSD from my TBI. So I had filed a new claim to get it seperate did in September. In the decision SOC whatever you call it it's not even mentioned in why it's never discussed only mentioned that a new claim was filed. I wrote a letter requesting P and T which was denied because they gave me a future exam in 2022. Ok fine in that same letter I also addressed my PTSD C&P issues. So I basically spoke with the woman on the phone who was sincere who was shock about all that I have gone through so she said call Monday I'm submitting an inquiry as to why you didn't get your PTSD addressed in the new decision that's awaiting approval before it's to late. Guess i can be glad that they are slow when I need to get something fixed on my decision.
  5. My primary VA doctor has written a letter into the VA hospital requesting that I can go to an outsourced TBI team at the university of Pitt. I live in Delaware and where it would be nice 100% will not cut affording this trip along with taking care of my pregnant wife and daughter. I am SMS-S right now not to sure I am being treated at the VA in Wilmington recently for an issue of me having seizures 2 times a year since 2009 and now they are actually taking care of me when the military didn't when I blacked out the first time overseas. I come back fairly quickly and just shrug it off but he thinks it could be something like a mini stroke. I'm kind of freaked out when he said that I have taking care of my health fairly well and am in good shape he said it might be something with my TBI and when my EKG was reviewed he said it looks like I showed signs of being in a coma for a month still. Is this a request in writing my attorney has told me no more stuff until your appeal is done its just been certified?
  6. Hes already got the Philly RO calling me about how they certified my appeal because of the email I wrote hime.
  7. Nope but if you were interested and feel you deserve an increase with a disability producing your civilian doctor records would be beneficial.
  8. As to your question if done by a VA personnel they will be entered into your health record blue button after 10 days in most cases if not I would call the place who did your exam over the phone and see what the issue is why you cant see it yet.
  9. Wonder if the same is true for a severe tbi has anyone seen anything for a sTBI and PTSD not perhaps at the same time but defiantly the TBI would exaberate PTSD in an individual years after there TBI?
  10. I received a call from my regional office saying he was instructed by the secretary to call me and update me on my appeal that it is now certified and in the BVAs hands. So now I'll call the BVA as annoying as it sounds I don't wait for it to sit I get them to tell me why. This is my second appeal certified in two years at the BVA my first one I won...
  11. I was most recently diagnosed with a seizure disorder and was referred to University of Pittsburgh for a case study along with the Mayo Clinic. Here is his letter Attention Mayo Clinic/University of Pittsburg concussion Center ; As noted in Mr. Frei’s history, he underwent severe trauma while active duty military. He has since been retired from the military with posttraumatic stress disorder and traumatic brain injury which is not fully been compensated yet. Traumatic brain injury is definitely a component. I have been his primary care physician for approximately the last year as he has started with the VA in Wilmington, Delaware. After his military career. He was a helicopter pilot in the military, then a aircraft mechanic at Philadelphia international Airport. However, his memory was so impaired and headaches as well as circadian rhythm disturbance due to his union schedule. He lost his job at Philadelphia and was until recently working on helicopters down in Maryland. Once they found out memory issues. They terminated his employment. Most importantly patient has the chronic symptoms of PTSD associated with anxiety as well as some slight physical residual symptoms from the motor vehicle. He suffered while active duty. On several occasions approximately 2 times per year. He has had sudden episodes of loss of consciousness where he is found on the ground and after just a minute or so is conscious. He has never swallowed his tongue. He has never been foaming at his mouth. He has never had loss of urine. MRI shows consistency with TBI. There is no evidence of significant seizure workup as well as etiology and combination to create one full situation of posttraumatic stress disorder associated with seizure disorder associated with traumatic brain injury. At this point, I believe Jamie Frey would be most benefited by a a full team approach medical evaluation by the Mayo Clinic for University of Pittsburg concussion Center as the current system of addressing one issue at a time at different facilities is not coming up with an answer and this is a 31-year-old white male in very good physical condition with physical injuries and former military service. If accepted to the program. I suspect we will have a good chance of having her in the Veterans Administration cover costs, but cannot guarantee. Until that is actually submitted If the hospital turns it down he said it a good chance it will be approved couldn't I use this as a way to get SMC-R2? This makes my life a living hell with the timing my wife's pregnant, has lymphoma during pregnancy doctor thinks. Son has a minor birth defect my daughter has a heart defect. Worrying about my own health issues is trivial in my eyes. Dealing with 2 black outs a year and headaches with short term memory problems seem minor to my pregnant wife. Life's full of curveballs
  12. Ive noticed that too every time I posted something a magic IRIS inquiry is answered with an update that was submitted and forgotten about. Like when I posted the button question with in one week my claim pending decision approval and now my appeals sitting certified to the BVA awaiting video hearing I am definitely not complaining.
  13. And another thing because of the rush on my claim they also just certified my appeal to the BVA and now awaiting a video hearing.
  14. Well it's one month later and it's now pending decision approval
  15. It's sounds much like mine except this is where the speculation of it being my residuals of a TBI and So they lumped ptsd with the diagnosis. Not seperating the issue
  16. In 2010 I forgot to claim an issue since I was fighting to get service connection for 6 years. Now I won my appeal so I'm September the doctor opinioned that it was due to my in service trauma will that back date when I got out? Or only until I filed since last year?
  17. Call the office of case management (202) 530-9470 they will be able to get ahold of the reason why maybe even send out an inquiry. Call in the morning but still be a ten minute hold or not.
  18. I had a problem of submitting all this evidence which I'm not doing so I can get my appeal that has a hardship flagged my claim just closed as well I was serviced for 10% for my hip fracture. This is good for me since I can use this along with my 26 day coma. As proof that this is what caused my DVT secondary to being confined to the bed which is a major cause of Deep Vein Thrombosis.
  19. I hope this is a good sign for me I'm in need of something to sustain my newborn coming in May. I filed in January and have meet with the DDS officer working my case I live 10 minutes from the SSA office so I've been in with my wife and have delivered all medical evidence needed she said but she still needs to send for a mental RFC luckily 9 days before I am getting a neuropsych from the VA for my treatment plan. What are my odds if I ask the VA doctor he could forward it to the neurologist and maybe see that and also I'm getting a shot of some pain killers in the head to help with my headaches? I'm getting anxious because everything is happening all together.
  20. Do you normally get a SSOC again after I had an appeal pending since August with a hardship flagged on my claim and appeal? I had the denial which stated the reason on the denial which is why my attorney filed my appeal. I know they argued they say evidence that for months the doctors were all wrong and I had no neck fracture or skull fracture as they called it with my 6 months i the hospital. But then they denied my DVT in my legs that clearly was there and was on narcotics until I was made able to walk again and made weight bearing. My claim is in the Prep for a decision were the doctor opined that my hip fractures were service connected yet another piece which confined me to the bed causing the DVT that and being asleep 26 days. I was supposed to be awaiting a video hearing is this normal I am going nuts?
  21. I have movement in both my claim and appeal so I guess I'm happy all the worrying about delays not that it's much but I had my Appeal now send out a Supplemental Statement of the case I haven't really done much research on the name just a STatement of the case but im still waiting for my hip to be service connected so I can say if my DVT wasn't caused by my prolong coma from my TBI my hip fracture keep me in the bed for another month until made weight bearing. So what is my next step with my appeal? The person on the phone said I had to read it she couldn't tell me I said ok and that my claim is in the Prep for a decision both are flagged for hardship so the dates don't matter they said.
  22. Well even so if I refile for a secondary will I keep the appeal to show my effectivety date.
  23. That would make to much sense for the VA
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