USMC5811

Not that I don't agree somewhat with the other posters...especially the comparison to Military Intelligence:) BUT from what I have been following in regards to submission of our own personal paperwork to the VA, request for C-File, request for a copy of C&P paperwork - whoever is updating the info at my RO (Winston-Salem) concerning my and my husbands claim has been pretty good in accuracy and time wise in getting the info on ebenefits. The reason that I can state this is because I have the dates and receipts (signature requested) that I sent the items to VA and within 5 days to a week after mailing it shows info received on ebenefits. Same with requesting and receiving the other info. They have also been right on the mark in regards to upcoming appointments as well. Thank you to whoever is doing this... As for the actual compensation claim status of our claims - I can't verify if they are actually in the phase that it states on ebenefits - they could be just having fun screwing with me.....but over the last 18 months...I have seen movement 4 times...some forward....some back in regards to what phase of the process our claims are reportedly in. The date of completion has changed at least 8 times...adding more time for final completion each time. Moral of my long winded story in regards to claim status...until I see the AB8 document change AND get the envelope in the mail....I won't believe it.

Just my two cents: Have you obtained copy of your C file? Curious to know who determined and what evidence they used to determine that it was a preexisting condition given that your entry physical exam shows no notation of any pre-existing condition. 370 F3d 1089 Wagner v. J Principi is a very good case that covers presumption of preexisting conditions. Do you have a statement(s)/records or can you obtain same from anyone that either treated you (pediatrician, doctor etc) prior to service entry OR how about next-of-kin parent, siblings etc that could perhaps write up a statement that you did not have this problem prior to entry into service? I'm guessing here but if the VA has a statement/report/opinion from one of their physicians that state something along the lines that your condition must have been pre-existing because of the following medical opinion, etc I sure as heck would get an IMO that would back (bad strep infection the summer after I entered active service and this is a known potential trigger) your medical research. I'll assume that whoever gave the opinion of it being a pre-existing condition to VA did not know you prior to enlistment and I personally would counter this person's opinion with an IMO to counter this - even if it is from a doctor that did not know you prior to entry. Thanks for sharing Sergeant G's remarks especially the information pertaining to IRAC. Hoping the best for you!

Saw MarkInTexas as the poster in Success Thread and thought they finally completed your claim...no such luck I see.:( Well Mark I have not been waiting as long as you and our claim is in the second place screwed up RO (Winston-Salem) but have seen movement. I have not been around the forum lately ...been pretty sick the last few months but on the upside it definitely kept my mind off of my claim and my husbands. Looked at ebenefits on Friday....and it would not allow me to see my claim info, there was an "error". Checked Saturday and they have moved to Prep for Decision from Gathering Dust (had been in Review of Evidence months ago only to move back in the process). At least there is movement, even jumped a step this time - I'm thinking they are just screwing with us. Projected completion date moved from Feb 2013 to Aug 2013 - go figure.....and so we continue to stand in line. Happy New Year!

A new scientific paper presents evidence that nerve agents released by the bombing of Iraqi chemical weapons depots just before the ground combat of the 1991 Persian Gulf war began could have carried downwind and fallen on American troops staged in Saudi Arabia. The paper tries to rebut the longstanding Pentagon position, supported by many scientists, that neurotoxins, particularly sarin gas, could not have carried far enough to sicken American forces. An abstract of the paper is available on the Journal of Neuro-Epidemiology website.

VA to Add Five TBI Related Illnesses Week of December 17, 2012 The Department of Veterans Affairs is publishing a proposed regulation in the Federal Register that would change its rules to add five diagnosable illnesses which are secondary to service-connected Traumatic Brain Injury (TBI). Comments on the proposed rule will be accepted over the next 60 days. A final regulation will be published after consideration of all comments received. The proposed rule and information on how to comment is available on the Federal Register website. Specific information about the Defense and Veteran Brain Injury Center is available at www.dvbic.org. Information about Gulf War and VA's services and programs are available at VA's Gulf War Exposures webpage at www.publichealth.va.gov/exposures/gulfwar/hazardous_exposures.asp.

Thanks for the link. Not surprising ......too many of us that have been waiting for a heck of a lot longer.....then their "average time". This is also an interesting link - although I don't have much faith in VA listening to Congress: http://vetlawyers.co...or-rate-crisis/

Wonderful News Chinavet - Congrats!

Where my husband and I went for our C&P's was less then 30 miles away from our home - no matter what method one uses to calculate the miles. We were both reimbursed for our mileage for the C&P's - we each had different dates and times so we did not drive together. I could not find anything here: http://www.va.gov/he...lFAQ.asp#travel that talks about a minimum.

They put the "claim estimation completion date" on a few updates ago - about 5-6 months. Just from the vets that have posted on hadit.com - these dates have been proven not to be correct in most cases....some have surpassed their estimated dates and are still waiting. The estimated completion dates on ebenefits tend to change without rhyme or reason..

Congrats!

Greg - really happy to hear that your examiner was pleasant, took your documentation and did a thorough exam. Hopefully when you get a copy of the C&P results - they will reflect an honest evaluation of your condition. I'll assume you have the originals or a copy of the documentation she took from you....just in case they never end up at the RO via their method...so you can send them in yourself if need be.

Not sure if this is new but I just noticed today that one can change and update their dependent information now via ebenefits.......everything is running really slow right now - at least for me - when browsing around in there. If that was added, with the ability to upload documents to verify dependents (birth certificates, marriage certificates) it is definitely a plus if it actually works. Was just curious as to the "updates" that were made....

Congrats! Hope your enjoying your victory and are able to relax a little more now. Thanks for sharing the info about the Texas Vet Commission - I know there are more then a few vets from Texas on hadit.com that have been waiting a long time...it might help them.

My question is could i request an Re-Exam for these conditions before a final decision is made on my rating? You could ask....but they could also deny you a re-exam. I have seen claims on appeal (years waiting) - get a reexam when it was remanded back to the RO. In my opinion and just my two cents....I would obtain at least one if not more IMO/IME and also have them fill out the DBQ (Disability Benefit Questionairre) for your contention and then submit them (certified/return receipt requested) directly to your RO as soon as possible. Forgot to add, I would also do a cover letter and explain what your VA C&P consisted of = 20 minutes and what was done during those twenty minutes. Then I would list your attachments (IMO/IME, DBQ's) in the cover letter. DBQ's are very much like the paperwork the VA/VA contractors fill out during the C&P's. The only thing that is different is they don't have the less/more then likely statement. Your going for an increase, so your already SC'd - no big deal about the less/more likely then (which is usually written in a good IMO anyway). My thinking is always to obtain evidence to refute an incorrect evaluation/exam - the "benefit of the doubt rule" is suppose to go to the vet. More about the benefit of the doubt rule: More about DBQ's - More about IMO's - http://www.hadit.com...by_dr_bash.html More about C&P rebuttals -

yup -

I have a feeling they were overwhelmed with calls, after the number was posted which might account for his attitude. I was hoping they would be able to at least give those over the two year mark a little more insight then the 1-800 number. I hope they at least continue to help those vets that are in financial need/homeless or close to it and our older vets (I'm no spring chicken). I have a feeling after this update that everyone will see their "estimated date of completion" dates change - has anyone's dates ever been right? On a side note I was researching something and came across this link to see the backlog of claims for one's particular Regional Office - it's updated weekly. http://www.baycitizen.org/veterans/interactive/map-disabled-vets-stuck-backlog-limbo/?utm_source=BayCitizen&utm_medium=social_media&utm_campaign=tumblr

Being that it is Friday....I went on ebenefits to check to see if there has been any movement on my or my husbands claim - nope. Noticed they have it posted that the site will be down this Sunday for upgrades....I really need to get a life because I'm actually looking forward to seeing what this upgrade does - hope it's nothing like the last one - which stressed more then a few people out:) On a side note...I got a response from an IRIS I sent. The cut and paste answer that they sent of course did not answer my question at all...not even in the ballpark. I swear they don't even read them - just assume a vet is asking where their claim is in the process. I did not ask that question at all - but they answered where my claim was.....ie., the normal time in this phase is usually 137 - you have been in that phase for over 400 days - too bad for you:P

And no one was charged (criminally) with hiding the facts.....disgusting. I lived there during the time periods established....up until a year ago I also fished at Henderson Pond on Lejeune...now they have warning signs all over with fencing around much of the area around the pond because of contamination - wonder how long they knew about the contamination around the pond where people fished.

So far, from my own and my husbands C&P's, it looks like a 50/50 chance as to whether one gets a good C&P examiner that does a correct/complete exam and does not just write whatever they happen to feel like writing. We each had 2 doc's that were very fair, appeared to give a crap and actually wrote very good reports that actually reflected what our current symptoms/disabilities are. Then we each had 2 that were as cold as ice, on the verge of being considered rude .....my dogs have gotten better treatment and a more thorough exam at a busy vets office:( Let us know how it goes for you....

Each time you were denied previously did they include/state a reason for the denial with the denial letter that was sent to you? Did you ever have a C&P? I'm not understanding "newer info" - if they included a reason for the denial perhaps if you copy it and list it here it would help. When I think of "newer info" - I tend to think of present medical treatment or diagnosis for your injured wrist OR medical records of treatment since exit from service till present. I finally found out through a "good" service rep that they wanted me to make copies of my medical records that proved I had injured my wrist in vietnam and send them to them. Do you have a copy of your "C" file = the file the VBA has? or do you have a copy of your service medical records? The VA should have obtained copies of your service medical records prior to rating your claim - was the injury noted in your service medical records that you know of = were you treated for the injury to your wrist and was it noted in your service medical records? If your condition of wrist injury is SC'd (Service connected) at a later date due to newly found/discovered SMR's, then you might be able to get an earlier effective date per 38 CFR 3.156c.

Greg did you look at section 3A on the DBQ for Diabetes? I believe you mentioned that you suffer from neuropathy - they should also then do the form/exam for neuropathy. Also the symptoms in 3B of that form also require they fill out different forms for each of those symptoms. 3B also has a space for the examiner to fill in "other complications" that are not covered in 3A and 3B. Then there is also section 4B that an examiner can fill in even more symptoms etc. that are not specifically addressed. Hopefully you get a descent C&P examiner that is willing to listen to you and read your medical documentation and annotates them on their C&P exam documentation.

How soon the C&P exam is available depends on a few things. If the exam was done by the VA at a VAMC one can usually pick a copy up almost the same day after signing the privacy act paperwork. If the exam was done by a contractor of the VA - it depends on how long it takes for that contractor to get the exam results back to the VA. Sometimes contractors will give you a copy directly and sometimes they won't because the VA is the one that paid for the exam. One of my contractors took over 2 months to get the exam to the VA - another one only took a few days. As soon as the VA gets it (sometimes you can see this on ebenefits) you can get a copy. I sent a letter directly to my RO, you would probably have to change the wording "my current compensation claim" to something else though but this is what I sent: DATE Insert your RO address here RE: Request of copies of all C&P exams/reports – Privacy Act, 5, USC, 552a To Whom It May Concern, This is a request under the Privacy Act, 5, USC, 552a for copies of all C&P Exams/reports pertaining to my current Compensation Claim. In an effort to assist with your search for these records, I am providing the following additional information about myself: Name: Service Number: DOB: If you deny this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of appeal procedures available to me under the law. Thank you for consideration of my request. Full Name Address Telelphone # I got a copy of all my C&P results back pretty fast......within a week after mailing my request....every RO is different though. That case that I listed ...shows an exam done by the VA on one month where the VA doc stated the vet had retinaopathy. He was sent for another exam just a few months later (VA usually just tests once a year for this according to their own medical guidelines - odd that they did two tests within a few months) and that VA doc said he did not have retinaopathy. I could not find any medical research that says that it will disappear completely. Mayo Clinic says the following: If you have nonproliferative diabetic retinopathy, you may not need treatment right away. However, your eye doctor will closely monitor your eyes to determine if you need treatment. It may also be helpful to work with your diabetes doctor (endocrinologist) to find out if there are any additional steps you can take to improve your diabetes management. The good news is that when diabetic retinopathy is in the mild or moderate stage, good blood sugar control can usually slow the progression of diabetic retinopathy. Which can be found here: http://www.mayoclinic.com/health/diabetic-retinopathy/DS00447/DSECTION=treatments-and-drugs

Hi again Greg....Did she actually say that you no longer have diabetic retinaopathy? This is definitely not the first time where diabetic retinaopathy has disappeared according to VA exams: http://www.va.gov/ve...193.txt - just noticed that the appeal case link does not work. It's Citation NR 0307193 Docket No 01-08 267 Maybe this will work: www.va.gov/vetapp03/Files/0307193.txt Like John999 said I would not worry for now.....just request a copy of the C&P exam that was done today and see what it actually says. If after reading the copy of the C&P exam you feel that the diagnosis is incorrect - I would get your eyes checked again on your own dime. The last time you had them checked, according to what you wrote was in 2008. I would not just let that latest C&P exam - if it does say anything contrary to what you believe you do indeed have - stand on it's own.

Welcome to hadit.com AMMOroadkill! Just my two cents.................. 3. Can they actually say that my military service did not aggravate this condition? I could walk upright when I joined and moved like an old man at the time of my discharge... and I still do. The VA doctors can say whatever and actually did in your case - which is why it is always good to get at least one IMO from a private physician/specialist that states otherwise = that your military service could and did aggravate this condition. I looked up Schuermann's Kyphosis in the Hadit.com search engine - 2 posts came up from vets with the same condition. In one of the posts a member referred the OP to Prec3-2003 - Requirement for Rebutting the Presumption of Sound Condition under 38 USC 1111 and 38 CFR 3304 which is an interesting read. It can be found here: http://www.va.gov/og...entopinions.asp The 2 posts may be found here: and 2. Seeing as how the thoracolumbar spine is all rated as one disability does the name for the rating actually mean anything. The diagnostic code that is used for rating can make a difference in the rating where the thoracolumbar spine is concerned. ie., General Rating Formula for Diseases and Injuries of the Spine (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): With or without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease Unfavorable ankylosis of the entire spine 100 Unfavorable ankylosis of the entire thoracolumbar spine 50 Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months 60 With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months 40 With incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months 20 With incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months 10 Note (1): For purposes of evaluations under diagnostic code 5243, an incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician. Note (2): If intervertebral disc syndrome is present in more than one spinal segment, provided that the effects in each spinal segment are clearly distinct, evaluate each segment on the basis of incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, whichever method results in a higher evaluation for that segment. See here for further of the various DC's pertaining to the spine: http://ecfr.gpoacces...0.1.1.5&idno=38 At the C&P exam the doc raised me from 10% (which I have been since my initial award in 06) to 40% for degenerative arthritis of the lumbar spine.. Just so that others understand....even if you already do - C&P Doctors do not actually raise your rating/percentage - they do submit a medical opinion and are suppose to conduct tests review your previous records etc in order to come to that opinion. Raters at the Regional Office determine the rating. They are suppose to look at ALL the evidence they have and that is submitted to include independent medical opinions, exams and records, SRB, SMR etc and yes, the C&P exam in order to rate your claim.

Special Monthly Compensation (SMC) for Serious Disabilities Can a Veteran Receive Additional Payments for Serious Disabilities? VA can pay additional compensation to a veteran who, as a result of military service, incurred the loss or loss of use of specific organs or extremities. What Is Considered Loss or Loss of Use? Loss, or loss of use, is described as either an amputation or, having no effective remaining function of an extremity or organ. The disabilities VA can consider for SMC include: · loss, or loss of use, of a hand or foot · immobility of a joint or paralysis · loss of sight of an eye (having only light perception) · loss, or loss of use, of a reproductive organ · complete loss, or loss of use, of both buttocks · deafness of both ears (having absence of air and bone conduction) · inability to communicate by speech (complete organic aphonia) · loss of a percentage of tissue from a single breast, or both breasts, from mastectomy or radiation treatment