MarkInTexas

Welcome! Good luck on your rating! Mark

John, Thanks for that information. Mine is still sitting at the Houston VARO. I'm still in the NOD phase, with no SOC issued yet. I have received a couple of letters from the VA trying to obtain more civilian medical records, so I guess they are still piecing things together on some of my denied claims. At this point, I don't know what they are doing. I wonder if it will make things even crazier if I add those additional inferred conditions, and request that the denied conditions be reopened. A couple have new evidence I have sent to the VA over the past two weeks, including SMR's from the NPRC. (The VA never had them in my C-File, and apparently rated me with out them. Truthfully, there were a few pages of isolated records, including my Mononucleosis diagnosis, but not the entrance physical examination, nor the exit examination, and no sick calls, or treatment for strep throat, etc. I'm not claiming the strep throat, but that was one of the particular incidents among many that I remember that they have no records in their file.) Is it beneficial to keep it active at the VARO level if new evidence is introduced prior to an SOC being issued? (Even if I'm outside the year of the initial rating date?) Mark

VetlawUS, Thanks for the information! Now when filing another claim on inferred conditions, I wonder if I should include all documents all over again, or just cite the documents that I know are in the C-File? (Or at least were there when I received my copy of it) I wouldn't think that the VA would create a new C-File for every new set of claims that come in.....would it? Thanks again! Mark

And get a copy of your C-File! Also hit up the NPRC. The VA doesn't always have the documents that they or the law says they should have. I have learned that lesson. Whether or not you use choose to have a VSO, you need to have as much information in front of you as possible for your benefit and for the benefit of anybody assisting you.

I should also explain that the VA denied my Mononucleosis claim however, due the small portion of the statement in the remarks section of "There is no active evidence of mononucleosis".....and they disregarded the remainder. I was hoping that my private IMO letter from my oncologist would provide the medical conclusion that Mononucleosis is a result of Epstein Barr Viral Infection. He was able to do that at least hopefully in this IMO. (I agree that I may need to go back and get that language included regarding a review of the military medical records.) The VA's rater took no notice of the Epstein Barr references, although I have it in a separate claimed condition during the initial rating, even with professional journal information, military records and civilian records. That's why I'm now trying to get as much evidence as possible, such as the IMO from my oncologist (and perhaps another independent C&P) to help me on this NOD process. The VA has recognized the link between Mononucleosis and Epstein Barr, and granted service connection on several appellate cases, so I guess I need to first try to convince my local VARO at this level. Wish me luck. Part of this is my fault for trying to do it all by myself. I've found I need to clean up areas where I wasn't clear, and thanks to the help of this site, I have a great deal of information available, complete with stories of lessons learned. Mark

Nobody has had additional conditions identified or diagnosed by a VA examiner during a C&P examination? Here is what was said on the C&P and DBQ: "Additional Clinician Notes: 2. Medical history a. Describe the history (including onset and course) of the Veteran's infectious disease condition(s): Veteran gives a history of contracting Mononucleosis in 1990, he had several bouts of viral illnesses attributable to the Epstein Barr virus then developed Hodgkin's Lymphoma in 1998 undergoing chemotherapy." "c. Does the Veteran have residuals attributable to disease: #1? [X] Yes [ ] No If yes, describe: . Chronic fatigue, recurrent viral infections" "7 . Remarks, if any: There is no evidence of active mononucleosis but he has active recurrent viral symptoms and infections attributable to Epstein Barr virus. All relevant submitted records were reviewed." "4. Medical opinion for direct service connection Choose the statement that most closely approximates the etiology of the claimed condition. a. [X] The claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in- service injury, event, or illness. Provide rationale in section c." "c. Rationale: Based on veteran's records of having Mononucleosis while stationed in England while on active duty there is evidence that the condition is as least as likely as not to have been incurred while on active duty." Also, the IMO from my oncologist of the past 16 years reads, "Patient was seen today for follow up office visit from diagnosis of Hodgkin's lymphoma. Mr. XXXXX was exposed to toxic chemicals and diagnosed with Epstein Barr which is also known as the virus mononucleosis during his time in service. This virus is known to cause Hodgkin's lymphoma and more likely than not is the cause for his diagnosis of Hodgkin's lymphoma. Order Entered 06/19/2014 15:53" He's a civilian doctor, and has a heavy patient load every day, so this was about as good as I could get from him on the IMO, but I have a good 16 years of examinations/treatments/reports that the VA has from his office on this condition, and he has been my sole oncologist during this entire time. OK......so does anybody think that I should file for the additional condition(s) identified as a separate secondary condition claim, or try to get them added into the current one? I've already filed a NOD, so I don't know that I can add at this point. Any thoughts or advice would be deeply appreciated. Mark

I received mine in July, 2014, about a year and five months later. What amazed me was that there were little to no SMR's, including only a couple of pages of my entrance examinations and two pages of my separation physical. I got lucky though and found treatment records for a couple of my claimed conditions, and was able to actually score a few of my separation examination pages separately recently from a NPRC request. (It took 3 requests, and each time I only got a few things although I asked for more....but the last time medical records showed up.) These recent records are new evidence toward a couple of my claimed conditions as well, and were not present in the C-File. I've since faxed the records over to the VA's "Evidence Intake Center" toll free number, mailed it certified to both the Intake Center and the Houston VARO, just in case. Mark

Thanks! I have an IMO from my oncologist of 16 years on my cancer condition and its service connection to a viral infection that occurred in service, but I have other conditions that I want addressed, plus two or three that the VA examiner noted in his C&P examination of me that the VA did not rate or add to my list of claimed conditions. I guess that part will be a whole new topic. (What to do when your VA examiner notes additional secondary conditions in a C&P examination.) So I guess I need a good IME examiner, who does an outstanding IMO. Mark

Philip, Thanks. I was kind of wondering that. If a veteran is going to spend a pretty good bit of money on something like this, I would hate to spend it, and then hit a wall if an IMO, even from a highly qualified physician, is rejected or not properly considered by the VA, for lack of an actual examination. I would also think that the examination itself serves as additional medical evidence toward the Veteran's favor on top of the language of the IMO that would be included. I guess the next step would be that the VA might order a C&P examination based on the new evidence in a private IMO, which would then be conducted by a VA paid (or contracted) examiner, and then it looks like it's back to square one. Again, I'm just guessing and trying to decide myself which would be wiser to invest. The IMO's are running around $1,500 - $2,000 (from what I have read on here), and IME's (with an IMO as well?) are running close to the same, depending on the doctor/clinic. Anybody have any other thoughts or experiences of what has happened to them, or what lessons were learned? Thanks! Mark

I am wondering what is the best option, IME or an IMO, for wading through the VA's appellate process after a NOD has been filed? Would it be wiser to go with a good quality IME examiner first, or just do an IMO with a records review, and then wait for the VA to decide to order any additional C&P's? Part of me thinks that by going through a C&P process with DBQ's in obtaining an IME might be a time saver. Thoughts or advice? Mark

I wonder......is that cost of $1,500 per nexus letter "per" condition reviewed? Or is to review and provide nexus letters for all conditions requested per veteran? Mark

VES did my C&P examinations, and I had to get a copy of my C-File to review the results. Took forever and two days to get that. There may be a different way, but I'm not aware. Good luck! Mark

I use the American Legion, and am also a member. You don't have to actually be a dues paying member to utilize their services, but I just love getting the monthly magazine that has the advertisements for comfortable shoes and the cell phones with the large buttons. They haven't helped me much, with the exception of being able to get in touch with a human on the phone a little faster than the VA's numbers, and are usually a little more updated than eBenefits. I also have faxed things to them to make sure that the evidence is "received" by the VA, by them running it down the hall. They usually call back to let me know it's done. I think the service has improved slightly over the years with the guys in Houston. Knowing that something has been received and filed in my C-File by being told is much better than the empty feeling of not knowing, even if a "green card" arrives back from the USPS. (I have had them lose documents even after signing for them at the Houston VARO.) Just my own thoughts on the subject. Mark

Howdy All, It's been a while since I've been on here, and I wanted to share that I finally got my C-File copy that I requested way back in February of 2013. I ended up finding the military and civilian medical records of four other individuals tucked inside, about 89 pages worth, and found that a majority of my own SMR's and civilian medical records were missing. I'm working on that through my appellate process, and I'll keep y'all posted. It does look like the C-File is missing most of my separation physical examination testing and report documentation though. I was able to reconstruct a bit with copies that I had and have since forwarded on to the VA, along with a lot of personnel documentation that wasn't in the file either. However, the thing that intrigued me was that I finally was able to read what my VA examiner, a medical doctor (retired USAF Colonel) working for the contract company Veterans Evaluation Service had provided in my C&P examination report. This particular examination was for service connection for Mononucleosis, incurred while on duty. I noted that he did service connect the Mononucleosis infection on my DBQ, advising that the first sign occurred while I was on active duty. However, he goes on to state that while I show no "active" signs of Mononucleosis, the resulting Epstein Barr Virus (virus that causes infectious Mononucleosis), has caused residual conditions of Chronic Fatigue and "recurrent viral symptoms and infections". He even went so far as to add my other claimed condition, Hodgkin's Lymphoma as a secondary condition to the Mononucleosis (I have a NOD already filed on this, along with the Mononucleosis and Epstein Barr Virus residuals.) I believe the rater probably went with the "no evidence of active Mononucleosis" and denied. On the Hodgkin's Lymphoma and Epstein Barr conditions, the rater stated that there was no record of Mononucleosis in service, which even the VA examiner noted was present. (Which now that I have copies of my SMR's in my C-File, I know that evidence of diagnosis was present and available upon rating.) I've picked up the football with a medical opinion letter from my oncologist, linking my Hodgkin's Lymphoma condition to Mononucleosis and Epstein Barr infection, so I'm working on that. However, here's my question: Should I go ahead and file a new application on the Chronic Fatigue and "recurrent viral symptoms and infections" conditions right now? Or wait? I already have claimed conditions that are in NOD for joint pain, sleeplessness and sinusitis. Would these cancel each other out with a Chronic Fatigue or "recurrent viral symptoms and infections" claim? Also, because he diagnosed these conditions on my Mononucleosis DBQ, will the VA trash them immediately? Any thoughts or advice would be deeply appreciated. Have a great weekend! Mark Oh yeah....and when people on here say to get your C-File copy first before starting on this adventure......DO IT! I wish I had saved myself the years of waiting and stress by requesting my copy at the onset.

Howdy to All, It's been a while since I've posted here. I've been busy with helping the wife take care of our baby girl we had this past March, and with also assembly my own NOD before the deadline next year. I have been lurking and reading though, and appreciate all of the input and advice. I have an interesting one, and I'm not sure what to do to help. I have a friend that lives down the road from my home. He is 87 years old, and a World War II Navy Veteran. He has never been on any VA disability, nor received any benefits to my knowledge. He has hearing aids from pretty major hearing loss, and is trying to get the VA to help him on the cost of the hearing aids, and perhaps his eyewear (glasses). He only makes less than $1,300.00 a month in Social Security/retirement. Apparently, he had somebody help him complete paperwork at the VA clinic in Beaumont, Texas and was "placed" in Priority Group 8g due this household income exceeding the VA's established financial thresholds. He provided me a copy of his denial of services letter, and was hoping that I might be able to help. I don't know that he has used any Veterans service organization yet. Does anybody have any ideas of where I can send him, or what I can do to help him get things moving? I would think that a WWII Veteran would be able to get rated for a service connection, and provided for pretty quickly. Any help would be greatly appreciated. Mark

I used a U.S. Senator, and to be honest it only slowed me down. They did inquiries, and I received notices, but with each of their "follow-up" inquiries (which they do automatically) my file got pulled, and sat on a desk until some VA clerk wrote a status response. Didn't help me on expediting, nor on the rating. A State Representative won't hold any swing at all, except maybe to stall you a few weeks in a quick response to that Rep. They won't take him/her seriously though, and even if he/she called personally, it wouldn't affect the final results. Just my thoughts. Mark

I thought we had a year to file a NOD? Is there a 60 day time limit? Mark

Congratulations! Wishing there was a "Like" button for this. Mark

Congratulations on the rating and success. We'll keep you in our prayers. Mark

Remember a year or so ago when they had those commercials with the Russian sounding guy that would answer the telephone saying "This is Peggy."? I think it was a Capital One credit card commercial or something. It was some guy in a cabin or something pretending to be a call center, and when the caller asked what rewards they got, he would tell them they got points, and I think in the end they get a mug or hat. Basically it was that the fake call center was representing a company with fake intentions. That evolved on here as calling the 1-800 number to the VA, and getting a call center person everybody now identifies as "Peggy". Of course, with the quality of eBenefits,the Peggy name stuck and now most call it ePeggy. : And that's the history as I know it. Good luck! Mark

Good luck, Wvserver! Keep hitting at 'em. I am as well. Mark

Could you have residuals of infectious mononucleosis? I had that in the military, then developed Hodgkin's Disease lymphoma, Bell's Palsy, coupled with a whole lot of symptoms very close to fibromyalgia. (sp?) Although, I was confirmed as being diagnosed and treated for mononucleosis in the military, as evidenced in my SMR's, the VA has denied me due to their belief that the mononucleosis did not affect me later in life. Of course, under the Hodgkin's Disease and Bell's Palsy conditions (diagnosis and treatment for both, chemotherapy and surgery on the Hodgkin's) the VA denied my claim of these as secondary conditions to mononucleosis, because they could find no record in service. Now it may be just me.....but that logic makes absolutely no sense. But I'll NOD it anyway. So basically what I was trying to say though is that mono and fibro have similar systems......fatigue, immunity problems, etc. Good luck on your fight, and thanks for your service. Mark

Congratulations on the win though, and I hope you get rated as you deserve, instead of what the VA wants to try to bluff with. I ended up missing one of my conditions on my rating notice letter completely.......no service-connection, no deferral, no denial......just wasn't on the letter with everything else, although I had gone through the VCAA system on it. I sent an IRIS inquiry off today as well, along with a request on the status of my open records request for copies of the entire contents of my C-File. We'll see what canned response I get. Good luck on the fight! Mark

Cham, thanks for the advice and encouragement! Good luck to you on your claims. I hope they are fast and fair. I made a mistake not getting my C-File at the onset. Now I want to know what the VA was looking at that I wasn't. I plan to NOD all my claims, starting with hearing loss in my right ear. I can't believe they granted it for my left and bilateral tinnitus, but denied hearing loss for my right even they admitted there was an amount if loss and the VA doctor opined that all of it was from my military service. I also have cancer and Bell's Palsey claims as secondary to infectious mononucleosis that I was diagnosed with in the AF. Both occurred following my leaving the AF. They denied those due to no evidence of mononucleosis in the military. Then on the residuals of mononucleosis claim they stated that although I was diagnosed and treated for it in the military, there was no evidence that the condition had affected me later I life. There was also some typo information in there about a 'muscle' that looks like it was accidentally left in during copy/pasting. That's one reason I want to get my SMR's and personnel files to loo at what evidence they are using. I also want to obtain an IMO from a doctor establishing the nexus. If I'm wrong on this, somebody please chime in. I want to do this right the ....errrrr....second time? Mark

Thanks, Capt.! That's a relief. I know that there is no definite wait time, just like in everything else the VA does, but a couple of months is worth the gamble of waiting before sending in my NOD. I just didn't want to end up at the 9th or 10th month mark still waiting for the C-File before as the 1 year clock ticked on the NOD. Thanks again, and I reckon my own fight has just gotten started with them. Mark