ArNG11

Congrats. Always nice to read good news during times like this.

I would have to agree. I would rather not be wearing the damn mask every night when i go to sleep and be less stressed wondering if one day I will not wake up the next morning.

This is very true. But it's an adaptive war that we fight now. I think we are at a disadvantage in some respects. However, knowledge is power. You have to use that to your advantage. Never hurts to use their own words against them either. I am even starting to records conversations, they write everything down, so do I, I just use recorded media, however, for it to stick you have to advise them that you are recording if you are ever to use it in a court room. I think it is sad that you have to go to such means just to get fair treatment, and none of that, oh he never told me or he never asked that, or I was not made aware of that. Please have some integrity. In any case always cover your six. Don't get me wrong, there are some good doctors and personnel out there, i just don't meet very many. So far it's been 1 of 6 in the last year. Heh nothing is perfect.

I have been on 900 mg for a about 6 weeks and I can't say that it does much other than make me loopy. If I take with a methocarbanol , the combination packs a wallop. I don't see the benefit being on a medication if it does more harm than good and doesn't provide the intended pain relief. Getting tired of waiting to find the right dosages. On a good note with this med it's been calming my chronic diaherria.

I just got a copy of my C file and I am already formulating my plan of attack. Even the first MRI I submitted as evidence with my claim shows how inadequate this is exam was and the downplay on words and the omission of other findings that are significantly detrimental to a proper rating. Imagine that, VA rating lower than the actual condition merits. From what I read on the reports so far my mRI states moderate the c&p exam state mild. But I got rated 10% for mild? That is inconsistent with regs. I also noticed that even though over 50% of my spine has evidence of spondylosis, it is deemed minimal. WFT is this for real. Did they even look at the MRi or just glance at the first few lines. I know they must have at least touched the page as it is mentioned in the SOC. But really, holy medical records batman. Yeah I may not know all there is to know about appealing a claim but this is going to be easier to attack than what I thought. Of course easier said than done to change the unfair interpretation of regulation and criteria. But can they really go against medical evidence? So John what are you saying about individuals that take a hypocratic oath to look after their patients best interest. Say it aint so. But yes if it didn't go against what is left of my integrity and dignity, for a second ,bribing a doc for hire almost sounds appealing. No not really. As much as it would be tempting. No. Not my cup a tea and it goes against what I believe. Besides the medical evidence that I submitted and is actually in my c file solidifies my claim. Now the problem I foresee is my claim being rated fairly according to the evidence since they have done a fabulous job thus far. So I wanted to get some thoughts and opinions now. The VA now has in there possession all of my med records up to the last physical therapy sessions I had this past summer. These records blow the C&P exam out of the water and it shows me what folks on here have said all along. Downplay and word substitution for your condition is an understatement. I have submitted a request for an increase and it's in the works according to the VA. Since the disability evaluation is "INACCURATE", I have submitted records that show more accurately my condition and injuries to my back, and I just got verification from seeing my C-file that those records are there, is the best course of action to file and NOD and request a DRO review to reevaluate my back claim? I think I might get the increase and get closer to what I should be rated, however, I do suspect that I am going to get hosed again.

Here just under two weeks I am getting the radio frequency ablation done. After all the steroid shots, normal placed, bilateral, facet block injections, it is time to be more aggressive on the treatment. All this is utilizing my private insurance. It has taken me 4 months just to get an appointment with the pain management clinic through the VA. I get to see them in five days. Hopefully they won't state something that will set me off, like oh I think you have a some back problems. But alas I am not going to blow my top until it is necessary and then probably not, how does that saying go. You get more flies with honey than you do vinegar. Something like that.

That is my concern on my claim. For my sleep apnea I showed progression where the first study showed sleep disturbances but not enough to diagnose with OSA at that time. Few years later and I got diagnosed and got rx'ed a CPAP. How in the world would a physicain prescribe you medication say for hypothyroidism or GERD, or rhinitis without a diagnosis. The insurance wouldn't cover the RX without a justified diagnosis. Yeah the part of the clinical diagnosis is going to be a booger. But if it has to be disabling to atleast 10 % then how in the world is it not a diagnosible disease or illness. Yeah its a sheep in wolf's clothing. I'm expecting to get denied in the same fashion but I'm in the waiting stage now. Evidence is submitted and registry exam was done. I am somewhat hopeful but I am going to be realistic. In my case they are doing my increase for my back claim and my Gulf claim at once. I am so curious to read their decisions. Maybe I'll get it before the year is out. Probably not, but heh it would make an awesome Xmas gift. I think I will be lucky if I get a decision by the end of the first quarter in 2014.

I requested my c file and ebennies is showing the request as a claim opened and closed in 5 days with an appeal possible. Is this some glitch or can they actually deny a FOIA request for the C File?

Its funny how they play that game. I haven't hit that road block yet, however, from advice on here, I keep copies of everything I have sent on hardcopy and save it to my laptop as PDF's. I have also turned in the medical evidence that I submitted for my claim to my local VA clinic as a secondary source. They have the evidence I submitted with my claim, they'll get the evidence from the VA clinic that I submitted with my claim and they should match. I am very curious to see if the two sources will coincide with each other or if they have conveniently left portions of it out. Of course I am waiting for them to deny my gulf war claims because I had a doctor that knew what my problems were and gave me diagnoses and started treatment for those conditions. I agree with most on here, " DUTY TO ASSIST" ??? My big fat behind. DUTY TO DENY. Mislead and redirect is all that happens. That's ok though. I have learned a few things here and there and I'm ready to play. Regulations and laws. Those are my weapons and I believe they will hold true even if I have to get a bigger sword and someone else to swing it with me. Anyways bad day to be writing this kind of talk. I am thankful for what I have and thankful that I still have a family to come home to every day. Things could be better, however, I know things could be a great deal worse. So when I get angry and remorseful and start thinking how bad I have it, I remember those who are in worse conditions than I and the souls that are no longer with us. Keep strong folks. When the VA tries to lead you astray just grab their hand and walk them through the regulations and laws. Carry a bat just in case you have to beat it in to their thick skulls. Happy Turkey Day folks.

Congrats. Sir. Feel better soon.

I have a feeling that is what they are going to do. Although I haven't received anything as of yet since the claim has been stalled in reviewing evidence for a while now, I will not be surprised. My care has been on the private sector most entirely, so I fear that I will be denied because my private doc gave me a diagnosis and started treating the associated symptoms that I cannot be connected becaused my illnesses have been diagnosed. I am not keeping my fingers crossed. I am waiting for the decision letter to see how they deny the claims. But if it doesn't fall under the undiagnosed illnesses, it just has to manifest itself to a degree of 10% disabling before 2016 right? I'll see how that cookie crumbles.

If you worked around aircraft or did any type of mechanic work on vehicles or such this is the best avenue to pursue a tinnitus rating, typically 10% is what they rate.(ringing in the ears) as for the hearing loss if you have your medical records from your entry exam and later hearing exam that show a compensable degree of hearing loss this would be of a great help to your case. If you haven't passed the one year mark since your decision I would submit and notice of disagreement with relative evidence. The key is having those records. If you haven't already done so get a copy of your c-file. Typically you can get partial copies of your records by visiting the regional office if it is nearby, however, if it is not, then submit a request in writing, be warned though, they take their time, as they always do on these types of request. It's been a few months on mine and I still have not received anything. Hope this helps.

Section 1117? Does anyone have the references on the reg? Since I was given a hard diagnosis I have a feeling I am going to have a difficult road ahead with my gulf war claim. Yes I have records of symptoms and documentation from private doctors, however, it is not undiagnosed. Any suggestions on direction for this?

Interesting points. 71M10, I haven't found an attorney yet that will even look at my claims until I have been denied on the NOD. I find that interesting and somewhat oh I don't know kind of screwed up. But I get it. They have to make some money off a case if they decide to take it. I just don't think it is right. Personally I have been reading a lot. The regs and on these forums, it is a lot of information, and some cases, like mine, is not so cut and dry, especially with overlapping issues, and soooo many regulations and obstacles that the VA puts to burden a veteran making a just claim. I'm at the point of submitting an NOD on my first claim, I am just waiting to see if they follow the correct criteria before I contest it. I am concerned about my gulf war claim, the language on undiagnosed illness, and the presumptive requirements, I can see how it can be easily denied on the VA's side of it. I am waiting to see what decisions they make on it. They should follow the regs and laws, however, I know better, I have already started working on my NOD for that claim, just in case. Paranoid and preemptive, eh maybe, but as I commented once before on another post, it is War, one battle at a time, and you have to be prepared.

Endocet 5/325 those are the ones that hit me a little bit much