ArNG11

Ebennies is as good as and as reliable as, well I don't even know what. Hard paper and signatures is the way to go. I have all of mine. They're not in a organized folder yet but I have them all in sequential order along with the paperwork submitted with them.

They can be done by anyone the VA chooses. A nurse practitioner, RN, LPN or MD. Hell they can even use a foot doctor to opine on your heart condition. Or a gynecologist to opine on your digestive problem. Just don't do the same. If you go for outside opinions use Dr.'s that are specialist in there field. If you try the VA's tactic they will eat you alive.

I agree with Gastone. You got your foot in the door and you have a VA doc that is at least willing to be of some help. That is grand news. It's best to get opinions from Doc who practice in the specialty of your injury, gives it more weight. Also be sure that at one point or another he references your military records otherwise that will cause problems down the road. I am happy for you. You got more than I did my first go at it.

No ramble. That's what we members use this site for. It is for the knowledge and experience that we can each contribute so other Vets hopefully don't have to go through the messes we have had to go through. I know better than to pay attention to ebennies. However, it's like stating a moth should know better than to fly towards the flame. It's what we got and don't forget snail mail. It could be worse. At least some movement indicates that it is being worked on, even if it makes the claim take longer. I'm going to average my time between claims. My first took 11 months. The second took close to 8 months. It was more developed and had quite a bit of evidence. Maybe the third and fourth will take less, probably not, maybe so, only time will tell. Ebennies although sometimes inaccurate and nerve racking does indicate movement. Movement is good, the claim is alive and they are desperately trying to find ways to deny. That is why there is an appeals process. I've tried a two claim approach, a multifaceted claim, a fully developed claim, and back to a two contention claim and I'm looking to see how they work the claims. The only pattern I have seen is that they stumble on their reason and basis for what they consider service connected and not. That's where it is good to attack as well as not listing what evidence was considered. Of course I like the absence of evidence being considered negative evidence. Nope charlie can't have it like that either. Apply the regs and laws only to what is convenient. I have faith that eventually it will be sorted out. Hopefully before I am in worse shape than I am now. Good luck. Fight till your last breath. It is one of the things that you have.

Speedy recovery to you then. I wish us both luck.

Staying with in the topic. My timeframe for DRO has been as such. First claim filed Aug 2012. First decision made June of 2013. Filed for secondaries Aug 2013. Filed second claim Sep 2013. Filed NOD May 2014. Filed 3rd claim June 2014. Filed 4th and final claim on Oct 2014. Currently DRO hearing set for April 2015 for first claim. That is timeline I have which includes the DRO hearing. 3 years 7 months to get to the DRO phase or at least to get to meet the person face to face. Interesting ride so far and still even more to come.

The VA does this because of the mentality of Veterans not wanting to rock the boat. Not bitting the hand that feeds you. I say the hell with that mentality. Bite the hand and eat the rest. This process is ALL adversarial. If it wasn't there would be no need to go up the chain and reach the Supreme Court. Counting on people who have coffee with the very people your fighting is just not smart. I'm not going to knock specific organizations or state that all VSO are in this for their own interests. These organizations do some good but don't loose sight of the prize, if there is such a thing. We are all adults here and we can come up with rationale and make educated decisions with the facts that are presented to us. NO ONE will care more about your case and livelihood than yourself and the family you support. Even a good attorney only has a 20% stake in your claim. It is still up to you to make things happen and not be caught up in the very bureaucracy that you are fighting. JMO

There are a couple of things that I am waiting on to see how the VA Regional office will handle my sleep apnea claim. Although when I filed my claim for sleep apnea I went on the attack of showing signs and symptoms while on active duty and following in my SMRs from the Guard, Dr. Ellis opinion, the IME/IMO I had from him, linked the connection between GERD and apnea. I am still stumped on the whole "manifesting themselves to a degree of 10% disabling before 2016". Not that I don't understand the law just how the VA can so easily dismiss medical evidence. Also in my sleep apnea claim the NP stated I don't use a c-pap under the apnea DBQ, but when she did the DBQ discussed fatigue, and hypothyroidism she stated that I use a CPAP and wake up refreshed. Mind you I understand why she wrote that, but I don't really see how that is going to fly. You can't dismiss both primary and secondary evidence and relationships between conditions. Also to use the one item to discount the existence of another while denying it exists to begin with. I'm curious if the DRO is going to make the same mistake, and/or if I am going to have to wait until the BVA where it seems most can read and acknowledge evidence correctly. Damn the waits. 90 plus days is all I keep telling myself to find out these answers. DRO time. I'm not expecting a win there but I am curious to see what the VA uses to defend itself for the denial.

Yeah thats kind of what I compared it to. Similar to banding the stomach. Except in this case the band is actually the stomach itself. It's too late for me in this process but I would have like to have chatted with someone who had the lynx system you spoke of before hand. I haven't noticed the "windy symptoms" the Lynx website spoke of with the LNF but it hasn't been a week since my surgery. The real positive aspect I have noticed is the absence of burning feeling in my throat. I am hoping that once I am weened off the Nexium, that burning feeling stays away. Hey I was meaning to ask. With the modification of the uvula, is the gag reflex gone? Can that pose problems? Other than being careful how you eat and making sure you chew your food thoroughly are there any other issues you have to watch out for? Just curious if you don't mind me asking.

Yuppers the costs add up, however, the return on the small price ahead of time far outweighs the initial costs. The return is the valuable prize. Catching them in a lie or backing them into their own traps is priceless. Create the paper trail it is hard to refute when its there in black & white, or black, white, and green.

I am starting to think about the DRO process now as I have been told by my Attorney that I will have a conference in April of this year. I am having doubts as to what kind of posture I should take. Obviously this is an adversarial process, but it still seems that you get more bees with honey than you do vinegar. I will go in open minded but not without tools and attack plans. From most posts that I have read on here, there seems to be an advantage doing the informal route, however, in the back of my mind, I still cannot help the fact that I know a senior rater has already looked at my decision before it was issued on my first claim, so, my logic is that it may not be no different now going the DRO route. With me its difficult as I have no experience in this phase of the war. If I get a impartial DRO and not some buckaroo it may pan out to my advantage. Oklahoma does not seem to be as crazy as some of the other regional offices but it's still the same tactic, same game. Deny at all costs, approve if you must, low ball at all times, and hope the vet is not any wiser. JMO

So far so good. I had a grilled cheese sandwich the other day and other than just chewing the food well no problems. The thing that I have noticed so far is the full feeling. It feels like I ate way too much when in reality I did not eat as much as I was able to before the surgery. That's not a bad thing though, I can stand to loose quite a bit of weight. It will take some adjustment. I did have some granola with yogurt and I tolerated that well. The biggest issue is just to chew the food properly. You know, make it mush that way is easier on the digestive tract. I have read that you can't belch after this procedure but what I have noticed with me is that it is a lot harder to do. I can just not very much, it goes out the other end. More flatulence is an unfortunate consequence. That I believe can be moderated with diet and if possible taking Bean O. The spirometer is a pain but it's necessary with pain management and trying to avoid pneumonia. I've been walking around the house and trying to stay mobile. I have been walking the dogs around the yard and today I will start walking around my neighborhood and see how I do. I plan to go back to work on Monday, I'm already on limited duty because of my wrist surgeries so I should be okay, at least I think so. They have me on a 10b weight limit for my wrists and the same because of this procedure so, paperwork and light duty is what I'll be on for a while.

I thought that at first. But the requests were made to me just not by mail. I think I will stop looking at Ebennies. Damn the hypnotic powers of apps.

What We Have Never Received from You (solicited) This is a list of items that have never been received from you and that have been closed. Items Date Requested Date Closed Sick, workers, or unemployment comp 12/05/2014 01/04/2015 This was another request that neither myself nor my attorney received a hard copy letter for.

Below is what I got. I wish I would have copied the first one. What Do We Still Need From You? Your Attention is Needed You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. Date Requested: 01/22/2015Due Date: 02/22/2015

Thanks NK. I sent screen shots to my Rainmaker and he's jumping on it. Hell give me a minute and I'll post it on here. I just want to make sure I get the word out on this. All requests from the VA for evidence or what not must be done in writing, it can show a status on Ebenefits and what not but a hard copy request must be made to the claimant along with a suspense date to get the information in by. So far when the VA does request it by mail they give you 30 days to respond.

I say nay on this. That is the way it is supposed to happen but doesn't The VA can use any doc they want to fill out a DBQ. It just has to be medical personal. Nurses, Nurse Practitioners and doctors not dealing with the illness or condition that you are claiming and it's completely legit. If you are getting an IMO/IME do NOT do this. Your evidence will be thrown to the side. Your best chance of having a DBQ filled out by a private doc is to have the DBQ filled out by a specialist in the field along with a medical narrative. Also very important that they mention that they have reviewed your entire medical record to include service medical records. JMHO P.S. One of my DBQ C&P Exams for sleep apnea was done by a gynecologist. Please tell me how that makes sense! VA has the cards stacked in their favor.

I had a doc reference my SMR and private medical records as showing signs and symptoms of sleep apnea. Confirmed use of CPap and secondary connection to GERD. I haven't gotten the results from that IMO/IME. However, there are many medical journals that discuss the relationship between the diseases.

I don't trust bennies either but lately I can't help myself. I have a problem folks. I am an Benefits junkie. Can't help myself here lately. I know from experience not to rely on EBenefits. It is a cruel joke. Plus now I am going out on a limb here, and write this but this is only my opinion on the matter from what I have been experiencing lately. Twice now information has been asked of me through electronic means, not through my attorney in fact, but through EBenefits. My thought on this is that things can be manipulated very easily this way with out you consulting with your VSO representative or attorney it can open up a can of worms that you won't be able to contain again. From my knowledge even with electronic means of today's world, there are specific items that must be requested by mail and have at least a 30 day suspense date in order a claimant to submit that information. Never mind the countless regulations regarding the communications between VA representatives and a claimant. Just putting my paranoid warnings out there. If it doesn't come to be a detriment to claimants as I fear it be then so be it. I'll concede to being wrong. But the enemy is getting trickxier.

Congrats. Always good to read about wins. Good luck.

When I found this information I was hopeful, however, I think the VA has to go through the motions and if the ratings are close it has to be considered otherwise it would be contrary to law and regulation. In my case I am not a positive person, something smells off and now I am waiting for some type of trap to be sprung. I have been truthful with the VA so I am not concerned in that respect, however, I know the attack on credibility is coming and I am ready for it. Do you or anyone else have updated information on the basis of IU and TDUI? Is there something different now or is this just the latest tactic finessed a little bit.

Oops found this: §4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

Buck I thought the IU was inferred if a single rating held at 60% or a combination of ratings held at 70% total it would be an inferred IU claim?

I will chime in as well on this. Mind you I know ebennies is the devil but I had something similar happen to me. I never asked for housebound or aid and attendance. Neither did I ask for SMC or IU, nor did I imply, however, ebennies is reporting the like. Now my claim states estimated completion date of May of 2016. The dates are really immaterial at this point because they are never right so no one should hold their breath on this information, I don't. I'm noticing that all the latests requests for information from the VA has been on ebennies, none have been solicited by mail or with a suspense date typical for these types of requests. Also I have an attorney. The VA should not be asking me for anything without going through my rain maker, this would be unethical and contrary to law would it not.??? It falls to the same old cliche, hurry up and wait. The phrase diversion, the ploy of divide and conquer is what comes to mind. Surely they would not blatantly blow off law and regs not that an attorney is involved would they. What did I step in because it sure doesn't smell right?

I have made him aware and he is dealing with it. It seems that I may have a DRO hearing in April. Which is a little odd. I thought I would have been in limbo for at least a year. Knife at the ready.