ArNG11

This is actually interesting and both nerve-racking for me now. I believe it was several months ago that I had commented on my request for my C-file, at the Okmulgee Regional office in Oklahoma. My request took exactly 7 days. Arrived at my home in a big plastic bag. I guess that is not really common. Long story short, in trying to get an IME and running out of time on my NOD I didn't get to make a copy for myself. 11 1/2 inches was more than my single page copier could handle and more than my pockets could pay for at the local Kinkos. In any case the record review company destroyed my records if I did claim a specific disability for the doctor that was doing my IME/IMO, bad bad Bad, BAd, BAD move on my part. I have seen my whole file, actually had it in my hands more than once, however, now all i have left is maybe 6" worth of records. DETRIMENTAL to say the least. My attorney has asked for my file and even has VBMS access yet he hasn't received a copy of my files and the evil doers at the VA didn't give him the password for access to my files through VBMS, let me correct this, a password that works. Sooooo I'm willing to bet, that although this would be highly illegal, probably break countless laws and regulations, be detrimental to my claim, not to mention an obstruction of justice charge that items will be missing in the copy that they afford my attorney now. All I would have to contest to the accuracy of my c file is my memory and word of what it looked like before this brilliant transformation into the digital shedder. I would even state that this action might stir up memories in long term members here at Had it of the Sheddargate days at the Regional offices, instead of shredding evidence it is going to be done by a click here and click there. Welcome to the digital age folks. Before I stir people up, I want to make this perfectly clear, this is just my OPINION, and my opinion only that I am writing, however, for any members, that might be going through this process or just starting the process be very cautious and smart. Don't make the mistake of not making a full copy of what information the VA sends you from an FOIA request. I may be off my rocker but my gut feelings have kept me around and alive through out my existence in this life I can't really stray away from them now, even if I am not operating on all cylinders. JMHO

Congrats. It's always a pick me up to read about a success.

Business as usual. Isn't that the truth. What I can't figure is all this crap with talk, and talk, committee's, panels, and investigations. I can sum it up by pointing out the grave of the last comrade that fell because of the failures of freaking bureaucracy, politics, and of course don't forget the green monster$ G $ R $ E $ E $ D !!!! the downfall of all societies. It's just plain horse manure. They just need a complete overhaul or a shot to the face, then the temple. I don't know. Im just blowing off steam I guess. FCT has me hurting pretty bad and it got me thinking about all the unnecessary crap veterans and veterans' families have to go through to get fairly compensated and fairly treated. Up chuck.

Congrats none the less.

Congrats. Great to read about good wins. Take care and good health to you.

Congrats always good to read about a win. There's a lot of benefits at the 100%. Not to knock the good news, however, if you are not happy with any of the ratings or effective dates then by all means continue to fight. If I am not mistaken your rating for 100% is not protected until 10 years at the rating or something close to that. They can still call in for exams and somehow in their eyes you're magically better. Others can chime in if I am incorrect. I am willing to bet they'll try at one point to state that your conditions are better. I may be wrong and being a party pooper but JMHO. In any case enjoy the win. Take a breath and take in the victory. Always cheers me up when someone finally get a win.

Almost two months and so far so good. I go up and down on counts, however, still in the green range. 138K as of VA count last week. Went to see my VA primary doc and she didn't ask for any records although I offered and she stated that it wouldn't be necessary. Being the person I am, I made an inquiry on my Gulf registry exam and she stated I am good to go. In any case I am back to seeing my private primary doc to keep track of the issues I am having. I still send emails giving the VA doc an opportunity to look at records and look over my health stats but she's not really interested. So I am going through the process of rectifying that. Documentation and evidence are still king here. On a positive not the VA doc changed my omeprazole to pantoprozole different chemistry but similar to each other. It seems to be helping with the chronic diarrhea. Also VA gave me fiber supplements which, lets just say does not win any tastes tests, however, I have had much worse. The big thing here is documentation. Not that I may have a chance at service connecting this disease, if indeed I ever could, but recording facts and probing for the best treatment options from all avenues.

I'm not done yet Vync. Although I must admit a couple of times I've looked into throwing the towel on a permanent basis. Still do, however, I keep the demons at bay. They'll get it right even if I have to do it by all means necessary. In the end I won't ever get back what I lost and $ isn't going to mend the deep wounds or anything like that, I am going after the principle of the matter, going after my own definition of justice if there is such a thing. I just can't keep ignoring the pain, and the anguish. In any case, way off point here. The ratings for leg and nerve pain were automatically done for my left, low balled of course, the first go around and I had to nudge for the second to get the right. At NOD time I pretty much laid it out for the VA, primary injury to include all the secondaries such as muscle and nerve and other rate able and affected body parts. The VA tried to say in so many words the IVDS of L1 doesn't cause osteoarthritis of the spine and hips and I agree. Falling from a moving vehicle and landing on your back and hip however, does. Voila. Traumatic injury, connect the dots VA. It's ok. My points will be made LIMA CHARLIE soon enough.

You are quite lucky in that respect. The MRI's I had are listed in the evidence but never mentioned in the c&p or the decision. If they would acknowledge the body of evidence the outcome would have been significantly different. Ah that's what the appeals process is for and why lawyers are needed.

I find that on the EMG to get and accurate reading or fair assessment of the radiculapathy pain and numbness both must be performed in the sitting, prone, and standing position, but what do I know I just read a lot. Nerve conduction speeds differ quite a bit in different postures.

[quote name="Vync" post="346482" timestamp="1409019655"isn't that some crap. I mentioned that if they wanted to rate my nerve damage to performs and EMG and or x ray with dye VA did neither. Same here. Was SC for cervical and lumbar degeneration. Won SC for peripheral nerves in all extremities. The EMG's were no fun at all, but taking them prone vs standing produces less rfindings.

I was fortunate that I was rated for bi lateral Radiculopathy from my two c&P's if there is a positive outcome from the examinations and the conditions. My first rated my left and my second, a request for increase, service connected my right. However the left was low balled as my private treatment records indicate moderate nerve damage. Oh one note, this was connected without the VA conducting an EMG on my legs

I would say if you have the evidence, it happened in service and is a problem now, definitely file. If you have your records and have and are getting treatment then get it all together and file a fully developed claim.

hold together, keep the line up. Show your resiliance because they, the VA, will try to wear you down.

No. The whole in triplicate approach is a good idea. It's a sure way to shoot down the whole 'we didn't receive any evidence" cop outs. Or we didn't receive a timely appeal. I faxed mine, mailed it regular mail and did a seperate registered return receipt copy. Overkill, eh maybe so. But they can't use the line we didn't receive it or didn't receive a timely appeal.

I would agree on some points. If you do use the DBQ, your private physician MUST write a nexus letter to correlate your injuries/illnesses to military service. Some primary care docs shy from this, however, a letter like this from a long time treating physician is worth 10 x's it's weight in gold. Also a statement to the effect that this physicians has reviewed your military records and is familiar with you health issues would make it more solid. JMHO

Someone correct me if I am wrong but for a C&P there should be no charge. As this exam is to check the validity of conditions claimed by a claimant the VA is responsible for the cost of the exam at no charge to the claimant.

if only that were completely true. You can have all the evidence right there laid out for them to include the citing of specific regulation, laws, evidence, and they, the VA, will still regurgitate a denial. It's only when you get up higher on the food chain that you will have the real success. It is all a numbers game sadly. Gotta save a buck to pay for that Bentley. It is a long fight. The war will have costs. But stay true. Stay strong. Kick the evidence, regs, and law back at them. Shove it down their throats until they turn blue, don't stop until their pupils have no life in them and are dead to the rest of the world.