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USMC5811
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Posts posted by USMC5811
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both my husband and I have received three sets of dates so far and we have not hit the 1 1/2 year mark yet since putting in our claim. Our dates have gone forward and backwards. We have both decided that Peggy is responsible for putting in the dates and is just having a good ol' time messing with us. It's pretty sad though, knowing that the dates are BS, we still can't help looking at them anyway.
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Under Access My Documents on ebenefits.
I think dean is referring to the Benefit Verification Form (AB8) - which WHEN they make a decision on your claim this form might show the change before you are notified by mail.
This form will usually be found above the form that you have indicated was already there = Service Verification Form (AB7).
I know it's hard not to keep checking ebenefits for some movement, I wasted enough time doing so the first year of my claim and it is STILL in the Review of Evidence Phase, but as Carlie suggested try to keep yourself busy with other things. I now only check it once a week or if I submitted/requested something to see if it has been received - gives me something to look forward to and is not as frustrating for me.
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I think this witness testimony at a hearing on 04/23/2012 hits the nail on the head in regards to C&P exams.
http://veterans.hous...r-walter-j-tafe
After reviewing numerous Appeal Cases I have noted that when a C&P was not requested by the VA or completed and the vet appeals - the board requires a C&P be completed in 9 out of 10 cases.
As for your question as to whether to bring documentation or not - Even though it stated on the C&P paperwork I received (QTC) "Please do not bring your medical records. The doctor will only review records the VA has already provided. If you have additional records related to your claim, please submit them directly to the VA". I brought medical documentation, a copy of my Military Health Records and private doctor records, to two of my C&P's - one doctor did not want to see them. The other doctor happily accepted my documentation to help answer a question he had and had no problems with me looking at my notes. I guess it just depends on the doctor you get, their attitude that day etc. I'm glad I brought them with me.
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I won't talk about the diagnosis specifically because I'm not a Pyschologist or Physchiatrist, so I feel I am not qualified. For VA rating purposes - all mental illnesses fall under the same rating table.
After comparing your IME to the VA's Initial Post Traumatic Stress Disorder Disability Benefits Questionnaire that they use in C&P's, I would say that the MD that prepared your report covered all but one (I might have missed it but I did not see Competency: Is the veteran capable of managing his or her financial affairs addressed in the IME) of the categories (Evidence Review, Current Diagnoses, Stressors, History etc) that are on the VA Form.
Hopefully with this latest report they will rate you favorably. Best wishes. Semper Fi.
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Thanks etihwr. Sorry for the confusion, as I just realized that I posted the conditions he was already SC'd for then in the next sentence wrote that he was seeking an increase in the those - not tinnitus because as you stated the highest is 10%.....I was being lazy, not wanting to re-post all the contentions again.
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Congrats and Semper Fi!
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Best wishes and good luck
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I'm really beginning to believe, as far as completion dates on ebenefits goes, that Peggy has taken over inputting data (dates) into ebenefits just to screw with us. I'm figuring sooner or later somebody will look to see their completion date and it will read the truth = we'll get to it..... when we can get to it - when you see the envelope in your mailbox you'll know your claim is complete.
For those that are not familiar with Peggy: http://youtu.be/GRLwKw9up3s
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I would give it a few days to sort itself out concerning ebenefits. One thing we all need to remember (to include myself) is that any computer program or site can only be considered reliable and accurate IF the person putting the data in is reliable and accurate and knowledgable - the accuracy of ebenefits have proven time and time again (specifically where dates are concerned) not to be accurate.
Congrats on the anticipated increase!
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It took me this long to read all the C&P results - but I did go through them numerous times before comparing them to the past/current medical records that I have. As stated before he is already Sc'd for Basal Cell Carcinoma 0%. I don't think that will change because thankfully his doctors are being proactive by destroying all the pre-cancerous lesions etc. I do however feel that the scars that he has from previous and current treatments could render a ratable (above 0%) decision - perhaps 10%.
His C&P examination for Skin Disease consisted of the Dr (QTC - no speciality in Dermatology) getting up..glancing at his head for 2 seconds and that's it. He had an appointment a few days ago with his private Dermatologist and I suggested that he bring the DBQ for for Skin Diseases (21-0960F-2) and Scars/Disfugurement DBQ (21-0960F-1) and see if his Dr. would be willing to fill it out. I was specifically interested in if the Dermatogist, who actually does spend time examining, would write something different concerning Scars - his scalp looks horrible from all the treatment. The C&P doctor did state there was a scar and some hypopigmented areas and scabbing from liqued nitrogen treatment. The dermatogist (who is a Naval Academy Grad, did his Dermatology Residency at the National Naval Medical Center and was Chairman of the Dept of Dermatology at a Naval Hospital) was a bit more detailed actually measuring the scar (from an incision to remove BCC while active duty) and described the scar: surface contour depressed on palpation and abnormal texture along with hypopigmentation.
I typed up a cover letter that pointed out his private doctors background and training, advised them of his recent treatment by his doctor = another biopsy (which thankfully came back negative for cancer) and having to destroy 15+ pre MLG Lessions again using liquid nitrogen (he's had this done 3 times in the last year and several times in previous years ) and specifically pointed out the discrepincies/difference in both doctors examination and answers to the question concerning scars. I listed the attachments on the cover letter and enclosed them (DBQ's from his private Dr.) and his most recent treatment report.
I left the decision to send the above in to my better half - and he is leaning towards submitting it now. Hopefully it won't set him back to far in obtaining a decision. Any opinons from those more knowledgeable is appreciated - wait for a decision on this one, then file a NOD or send it in now?
Forgot to add......Thanks in advance for any and all opinions.
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As I'm fairly new to the process...just going by what I've researched on hadit.com....here's my two cents, if nothing else it'll bump your post up so that maybe other more experienced vets will give their opinion:
What I would personally do is: If they did not give you a copy of both C&P results yet, I would get/request a copy of them. My understanding is if the C&P was done at a VAMC then all you would have to do is go in and sign a privacy act request and they usually give you one right there. IF QTC or the new/other contracting agency with VA did the C&P then you could either 1. Ask at the Contracting place if they will give you a copy - some have had luck obtaining one...others not 2. wait until the VA receives the C&P report (usually shows when the receive it on ebenefits) then request a copy directly from VA.
I would then compare what they have on the C&P results with the results of your private cardiologist. If they have the same information on both - I personally would not submit them. If there is pertinent information on the private cardiollogist report that is missing from the C&P report that is in your favor OR the private cardiologist somehow has shown a nexus to your service connection that the C&P doctor did not (if it is needed ) OR the private doctors report would possibly (according the the rating tables) increase your percentage....then yes I would send the private one in. My reasoning being that when you do send in additional information it could set your claim back in the process. If you were lucky and somehow your C&P was done at a VAMC....then maybe you can take a copy of THAT report and show it to your private cardiologist and see what he thinks.
I hope someone else with more experience will give you their insight. Praying that things work out for you this time around......
Just wanted to add that there is a DBQ form for Ischemic Heart Disease perhaps you could bring with you to your next Private Cardio appt and maybe the Cardiologist would be willing to fill it out for you and send that in to VA - if you do intend to send additional info in. Tried to add the direct link but it is just not working for me - just type in DBQ in the search box on hadit.com and the Forms page will come up
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Not sure if I'm understanding the question correctly but ........As far as claims go....the agency that sends you to have a C&P done is the Department of Veterans Affairs. Looking at my own paperwork that was sent to me for a C&P there is no specific person listed ...just the Department of Veterans Affairs.
If you no longer have the paperwork that they originally sent you to have a C&P - if you have a Designated Power of Attorney on file with the VA ie., VFW, DAV etc - you could check with them as they might just have a copy of it in their file. I noticed on the bottom of my C&P Appointment notification letter they have "cc: VFW". So I'm assuming that they sent a copy to the VFW rep who I have designated.
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Congrats! Take it all in and enjoy - you earned and deserve it!
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Went on ebenefits today and there was something new I have never seen before.
Under the column OPEN CLAIMS , which shows my claim submitted on 07/14/2011 still in the Review of Evidence stage, there is a SECTION I have never seen before that is - Historical Claims.
Under this new section ( I initially submitted my first claim back in 1992 and a NOD in 1993 and a claim in 2004 with a NOD shortly thereafter). All through St. Petersburg.
Under this Historical Claims Heading it now reads:
Date = 07/30/2012. Claim Type = Authorization Review. Date Closed = 07/30/2012 and Updates = Appeal is Possible.
Any Thoughts on what this means????
I also was confused about this....because I saw the same thing on ebenefits. I was told (via IRIS request) that mine was due to them "recognizing" the VFW was my designated/authorized power of attorney (mind you that mine apeared almost one year after the claim and the designation form was submitted). Has the exact same thing as yours = Claim Type = Authorization Review Date opened and closed were the same date (mine was of course a different date then yours) and Appeal is Possible.
Odd how some things appear late and others are fast but then that's the VA way - I requested a copy of C&P's and that appeared also in Closed Claims less then 5 days after I submitted the request: Claim Type: FOIA/Privacy Act Request - both opened and closed dates were the same and Appeal is Possible.
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Also, anybody out there ever attend an audiology or infectious diseases C&P? What do I need to do to be prepared for the interview/examinations?
Many do or should use DBQ's (Disability Questionaire Form). You can look up what is on these forms here: http://benefits.va.gov/TRANSFORMATION/dbqs/ListBySymptom.asp
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Noticed no one has responded to your question yet, so I'll give my opinion. I'm guessing the reason why the entrance exam was asked for so many times is because it is not in your C-File that they might have. Because of the VA's "duty to assist" 38 USC 5103 VA must make every possible effort to obtain relevant records held by any Federal department or agency, unless and until it is reasonably certain that the records do not exist (I doubt very much anyone could say that a Service entrance exam never existed) or that continuing efforts to obtain them would be futile. This will generally require a statement from the custodian that the records no longer exist, or that they have been transferred elsewhere.
So I'm guessing, as you probably already have, that the Service Entrance Exam might be lost. Heck with all the threads I've read here, with people stating that they are finding other vet's records in their C-File - it's not surprising at all. Eventually, for better or worse as far as the vet's claim goes, the VA does move on they have to cover their butts though (38 USC 5103).
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If you actually click on Pending Decision Approval tab while in ebenefits it will reveal that they define Pending Decision Approval as: The recommended decision is reviewed, and a final award approval is made. If it is determined that more evidence or information is required, the claim will be sent back in the process for more information or evidence.
I highlighted the second part of the info because sometimes it does get sent back in the process.....
Not sure about your question (as in exactly what your looking for) but I'll give it a go - What on ebenefits can I see to let me know about the claim?
Once on ebenefits if you go to you Compensation & Pension Claims Page
- you can see the date that you filed the claim
- claim status
- action - needed by you and/or received by VA
If you click on the date that you filed (which is underlined) you will be taken to another page that has:
Details of your claim such as - date filed, claim type, estimated completion date, your contentions (what your claiming)
as well as:
Additional Details:
Your designated power of attorney, Regional Office of Jurisdiction and the address to send documentation to.
and the MOST IMPORTANT on this page:
What the VA needs and what they have received from you, doctors, c&p examiners etc.
Sometimes people are able to check to see if an actual decision has been made by clicking on the Download VA Letters Tab and looking to see if there has been a change to the AB8 Form (Benefit Verification Form)
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Congrats! I can't imagine the feeling....after waiting 2 years and then being there to watch as the ebenefits site updated - definitely a day you won't soon forget.
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I would think that because they have never scheduled you for a C&P before = "this is the first C&P that the VA has ordered since the very beginning".....that hopefuly it is a good sign and I pray it is for you. With that said, I don't think just because a C&P is scheduled....does it necessarily mean that a Service Connection is inferred by the VA and a compensation will follow for anyone but perhaps this might be a reason that they might finally concede if your are a Vietnam War Veteran.
I believe it was just recently, in 2011 (need to edit the date it was actually 08/31/2010), that they added Ischimic Heart Disease to the presumptives of exposure to herbicides in Vietnam.
e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of §3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of §3.307(d) are also satisfied.
Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina)
38 CFR 3.307(e)(2011)
I apologize in advance if this does not specifically apply to you = not a Vietnam Vet.
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If you dont mind me asking how long have you been rated for your cervical issues? If I am not mistaken after a certain amount a years they are not allowed to lower it. It doesn't matter if you can bend further if you been rated for 10 years, I think thats the number....I could be wrong but I have read this somewhere a few times...
I think your referring to this:
5.9.1 Protections against Reductions after Ten and Twenty Years of Continuous Benefits or Rating at a Particular Level
If a rating level or benefit has been continuously in effect for a certain length of time, it may be protected by law from reduction or severance. For example, after ten years of the veterans continuous receipt of service-connected disability or death benefits, the VA cannot sever the benefits (that is, terminate service-connected status) unless there was fraud involved in obtaining the rating or the VA discovers that the veteran did not have the required length or character of service.429 Similarly, if a disability has been continuously rated at or above a particular rating level for twenty or more years, the VA cannot reduce the rating below that level unless it discovers that the rating was based on fraud.430 For example, if a veteran is granted compensation based upon an original rating of 30 percent and for the next twenty years the rating varies between 30 percent and 100 percent, the rating cannot thereafter be reduced below 30 percent in the absence of fraud. The twenty-year protection rule applies even to rating levels that are assigned retroactively because a previous final decision is revised based on a finding of clear and unmistakable error (CUE). That is, if a rating is "retroactively increased [based on a finding of CUE] and the effective date of such increase is more than twenty years in the past, the revised disability percentage is protected" by the twenty-year protection rule.431 (The concept of clear and unmistakable error is discussed in Section 14.4 of the Manual.)
I am currently trying to read a few cases a day of the US Court of Veteran Appeals - it seems when there is a reduction involved, many of the claimaints/reps/attorneys refer to Brown vs Brown 92-325.....
In Brown v. Brown, 5 Vet. App. 413 (1993), the Court of Appeals for Veterans Claims (Court) identified general regulatory requirements which are applicable to all rating reductions, including those which have been in effect for less than five years. Id. at 417. Pursuant to 38 C.F.R. § 4.1, it is essential, both in the examination and in the evaluation of the disability, that each disability be viewed in relation to its history. Id. at 420. Similarly, 38 C.F.R. § 4.2, establishes that "t is the responsibility of the rating specialist to interpret reports of examination in light of the whole record history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of the disability present." Id. The Court has held that these provisions "impose a clear requirement" that rating reductions be based on the entire history of the veteran's disability. Id.
Furthermore, 38 C.F.R. § 4.13 provides that the rating agency should assure itself that there has been an actual change in the condition, for better or worse, and not merely a difference in the thoroughness of the examination or in use of descriptive terms. Additionally, in any rating reduction case, not only must it be determined that an improvement in a disability has actually occurred, but that such improvement reflects improvement in ability to function under ordinary conditions of life and work. See Brown v. Brown, 5 Vet. App. at 420-421; see also 38 C.F.R. §§ 4.2, 4.10. A claim as to whether a rating reduction was proper must be resolved in the Veteran's favor unless VA concludes that a fair preponderance of evidence weighs against the claim. Brown, 5 Vet. App. at 421.
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Your very welcome SSGmajik.
I'm really new to all this but I have been reading numerous BVA decisions to gain knowledge, mainly for my own claim and my husbands claim but....... There are several cases where failure to use a goniometer during C&P exams were mentioned in the arguements.
EXAMPLE taken from a case: At his August 2011 Board hearing, the Veteran testified that the VA examinations with which he was provided were inadequate because they did not properly test for certain clinical findings, the basis of which his disabilities are rated; for example, he indicated that in testing his knees, a goniometer was not used to test range of motion. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that it is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).
In most of these cases a new C&P was ordered for the Vet - and the decision was deferred UNTIL then.
You can find such cases by going here: http://www.index.va.gov/search/va/bva.html . In the search box at this site: just type in something like "failure to use goniometer" and you'll see numerous cases that come up or you could try researching your specific conditon and see if there are any similiar cases like yours.
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Thanks GeorgiaPapa.....He is already service connected and rated (the max) of 10% for tinnitus and 0% for hearing loss. I'm guessing that they did not provide the C&P doctor with his previous documented hearing exams because he was already service connected. Odd though that on the C&P results for Tinnitus, the same doctor stated that the tinnitus was due to service - even with no records.
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38 C.F.R.4.46 -
§ 4.46 Accurate measurement.
Accurate measurement of the length of stumps, excursion of joints, dimensions and location of scars with respect to landmarks, should be insisted on. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Muscle atrophy must also be accurately measured and reported.
On DBQ's (VA FORM 21-0960M-14) it states the following for Measuring Range of Motions:
NOTE: Measure ROM with a goniometer, rounding each measurement to the nearest 5 degrees. During the measurements, document the point at which painful motion begins, evidenced by visible behavior such as facial expression, wincing, etc. Report initial measurements below.
Following the initial assessment of ROM, perform repetitive use testing. For VA purposes, repetitive use testing must be included in all joint exams. The VA has determined that 3 repetitions of ROM (at a minimum) can serve as a representative test of the effect of repetitive use. After the initial measurement, reassess ROM after 3 repetitions. Report post-test measurements in Section 5.
C&P Service Clinicians Guide.htm
17. Musculoskeletal:a. For all joint or muscle disorders, state each muscle and joint affected.b. Separately examine and describe in detail each affected joint.Measure active and passive range of motion in degrees using a goniometer.In addition, provide an assessment of the effect on range of motion and joint function of pain, weakness, fatigue, or incoordination following repetitive use or during flare-ups. (See the appropriate musculoskeletal worksheet for more detail.) NOTE: The diagnosis ofdegenerative or traumatic arthritis of any joint requires X-ray confirmation, but once confirmed by X-ray, either in service or after service, no further X-rays of that joint are required for disability evaluation purposes. -
Thanks for verifying that for me jv.......well, at least he's getting hearing aides for free.
Claim Completion Date By Kentucky Windage
in VA.gov Questions (formerly E-Benefits)
Posted · Edited by USMC5811
We both had our C&P's completed almost 6 months ago....hope yours moves along faster then ours but I'm sure it depends on the number of contentions and what RO. Our RO is Winston-Salem NC and although the progress has been slow in completiton they are pretty fast in regards to posting info received and getting us our copies of the C&P's that we requested (took 6 business days from time we asked for them until the time we received them). Rather then look at the negative all the time I'm trying to hang onto the postive for my own well-being:)