SpcDearman

Using my PC now. BErta i initially went in for inpingement syndrome on shoulders, bad knees, and calcified granuloma for the claims. All were slapped aside except for the lung issue. As a matter of fact, Carlie even gave me a hint. She said i would worry about the lung issue first. Upon denial of the lung condition-- "There is no question of a nexus between the diagnosis and military sevice but there is no record of treatment. Therefore no rating can be applied." I was so stupid and the examiner put it in plain letters. Now i am being treated for breathing problems. They seem to think either Lymphadenopathy or Asthma. They ruled out sarcoidosis due to me not loosing weight. I am currently on an inhaler for Preventil and Symbicort. I have had 3 ct scans and the final one, in november, showed that my lymph nodes are inflamed where the clacified granuloma is. Keep in mind no entrance exam caught this and it first cropped up in the military at FT. Hood. The examiner didnt deny this. They also gave me pneumonia which is also documented. You guys say never give up. I didnt and i think ihave made a chink in the VA armor.

I have no rating. I went about it wrrr wrrr incorrectly. By the way. Its good to see you doing well. How is Carlie?

Hi all! Long time no type. I was just wondering something. About 3 years ago i was d3nied for a series of claims. One being calcium deposits in my lungs. The denial was basically no treatment for issue first seen in militarY. I am now receiving treatment for calcium in my lungs that was first documemted in the military. The pa did state that there was a nexus but no treatment. I feel confident on refiling but need some advise on where to begin. They did me so rottten on the initial that i want to b3 fully loaxed for this battle. Ask all the questions you need. Thanks in advance.

Also, too bad health insurance doesnt cover IME's. I understan IMO's but do see why IME's arent covered.

Great. Thanks for the contact information. I just peeked at the DRO hearing thread and I probably have some time ahead of me to save up lol. Waco is the location and they are just a bunch of mess right now. Thats what you get when you place a VA facility like this in a small town. No offense but you dont have access to some of the best and brightest. I believe there are smarter people working in the Doctor Pepper Museum than at the VARO. Just my opinion.

Great. It will take me some time. I heard that he does charge quite a bit of change for his services. I do understand why though. If he can link my service injury (duly noted in STR's) and my issues with my shoulders then it is well worth it. I did look online for soldiers with the same shoulder injury. There are several that have injuries worseing and were denied at the RO level. One specifically stated " The soldier has no treatment records after seperation which was overturned by the Judge. One even chastised the VA examiner. " Even if the veteran did not have treatment after seperation there is clear evidence that the shoulder strain was diagnosed in the military. Compensation granted. This always give me hope that eventually they do the right thing.

Hello Berta, It has been quite some time since i last posted here. hello to all that have helped and remember me (jbasser,asknod, carlie, and others that I cannot remember.) I have just received confirmation that my NOD has been received. Thats not my question. Some time ago I was hearing that VA was attempting to deny any IMO's from DR. Bash. Is this still true? I know how much respect that you have for Craig but i want to be sure. I am about to get a sign, recycle some cans, (haha Carlie) and do whatever I can to gain an IMO from him. I hear that he is rather expensive but in your wise words "An accurate IMO is worth any amount of money that it takes if you can assure that the VA grants your claim." (Ok it wanst verbatim but you get the point.) I see now that I have a beast to go up against and I refuse to do this without help. I have my wifes statement (met and married 4 months after seperation. Oh wait this Saturday is our 18 year anniversary) and am currently getting a statement from the NCO in charge of me. He was present for all sick calls and for the tank accident. He actually helped get me out. Ok i am rambling but if he is still good I do plan on seeking his assistance. Guys, have an awesome day and thank you for all of your service.

Ok rdawg, I actually got a response from NPRC and it will be 6-13-13 before i get my records. i laugh at this date hysterically.

I just found a doctor in Texas that specializes in Orthopedics. I am awaiting his response and a response to where my STR's are. I only have one problem. This doctor and my Ortho doctor at the VA have EXACTLY the same name. If it is the same gent then he probably wont give me an IMO.

i actually just received a response from NPRC that they will communicate via email so maybe i will have these records for my doctor soon. I just am making sure that all of my ducks are in a row in the event that my 1 year appeal time gets close. It will be November 1st and I have heard horrible stories about people not having records to properly appeal.

Good morning, I have been speaking with you guys upon my Nod and received some great information. I just wanted to see what a buddy statement would do for a nod. I just found my Sgt that was in charge of me on Facebook. This gentleman knew EVERY time that I went on sick call, the times that i complained and nothing was done, and also how quckly i was pushed out of the Army and not provided a proper exit exam. i was under his watch for 2 of my 3 year enlistment. In the event that the STR's some to close to the deadline and i am unable to get an IMO do you think that a nod with his statement would work?

Yes ma'am i do. I was medevac'd in a black hawk. It was the first time i actually got in one and didn't rappel out. They have not denied this event happened.

I apologize but I could not leave this off after reading further. [i am asked to render an opinion, however after a review of the STR's i cannot render the requested opinion as there was a lack of diagnosis in the str's regarding his shoulder and his knee. there was one entry in basic training in 1992 (which i have stated numerous times to these people that it was not totally the tank issue that brought it up but rather the period where it got really bad) stating that he "hurt his shoulder ", but it didnt say how or which shoulder. Then another stated that he hurt his left shoulder and knee in a tank accident while in active duty. However, it did not say which knee and did not say how his shoulder was injured and no diagnosis was given. So there is no real diagnosises relating his left knee or his shoulders in his str's to allow me to render a requested opinion based on my diagnosis.] This entry was rather odd to me.

I agree with you on this. i have another question since you guys asked for my denial. I actually am looking at my records (minus c-file) as i type. Can you explain this form me? I do not like it. to answer the literal question, the veterans current chest findings are more likely than not related to the cxr findings that occurred while in service BUT it is less likely than no that he has an active process and its also less likely than not that the original findings during his active service were related to any in service injury, illness, or exposure.

Can you be a tad more specific please?

I have another question and an observation. Observation: I do believe that the VA has shown their hand to me on how to appeal. The VA stated that i claimed that a tank accident in 1994 is what caused all of my disabilities. This statement is false. I stated that this tank accident AGGRAVATED my shoulder injury due to it already being injured. My denial was based on "did the tank accident in 1994 cause the disability. I know this due to the RO sending another question to the examiner that if it was preexisting could that tank accident have AGGRAVATED an injury. Why would they ask this? Preexisting injuries can be service connected if they are agrravated by military service and it is clear and unmistakable that it is not a natural progression of the disease. My question: Should I just simply appeal this with documentation from my medical records and entry exam for a preexisting injury? Please respond for me. Thanks

The great thing about all of this is that I have new personal insurance for the first time ever starting tomorrow. I no longer will have to seek delayed and unprofessional service from the North Texas VA hospital in Dallas. I would like to ask should I attempt to find a doctor with orthopedics background or what. i see how hard this has been and want to ensure that everything is done correctly. My clock is counting down and i need to have everything ready once my SMR's (eventually) get here. My claims office is in Waco Texas (about 1.5 hour drive) Is there anyway that I could go there and pick up copies due to my C-File being there?

Rdawg, I was confused until that last post. Correct me if i failed the EED class lol. 1. Get those dag gum SMRS (ordered on nov 6 2012 with confirmation receipt) 2. Get either my PCP or another doctor to provide an Imo. 3. IF WITHIN MY YEAR, send IMO to VA appealing. (21-4138) 4. IF NOT IN ONE YEAR, send in NOD. Submit that form due to it asking for reconsideration and wait for a denial (joking i am thinking positive.) Got it?

Carlie - Thanks for the direction ma'am. I totally agree with you there. As far as the reasons and bases section ma'am I am part of Task Force Texas. I received a NEW denial form and I listed exactly what it stated. It seems weird how they formatted it Carlie. I am going to scan it tonight and let you guys look at it. It immediately stated something to the effect of "We have recently changed the way that we report back to the veteran but ..... blah blah. Ma'am it really looked as if a high schooler used microsoft word to create it. So correct me if my path from here on is incorrect. 1. Get copies of my STR/SMR for doctor review 2. Obtain either a PCP IMO or secondary (not related to my new health provider) IMO. 3. Send in with a NOD to my local VARO I just wanted to add that the below post was what i received in my white envelope. I am going to scan the C&P examiners second opinion for you guys later on. It is very interesting to the point that it appears DR. Hightower is speculating. He really didnt do much research at all. ASknod's cavc case email brought me back. If he saw that i worked in a carwash (even though it was for 1.5 weeks) why didnt he see that i told my primary care provider that I self medicate. By using my psyche records against me he just opened up a can of worms. I remember that I told him about the self medication on that same visit. FAITH!!!!!!

So basically if i did not file a Nod within 60 days the ED will be when I appeal? I am so confused. I know that this is actually what VA wants.

Ok i really am back in the game now thanks to you guys and asknod. i am responding again to ask asknod to post that CAVC decision that he emailed me. This REALLY puts the ball in our court a tad bit. Asknod, the gent is exactly like I am. Self medicated for 12 years. notice how you said that VA will twist the records to their benefit? Why didnt he also see that in the same psyche paperwork I did tell the doctor about self medicating with 1200 to 1500 milligrams of Ibuprofen DAILY. this may be the reason why my stomach hurts EVERY morning until I take malox to calm it down. If not, i get stomach illness. Thanks guys.

I was really down this morning and really needed the support from you guys. I really appreciate it. I am really waiting for my insurance to kick in next month. Carlie - The IMO is what will take my last reserves. I will see if my PCP will help me and write an IMO. this would be much cheaper. i really was contemplating having the great DR. Bash provide it but he will clear out my little savings with his fee. I know i know Berta that an IMO is the best investment that a VEt can make. (OMG i listened). Broco I need to have my SMR's for the lawyer to review right? The only thing that I have is C&P exams and medical records for when I attended the VA medical center after ETS'ing. (about 2004 for some depression issues)

Ok so maybe if i can get this answered I would feel better. I really enjoyed your experience for your back. it did give me a bit of confidence. My question is that if you were making the majority of your complaints in the field if these complaints were documented and saved. Alot of my issues came while in the field. Funny how if you add 110 pounds of gear how it makes shoulder muscles work even more and the RO still didnt notice that. Wait. I think that she did. She sent this back to Dr. Hightower and had to get a second opinion from him on if the accident could have hurt some preexisting injury. That may be where i need to take this. They are considering the tank accident only. If they were injured before how could being Infantry NOT make it any worse. Thanks vet and Dawg. I think i may be back. I do believe that I need attorneys help for this beast though. heck, even an IMO seems like it would work. Awesome uplifting guys seriously.

I will do that before i give up. I want to ensure that he/she has my SMR (STR). I don't really want to give up but I am in waaaay over my head. I did not expect to see that in my denial. I am not really worried really about the effective date but am worried that it wont ever be approved.

Guys i really dont see much light at the end of the tunnel the way that my denial is broken down. i do think that this monster is too big for me to slay. i do think that i may justlet this go. i do appreciate the spirited debate and the uncionditional help but i do feel that I am fighting a losing battle. I cant bear spending all of my last resources on something that isnt going to get approved anyway.