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K9MAL
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Posts posted by K9MAL
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Thanks broken soldier! Reviewing them now and seeing how they'll help me with my case.
You should remove your name from the full NOD PDF.
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The last time I did one like this, where the criteria and rating didnt match, I sent an appeal that looked like a 4 pg short term paper (I was in school at the time) Annotated, with foot notes pointing to dates in my treatment records that I made copies of from my Cfile and included at the end, as addendums. I then highlighted the relevant portions of my doc notes, and labeled them according to the footnotes. Its at BVA with VSO right now. We'll see what they say when they see THAT! I can send you a copy of what I sent them (for bilateral radiculopathy) so you can see what I mean, if you want.
I would love to see it. This sounds like the approach I was going to take as well. Give them absolutely zero reasons for them to not give me the proper rating with all of the information spoon fed to them. I will admit, I presented my case similar to this initially but I guess I reallllly need to spell things out for them on this go around.
Hopefully the envelope will get here soon and I can see what they based their decision on. I also need to order my C-file and hope they'll get that to me sometime in the near future as well.
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Why a fight? 80% is a pretty high rating, while still being able to work. Ive not had a fight with the VA for anything-I file, wait, get the results. Appeal if I need to. I don't consider it a fight. Putting in that context just stresses people out.
The fight context doesn't stress me out, it focuses me. I read the VA's criteria for a rating, compare it to my case, and the two don't match up in terms of percentage. Call it an appeal, or anything else for that matter, but for me it's a fight to get the rating that I should be compensated at.
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Check your rating letter on eBenefits. It should have changed to reflect whatever rating you have
Where is that located?
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I checked eBenefits today and my claim finally moved to "Decision Notification Sent" today! I was wondering if there was a way to check what the decision on claims is prior to receiving them in the mail? Is there a feature or function on eBenefits or HealtheVet or am I stuck spinning my wheels...
Thanks! -
Since his memory is shot, I'm also going to prepare a single page summary of his symptoms that he can hand to the dr. at the C&P. I think everyone gets nervous and forgetful at the doctor's office, so it will help him not to forget to say anything important to the doc.
This is an absolutely fantastic idea for anyone going into their C&P evaluation. Great idea!
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I'm hoping they bump me to 90%. When I reviewed everything that's what I think it should've came out to… Then again, maybe wishful thinking on my part.
The VA Doc was not a gastro and when I asked what his specialty was he said family medicine. I think he did a good job for the most part and was very personable. However, I also feel like he didn't record all the measurements properly, left knee especially, and he tended to kind of gloss over stuff after reading the C&P results.
I have no idea why they scheduled the C&P after the private gastro guy. There was not a nexus per se, but, he did write that he'd reviewed my service records where IBS symptoms are documented in-service. Also, I am a Gulf war vet so I know it's covered under the presumptive mandate… Hopefully they'll get it all figured out soon.
This is what I initially wrote for the sleep disturbance:
Dear Sir or Madam:I am filing a claim for a sleep disorder as a presumptive illness due to my service in the Gulf War as per section 3.317 of title 38 of the CFR.Before and during my active duty military service I never experienced problems with sleep prior to serving in Southwest Asia during the Gulf War in 1998 and 2000.My sleep disorder keeps me awake throughout the night, several nights a week. I wake up in the middle of the night and can't get back to sleep. I feel exhausted and still can't fall asleep or stay asleep to get a good night's rest. I feel fatigued, worn out and my ability to concentrate is greatly diminished.My wife complains of my constant snoring and that I will stop breathing intermittently throughout the night while sleeping. She has also complained of me coughing violently and waking myself up.Thank you for your kind consideration of my request.Respectfully,K9MAL -
And I'm back to Pending Decision Approval…
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I'm a bit confused on whether you filed for sleep apnea or sleep disturbance? My understanding is that they are 2 different rating codes. Sleep disturbance falls under mental health ratings with a maximum rating of 30%. The way you described it above, it sounds like you filed for sleep disturbance, but all your evidence was for sleep apnea. Am I missing something here? I wonder if that's why the C&P doc didn't give you the nexus?
Rather than NOD that, what about filing a new claim for SA "secondary" to one of your other service connected conditions. Get your own nexus statement from an IME doc from that list on imenet.com
My contention was sleep disturbance due to Gulf War service. However, he did quiz me about the sleep apnea as if that's what the problem was. I relayed to him my issues of insomnia, somnolence, wakening and not being able to go back to sleep, etc.
I'm guessing I'll be getting the envelope this week and then I'm gonna need your help and the rest of Hadit's to devise a game plan. I do like your IME doc and refiling it as SA secondary… I'll need to think this one through for a little bit and develop a strategy.
Currently I'm SC rated for R ankle, R knee, R shoulder and migraines but I did just go to psych for my first visit this past week and the doc said I was depressed… Not sure if this'll be linked to my pain issues but I did try to express that to him. I'm gonna try to get the notes this week and see if he mentioned it or not and if I can claim depression as secondary to SC injuries.
Thanks NavyWife!
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I put my claim in for an increase in January 2013. I got my C&P exams January 2014 and I'm now in "prep for notification" so it looks like it'll be about 14 months beginning to end for me. Not great, but much faster than some other locations.
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Great News Bud,
You will win the War in the end, just keep the Battles going. When did you have your C&P exams? I am trying to get an idea on timeline. I had my C&P exams today for my FDC increase. Hope they work the rest quick for me. Thanks
Thanks. I had my C&P exams on January 9th. Progress has been good after that and I've been pretty happy with how fast my claim's moved forward.
I originally submitted my request to up my ratings in January 2013. It looks like beginning to end will be about 14 months for me.
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Just moved to Prep for Notification. A girl called me today, very friendly, to let me know they were adding my 1 year old son to my award after over a year and to let me know "unofficially" I'd be getting my envelope within about a week with an upgrade from 60% to 80%. I thought I'd be rated at 90 so it looks like I'll be going the NOD route very soon.
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every va medical facility is different.
Right, that's why I stated "As an example…" and "at the Las Vegas VA hospital."
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An X-ray is next to useless, you need an MRI.
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Just one example… PTSD can be brought on many things besides combat. Assault, sexual assault, traumatic accident, etc. Just because you don't know the exact specifics of someone else's history doesn't grant you the right to judge them. A whole lot of assumptions being made here...
Service-connected disability compensation is a monthly payment made because of disability:
· resulting from an injury or disease incurred or aggravated
- in active service, and
- in line of duty (which includes disabilities that are not the result of alcohol or drug abuse)
· presumed by law to be related to military service, or
resulting from other limited circumstances, such as disability that is the result of Department of Veterans Affairs (VA) hospitalization or medical treatment, per 38 U.S.C. § 1151.
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If you dont mind me asking what does the va pay for ea h clothing allowance?
My job pays 400$ yearly. I love seeing those unexpected 200$ checks
They pay $753 per year for each allowance. Using myself as an example: Don Joy knee brace and AFO = 2 clothing allowances which is about $1500 per year.
That's a lot of help for replacing worn clothing items.
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PD680 was still in use from 97' - 01'. I was an AMS in AIMD, worked next to jet mechs, and we used it frequently for degreasing bearings, wheels, etc. on aircraft. Basically, it's dry-cleaning fluid if I remember correctly. Nasty stuff.
P-D-680 was a Federal Specification for dry cleaning and degreasing solvents. It was widely used by the Department of Defense in general cleaning applications. Numerous federal, state, and local environmental regulations impacted P-D-680 solvents as a hazardous waste, as an air pollutant, as a toxic substance, and as a flammable material. Another problem was that the specification was too general. MIL-PRF-680 for degreasing solvents replaced P-D-680 as of December of 1999.
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As an example, mine took 3 weeks at a VAMC, it was a lot of different exams rolled into one. If you go to the ROI (Release of Information) and request for it to be sent to you as soon as they receive it they mail them out to you straight away, at least they do at the Las Vegas VA hospital.
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Thanks! I have no idea how a vet is supposed to find out about things like this unless they're online doing research. It's not like the VA or your VSO is gonna let you know about "extra money".
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No, I did not raise the suggestion that my IBS was or I believe that it is Gulf War related. I wanted to see what/where every issue I had landed (denied/granted) and what direction each would take me, before I got down to specifics. Now that I know where I stand, its time to start punching things into the direction I feel they need to go.
This is the verbiage I used in my claim… I don't know if it's "right" or not but it makes it clear to the nitwit behind the desk.
I am filing a claim for irritable bowel syndrome as a presumptive illness due to my service in the Gulf War as per section 3.317 of title 38 of the CFR.
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Thank you to Hadit and it's membership! I didn't know about the clothing allowance prior to joining here and reading, lots. I feel like an amateur attorney after the countless hours of reading, researching and becoming educated on the VA and all the loopholes. Anyhow, took the Las Vegas VA hospital about 2 weeks to approve and send this to me. Thank you Hadit crew!
I know it's a small victory in terms of success stories but every little battle counts as a victory!
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Still waiting on Reno… But, I wanted to say the VA hospital here in Las Vegas has been top notch for me as well. With the exception of one NP I've had great care from the physical therapy team, to neurology and my awesome pulmonary doctor who diagnosed me with OSA and got me prescribed a CPAP in 10 minutes!
Now, if Reno would just get it's shit together we'd be set...
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0% for migraines? How many do you have in a month? It gets awful redundant, but when you get a migraine, get to VA, the emergency room or where ever you need to go in order that you may begin a documented trail of these things.
with characteristic prostrating attacks averaging once a month over the last several months will get you 30%. Again, they have to be documented. I know (from much experience) that when you get a migraine, the last thing you want to do is get into a car and go to the hospital, but you need the documentation!!
I would suggest getting a referral from your primary care doctor to a neurologist. Explain to him what's going on, get prescribed the proper meds or treatment, and he'll document his findings and what you relay to him. You'll do your follow-ups with him every couple of months to adjust meds and document your headaches or the lack thereof.
By definition, if your migraine is prostrating, you won't be getting into a car and going to the hospital. I'm not saying you're wrong with your advice but I think there may be more practical ways to accomplishing the same goal.
With all those problems I would be pretty depressed. Need I say more?
It never hurts to talk to someone about how much you're hurting.
Appeal Process In General
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Reading through that definitely helped me understand the process better. Thank you!