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K9MAL

Chief Petty Officers
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Posts posted by K9MAL

  1. In 2001 I had my initial C&P exam. I was approved for 30% Migraine/tension headaches, 30% R Shoulder, 10% Right Knee and 10% Right Ankle. However, I was shot down for tinnitus. I decided to apply for it again since I'm trying to raise a few percentages and get some other things looked at that are connected to my time in service.

    Just had my hearing test last week and received a copy of the report today… "At least as likely as not (50% probability or greater) caused by or a result of military noise exposure."

    It doesn't change my 60% rating but it's nice to finally have them have it marked appropriately.

    Edited to add: My DAV Rep told me NOT to contest the results back then because I shouldn't "rock the boat" and possibly get a decrease on something else.

  2. I used to get travel pay, but it just was not worth it. Like you, its about 10 miles to the VA, and I have to wait through a line each time to get paid. I would wait 20 to 30 minutes for $1.80 or very close.

    At the Las Vegas VA hospital you can sign in for your appt. at the appropriate area and they do your travel right then and there. No wait, no additional line and that's all she wrote. I get $11 a trip and generally go twice a week right now for physical therapy so it's worth it for me.

  3. Thanks for the helpful advice. My C&P Doc was great today! He was friendly, cordial and seemed to genuinely care.

     

    He also helped me remove and replace my Arizona brace and Don Joy knee brace due to my shoulder injury. He said that's the first time in 6 years of doing C&P's that he's had to help dress one of his patients. :)

     

    I hope his report matches my appointment… If so, things should go well with the raters I believe.

  4. I always wear the same outfit, don't shave or smell good when I go to C&Ps and my regular Docs for treatment. It is not the fact that we are over doing it, but the fact is that Docs will put notes on your visit that will say service member is well dressed and smells good. Then when the raters look at the notes, they try to low ball vets by saying that since you are well groomed you must be cured. God bless all of you, and may 2014 be a better year than 2013 for all of us.

    After a bit more research I've read that several places, along with not wearing any jewelry as well.

    Another big one I've seen mentioned is the "How are you doing today?" and the "Ok…" type response being a non-starter as well.

    Amazing how they obviously try to twist and use what you say against you in a literal manner to claim that everything's just dandy.

  5. Thanks Navy. I'll definitely need to ask them for help. I guess I'm just anxious about everything…

    I had a Gulf War C&P about 6 months ago and the Doc was the biggest a*hole you can imagine. I've never been spoken to in the manner he did and he was the most unprofessional jerk I've ever met. If it'd been a few years ago and I was feeling better it wouldn't have ended well at all… Couple that with a completely inaccurate report when all was said and done.

  6. I have a Gulf War and several other C&P exams tomorrow for increases on existing SC disabilities. Currently I wear a Don Joy knee brace and an Arizona (AFO) ankle brace, both are service connected.

    Since I'm asking for increases on both the knee and ankle will I be required to remove the braces for ROM testing? Due to flexibility and ROM in various body parts it's very difficult to get these on and off by myself so I'm wondering will the Doc help, a nurse, or do I need to bring my spouse to suit me up afterwards?

  7. Tell him to not shower, bathe or shave. Also wear plain dark clothes, no fancy colors. Also, when the Dr. asks your husband, " How are you doing " tell him to respond " If I was doing good, I would not be here ". It is over doing it a bit, but if someone would have told me this I would not have been low balled on my PTSD.

    Seriously? Would the same recommendation go for a "regular" C&P or just for mental health? I'm genuinely curious as I have a Gulf War and several others tomorrow.

  8. recently, I've reviewed some claims that the veteran was denied tinnitus because there was no hearing loss. The VA states that the cause of tinnitus is hearing loss. I'm not sure, but I have started reviewing cases at the BVA concerning this issue..

    I just took my C&P audio test with a private doc today. I discussed this with her due to the fact that my hearing is OK with the exception of the very high end but I have ringing in my ears. She said many people can have OK hearing and still have tinnitus. If it's denied I'll fight them on it.

  9. My question is how do I submit this? By mail, or hand carry it into the VARO.

    Is there a VA form or do I just write a letter similar to requesting a rating increase approval? You can use either VA Form 21-4138 or even just a letter.

    On the letter or the form, I suggest you write something like this: "I am submitting new and material evidence to reopen my claim for service connection for ___________." Use whatever other flowerly language you choose.

    Thank you very much! Now to see the Doc and get this rolling.

  10. However, if it has been more than 1 year since you received that letter, you will need evidence that is both new (that is, never considered before) and material (that is, evidence that is not of a general nature and is specific to YOUR condition) to reopen your claim.

    If you followed my earlier suggestion to get an evaluation of both feet and have your orthopedist (OK, podiatrist in your case) write a medical opinion, that would constitute evidence that is both new and materiel, so your claim should be reopened.

    It has been more than a year so this should be the case. I'm in the process of getting an appointment set up to have my Doc (Podiatrist) evaluate both feet and he's receptive to writing up a medical opinion, hopefully later this week.

    So, in the very near future I'll have the new and material evidence from the Dr. and will also have buddy letters to accompany that. My question is how do I submit this? Is there a VA form or do I just write a letter similar to requesting a rating increase approval? I'm trying to avoid using a VSO right now, first time didn't go so well, and doing everything on my own but am unsure of exactly which path I need to take.

    Thank you for your insight and advice.

  11. The facts, as I understand them, are:

    a. You incurred a foot injury in service that was documented as the left foot (whether there were X-rays made or continued treatment is unknown). FACT

    CORRECT.

    b. At your separation physical, you made a comment of continued problems with your right foot; there was no mention of any evaluation at that time. Although you say that this was documented at the separation physical, this becomes HEARSAY because there was no apparent evaluation to confirm any problems. DId you have a problem with the right foot? Or, did you misspeak and instead of left foot you yourself said right foot? Or, did you say left foot and the examiner wrote right foot?

    The problem with the right foot is listed on my report of medical history and assessment around the time I was exiting the Navy. The actual incident where my RIGHT foot was crushed with an Argon bottle was documented as being my LEFT foot which is incorrect.

    c. You now have a problem with the right foot, which you are currently seeking treatment. FACT.

    CORRECT.

    THAT'S why I suggested you needed an evaluation of both feet, to exclude in point of fact that there are any ascertainable residual injuries to your left foot so that it becomes obvious that the left foot was not injured, that it was the right foot that was injured, and that the discrepancy was an administrative error.

    I'm going to pursue making this happen although I'm not sure who I should go see here locally. I also have several friends I was stationed with at the time who would be willing to write "buddy letters" to confirm what I'm saying is true.

    At this point, the facts that you have shared do not objectively support that this was an administrative error. And, as I can't see at this point that "... the evidence is in relative equipoise ...", I can't see how benefit of the doubt comes into play here.

    My current rating since 1/2001 is as follows:

    Tension headaches with features of migraine - 30%

    Right should pain w/limited range of motion/bursitis - 30%

    Right ankle injury limiting motion, pain and unstable - 10%

    Internal derangment limited motion right knee - 10%

    I am going to be trying to have my rating increased on each one of these due to the injuries/condition worsening over time. I have had a knee surgery on the right knee and it continues to get worse along my right ankle and foot. My shoulder is completely shot and worsens every year. My migraines have increased with frequency and are more disabling. Dealing with the physical limitations and pain is depressing enough but staring up at the mountain I now have to climb with the VA seems insurmountable.

    My initial rating of 60% was in January 2001, I went through the DAV in Albuquerque and am now in Las Vegas, and now things have gotten much worse and I basically want to be reevaluated or have my ratings raised to what the current levels should be. I'm brand new at this and have just begun to research how to go about doing this so please forgive my ignorance.

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