ArNG11

I thought to do this before my records went to the BVA but they have already been sent according to VA. Washington did confirm receipt as well. I had also signed a waiver of review along with my claim, however, other than receipt of my file, I can't seem to get any real answers from the VA. IRIS and 800 for BVA have yet to confirm any dates or receipts of anything else. I think I am too eager to beat the VA in their twisted little game. SMC should have been on the table this last decision but I yet to get my hands on the paper copy.

Buck I was kind of given the run around with health issues in the OKC VAMC. The wait times are a joke. That is way too long for something that might be more serious than what the VA Dentist is admitting. Heh if it turns out to be nothing than you will have lost nothing, however, if it more serious than what the VA DR is stating with a visual, then the earlier it is identified the better the chances to get it treated and eradicate the problem tissues. You mentioned Choice, if that an option then go for it. 3 months to get seen for a possible cancer issue is B.S. Does Dallas VAMC still utilize fee based care or any option similar to that?

Hamslice, long time no read. Looks good. I hope you get a favorable decision soon. Don't put your faith in Ebennies though. You will likely be disappointed. Take info from all sources, particularly your bank and ebennies letters. I hope your decision is a favorable one. Hang in there bubba.

I am planning on filing for the earlier effective date. Even further I am also accounting for the fact that my possible future appeals will get me the numbers I need as well. Also trying to do this without going the CUE route. I want a copy of the decision and those C&P's though, those items will be important in my defense. When I spring the fact that my "back" claim should have considered, my neck, left hip, left radiculapathy, right radiculopathy, from the very beginning, each having there own separate ratings that will play heavily on my numbers. All the pieces they have been approving along my claims history should have been considered from the get go, DUTY TO ASSIST. The VA failed miserably with records they had all along. The LOD that I found for the CSPINE injury and back injury, was there all along. C-spine should have been developed by the VA, along when I claimed the Hips as part of the HMMV accident. Those numbers will go back to 2012& 2013 and will make a difference for the higher ratings and earlier effective dates, which in turn will also change the relevance of SMC. There are a lot of " if's " & "and's" but I'm not the one who has been lying and breaking regulations and laws. To quote John Rambo" they drew first blood", and I am ticked! In any case it is a pipe dream but I intend to see it through. Evidence is what wins claims. But research is what informs you of your true entitlement and what you have earned. Might as well say this to, I acknowledge I'm on heavy pain meds and probably am not thinking straight but laws and regulations don't lie.

Gastone, I hadn't really thought about it until Asknod cleared up that scenario and benefit up for me. Just I'm a little confused on when to lay this on the VA. Last few decisions have changed this cat and mouse game up for me and I haven't even gotten into the correct effective dates and rates, let alone the SMC. I'm at BVA at point in this venture. This part of the process at the BVA I believe is when Ellis' IME, along with other privates docs is going to come into play heavily. My real problem is I don't have the rating or decision letter which got me the IU ratings. VA is playing the "what you talkin about Willis game". when I FOIA for the last award letter/decision and the last C&P's conveniently. Thanks though, I was thinking along the same lines but haven't made the choice on which lane to pursue until I have that intel.

Yeah I agree with the above. Service connection is there for the injury is there. The VA doc makes that assessment. I would gather radicular symptoms might and could worsen but I don't think there is a 0 rating for that if there is I would say you might have enough to pursue service connection with some medical evidence of symptoms. However, for anything hire ,10% is where the nerve ratings for the sciatic begin, you will need to provide some medical evidence that documents this. Typically as time goes by you will have symptoms progress and get worse, x rays are not a good indicator for radicular symptoms. Sensation tests, the spike wheel feeler gauge, and actual nerve tests such as an EMG those can give a better picture of radicular symptoms and loss of sensation. I would advise to go after the left radicular symptoms, at the very least for service connection. Your symptoms are there just not rateable according to the VA. Also a nexus would be required, that would help immensely.

Yes Gastone that was the impression I was under. With removing my mental health rating of 70% the rest of my ratings add up to 61.73 % so barely on the cutoff. I still have several out on appeal at the BVA so that number should go up slightly. 3 ratings should be at 30% which will help.

Even though it's my legal right to get copies of my file via FOIA, the run around with the evidence intake center makes it harder. Visiting Muskogee has proved useless already once, but I will keep on putting the pressure on. Eventually I will get the files I need to make this work. Buck you're right on the money with your thoughts. You really have to read the regs with the SMC qualifiers. It shouldn't be as hard as it is for moderately disabled folks to qualify. Here's liberal application of the law though, VA's words, not mine.

John I agree with you on most. The thing in your case would be a doctor stating that one of your service connected conditions aggravates or increases another service connected condition (leg bone connected to the knee bone ect.) Bam thats the nexus I think. The intertwined issues have to be specifically called out by a medical professional indicating the relationship, cause, effect that one condition has over the other. Kind of lets PTSD, heightened stress, anxiety will undoubtedly increase your blood pressure to the point where the BP needs to be treated. As long as a medical professional gives the nexus for the two, I would think that would be enough, plus all the other requirements for service connecting a condition are met as well. It's hard when issues are intertwined with others. Both conditions can cause a change in the other.

I am very curious on how this will be interpreted in my claim. The VA has yet to provide me a copy of the last decision which gained me the 100% IU (really 90% plus IU) even after FOIA requests. The VA was nice enough to pay the retro but no decision letter to accompany it. I have an NOD in the pipeline as I know there is only a one year appeal period, but I find this quite funny. My conclusion is that my Mental Health ratings were used to attain the IU, however, it is impossible to know without an award letter. Also besides no decision letter, there was no appeals paperwork or anything. This is very convenient and very nice of them, my Muskogee VA Regional Office. I am in a similar boat to Gastone's predicament as I have the 70% mental health rating. That rating in itself should open the door to a few things since this causes the unemployability, and there are multiple other claims on appeal that will raise my combined rating. When my appeals go through is when I will really know how this will go though. I am banking on my back disability getting to 60% on it's own though, if my appeals go my way. My situation is a big gamble though and there are no guarantees. I gather from the regulation that I will be eligible for SMC as well, time will tell though. Who knows more time on the hamster wheel.

That made me laugh so hard I almost pissed my pants. All jokes aside though you must use extreme caution when choosing someone to be in the trenches with you.

I would caution to check on the attorneys stats and game plans. Some will give up on you if your claims are too complex. Not knocking attorneys, however, they run businesses, essentially they are a business and well if it's too much work, they will drop the claim in mid stream. Just, I just caution for folks to be aware of this fact. Make sure you and your attorney are on the same page with the same goals. JMO

Harsh John, but you hit the nail on the head with that remark. That is the hard truth. The sooner folks realize this sad fact the better they will be equipped to win their claims. Happy Wednesday.

Heh Andy kind of late on the Congrats, haven't been on as often. Way to go and way to stick with it. Keep going brother man, keep going. Wish all the best to you and yours. Take care.

You folks filed for it. Pursue your filing until you exhaust all your appeal options. Don't give up. I am in the same boat with my apnea claim, and I am well prepared for my defense to justify service connection and the correct rating. This process wears on you, it has definitely taken its toll on me, but I press on because fighting is all I know. Not going to change that, especially when I have won all my pursuits thus far. If you have the evidence in your SMR's, if you have post service medical treatment and an opinion relating the condition to service at the very minimum with an " at least as likely as " do not stray and pursue the claim until the end. This is what I tell myself and others. It is advice that has been given to me as well. I believe it to be just and attainable. Having a bone to pick with the VA is just a perk. I know the truth and so does the VA, that is why they desperately try to push a claimant away and make them give up. The harder the VA pushes the more right and justified you are in your pursuits. JMO

Even when you have the medical evidence to relate the apnea to service or secondary to another service connected illness the VA plays ignorant. Just keep at it. Evidence is what counts. Do not give up or stray. If you have the evidence and nexus then go after the claim.

Asknod, you always make me smile. If I only had a tenth of your tenacity, the VA would be afraid to even attempt any shenanigans. Happy Hunting, hope you have a huge return on your crops at the end of the season.

Thanks Buck. That is the impression I was under. I'm in the hopes that it is before 2018.

No I don't have the docket number, sort of what information I am seeking, but thanks for the response. VA, IRIS and such state the claim is at BVA but I haven't been able to confirm other than the general VA letter stating your claim has been certified to the BVA.

Heh Folks in a kind of related question to the topic, is there a quick way to locate your docket number is your case is at the BVA?

Vync that was great. Your observation is dead on.

Kevin, if and when I get my last decision that won me the 70% for mental health, I will post how it was worded. I haven't made the effort to go to Muskogee to ask for a copy yet. My case is supposedly boxed up and on its way to DC, at least according to the last VA letter I received, however, I will eventually visit Muskogee again.

hmm, I haven't read a somatic symptom claim like this. At least not referring to mental issues as somatic. Interesting though. In OK, at least the reps or decisions didn't refer to my condition like that. My specific claim decisions went from adjustment disorder with anxiety and depressed to PTSD/Major Depressive disorder. Regional still hasn't provided me with a hard copy of my most recent decision. This info I have is from ebenefits which is not reliable.

I know that depending on the severity of your symptoms, say your oxygen saturation levels, that the apparatus prescribed would have an oxygen saturation monitor. My machine does not have that option, however, there are many different configurations and options that can be built into the machine. Since what you mention above can be a dangerous situation I would go with you plans of asking your doc. Perhaps there is an oximeter attachment option, or a different configuration that you can use. If you suspect your O2 levels are dropping discuss this immediately with your doctor/ and or sleep apnea specialist. They should be able to get you started in the right direction with a supplemental oxygen supply if necessary.