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ArNG11
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Posts posted by ArNG11
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I feel kind of silly asking you this guys, however, the last blood I had drawn by the VA showed low T, levels, it wasn't until 2015 by my private doc that she gave me a testosterone shot. Kind of borderline abnormal for the age group and conditions I have been diagnosed with. So low t-levels isn't unheard of. Have you had similar circumstances or results? The last 5 doc visits I've had, I needed to have the shot.
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On 9/24/2016 at 4:25 PM, Gastone said:
An ED DX with an RX for the Pill,Pump or injection, still needs the DBQ or Clinician Notes, linking the ED DX to whatever Primary SC Condition your claiming caused the ED, to get the SMC K.
Asking for and Discussing the ED DBQ with a Female Dr is no more difficult than having a Female Dr give you a Prostate Exam. The fact they have smaller diameter fingers, is of course a plus. You do it once, you'll always want a SHE Dr.
Send your PCP or Urologist a Secure Msg on MHV, asking for the ED DBQ. Give a brief history of your ED, in relationship to your PTSD Meds. If the Dr agrees the SC Meds or Conditions are causing your "Dead Weapon," the SMC K Award should be a lock.
Semper Fi
I know this is a sensitive subject. But the smaller finger relationship had me rolling. Not because it is embarrassing, but because it is sooo true.
Similar experiences. 
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That is always the hard part, I believe, it is not enough to ask for help and get it, to become knowledgable in the fight and not use that knowledge to help yourself or better yet someone else who needs the help. I must admit that each and every one of US, have that flame, knowing when to fan it and when to let it burn by it self I believe is the hardest part. Once that flame is self sustaining it is rather easy, keeping it that way is another matter entirely.
Self empowerment has its place, however, those little nudges are usually the ones that can determine a victory or defeat. Sometimes that little spark or that dousing of fuel is all it takes.
This process is long and at times can devour someone if care is not taken, however, progress and success need to have that little push, that little bit of accelerant to get going again. I find this site to be that fuel, that spark and in the process met some of the strongest willed people I have encountered. They gave me hope and direction.
Although at times 5 years can seem to be an eternity, 5 years is nothing compared to a person's lifetime after that investment. Those that benefit even after you're gone is what sticks in my mind. It is all relative and must be considered.
JMO. Keep fighting till your last breath!
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14 hours ago, Buck52 said:
I would think that some or matter fact a lot of veterans that is due a lot of retro$$ call up an attorney and let them take on the VA and just wait sit back to see what happens.
but you better hope you have a sharp experience attorney that will fight tooth& nail for ya.
I would not mind paying a good experience VA attorney 20% if he could get me 80% of a large award.
and he do all the work eh!
You got that right Buck, though sometimes the 20% cut is not enough. Had I given in and not pursued what I could prove I was entitled to I'd still be at 60%. Generally speaking though most attorneys have enough of a vested interest to hang in there for the long haul but there are some which just don't believe your claim is worth their effort. Sad but true. Don't ever give up on what you can prove!
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On 8/20/2016 at 8:51 PM, 63SIERRA said:
the aspect of aggravation of an unknown in service existing condition can also come into play, as well as the VA s failure to properly process the claim, consider all evidence of record, and apply the 38 CFR laws accordingly.
One question you may ask yourself is are the disabilites that you are rated for likely to improve in the near or far future?
Just a small reduction of one contention can lower your rating signifigantly.
If you dont do a notice of disagreement to the ligitimate claims that were denied, your basically agreeing with the VA at this time that they dont warrant service connec tion.
The VA seems to despise service connecting lumbar or cervical spinal problems, because they rarely get better, are risky and expensive to treat, and garner lifetime compensation in many instances.
In my particular case, I had a claim that could have likely been won, dating back to 1995, but it may have been a 5 year battle, or longer, so I weighed the options, and determined my time and well being are more valuable than a larger sum of money, so I didnt pursue the claim, but I can if I wanted by just submitting new evidence (any specialsts opinion), then the VA would have to consider all past evidence as well, just as they do when attempting to deny a claim.
As long as im left alone, the VA will never hear from me again, but if not, I will dig in, regroup, get back into my warrior mindset, put in my mouthpiece, and go hold the line again. Sometimes having the potential to use leverage, can be more effective than actually using it.
Heh Sierra, I can see why you don't pursue your claims any further. For me, most of the time I want to be left alone. The VA had ample opportunity to do what was right on the medical side of the house. The same goes for the claims side. It, at least for me, got very tiring. My family still does not understand why I don't leave well enough alone. Only folks in our shoes can understand why we choose not to. Why we choose to help others along the long road of successful VA disability claims. Pity all the time an energy that I decided to place in these long drawn out claims could have been spent on more fullfiling endeavors.
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Judging from what you shared I agree with Andy. 70% seems to be the most accurate rating for your symptoms. The biggest hurdle is service connection, once you have that taken care of you can appeal to get the correct ratings.
I state this as this is how Muskogee Regional rated my claim. The VA lowballed it at 50%, however, I got my rating to 70% on appeal with similar evidence as in your case. The winning item here is service connection. Once you have attained that, in my opinion everything else to follow will easy peasy.
. Not demeening your situation, service connection is the most difficult part in any claim.
Don't stop getting treatment and continue to heal. You got this. Press on, good luck.
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lotzaspotz you are always tracking right on target. Could not have stated better. Very similar to what was my situation, however, my back ratings have not been correctly thus far. BVA is where I am getting that straightened out.
Speaking from my experience in my claims, this is similar to the hurdle that I had to cross and decide on. Schedular 100% is a difficult path to follow if you're wanting to continue to work. Not impossible, however, not really a practical pursuit, at least this is my opinion.
I wanted to continue to work, as I enjoyed my career, however, my disabilities where making working way too much of a stress both physically and mentally. In the end, calling it quits was hard to accept, however, turned out to be the best decision I made, but it was difficult to come to terms with my predicament.
Physically I was done, I could not perform my duties no where close to what was required and continuing to work made my physical and mental issues so much worse. My key obstacles were my back, PTSD, and lower extremity issues. In my case once I lost control at work I knew I had to throw in the towel.
Your key issues, those you mentioned above are the most logical to pursue. A medical opinion would be the most helpful here, coupled with perhaps a vocational experts opinion. These two items will greatly support Lotzaspotz advice. I am in agreement with her suggestions.
JMO. Good Luck, also don't dwell on having to stop working, you must do what is best for your health.
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On 9/8/2016 at 10:04 AM, Buck52 said:
ArNG11
IF your 100% or IU send in a Request For the P&T just based off what you just wrote in this post.
you should be P&T my friend and you should meet the criteria for SMCs'
Took some convincing with folks reiterating what I was missing in the regulations, however, Buck , that is exactly what I am doing. I intend on fighting for the SMC. A few things have to line up but so far the pieces are falling into place. Slow is smooth and smooth is fast.
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Agree with Gastone on his analysis.
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Buck, Hamslice, I needed a smile and laugh. VA using common sense, who ever heard of such a thing.
Haven't slept tonight pain is at a 10 even after meds. Hating being able to feel, wishing I would stay passed out from the pain. I know many of you can relate.
You folks bring up good point on this matter. The issue becomes very convoluted when there are multiple factors to consider. If most were that simple say a person who has become disabled due to service connected issues and has other non service related items. One agency deems total disability while the other states no. Although several have deemed this so, still other agencies, like the VA still gets away with doing this.
This has been discussed in detail throughout several posts for many years but to me it seems that there is never a clear cut answer when you would expect it to be. SSD is my example as I have been going through the motions. Fighting for permanent and total looks to be a hard goal to attain. Despicable really to say the least.
VA has acknowledged that I am IU but not Totally disabled, Department of Defense has deemed me unemployable due to all health conditions and allowed my medical retirement to go through. Un-trainable and deemed too much of a liability. Federal Student loan departments have forgiven my loans as they have found me unemployable and incapable of sustainable income, yet other agencies including the VA will not acknowledge a permanent disability.
I mean don't get me wrong I understand the game of denial but when is enough enough. This GAME will be my undoing and rightfully so.
I needed to get that out as I am at a loss for words and actions. Lack of sleep doesn't help either. At least the situation that would be understandable to most.
50mg of Percocet and 30 mg of Tramadol and pain has me weeping like a injured tired old dog that should be put out of his misery. Logic and reason escape me at the moment.
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Press on Navy. Take no prisoners, as this is WAR! Good luck and good hunting to you.
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Excellent resource materials. Wish the best for you and your family. Fight on.
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Wow jfrei, I wished Mr. Kendall was even half as patient with me when he was representing me, but alas that is not the subject here. I agree with John, those are two separate issues. One involving the emotional health and the other involving the physical part of your brain, while you can repair some damage of the emotional side of the house, the physical trauma to the brain is not as simple or easy, even with the advances in modern medicine.
JMO, were it me, I would pursue both aspects of the injury, especially with the physical trauma to the brain. Just my two cents, hope you get a positive resolution to this. Good Luck.
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2 hours ago, RUREADY said:
all I can do now is wait. You still got a while on your claim
you got to wait on CAVC AND A REMAND is not a short journey
at least not for me but good luck with it. Believe me if my attorney
don't see it my way or a way to win, he should be fired and I have
no problem doing just that. I waited 7 years I can wait another 4 weeks. RU
You are so right on this. The team, that is, your attorney and you, must be on the same page with the same goals. No "if's" , "and's", or "but's" about it.
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On 8/8/2016 at 11:53 AM, Gastone said:
ArNG. 61.73% (60%) gets the GOLD Ring with SMC S (1).If you haven't already done so, file an FDC for Increase/SMC S (1). At least establish the Retro Clock Date, right.
Just by filing the FDC Increase, causes the Rating Dept to look at your current rating and make a Decision, right or wrong. All your SC & VA Med records are in their hot hands already, should be able to get an FDC Decision in under 4 months, no real need for a C & P.
If they deny the Increase, quite possibly a VA Phantom Quality Control Sr. Rater will catch their mistake and reverse it, as they did in my 12/15 Award.
Semper Fi
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.
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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?
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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.
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On 8/8/2016 at 11:53 AM, Gastone said:
ArNG. 61.73% (60%) gets the GOLD Ring with SMC S (1).If you haven't already done so, file an FDC for Increase/SMC S (1). At least establish the Retro Clock Date, right.
Just by filing the FDC Increase, causes the Rating Dept to look at your current rating and make a Decision, right or wrong. All your SC & VA Med records are in their hot hands already, should be able to get an FDC Decision in under 4 months, no real need for a C & P.
If they deny the Increase, quite possibly a VA Phantom Quality Control Sr. Rater will catch their mistake and reverse it, as they did in my 12/15 Award.
Semper Fi
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.
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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.
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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.
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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.
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2 hours ago, Buck52 said:
Roger that Gastone.
Beings I only got a 70% for the PTSD I will have to use the IU as my stand alone disability so that means I have 5 more years sending in the employment questionnaire.
A Veteran needs to check his rating status occasionally make sure what they added? or took away without us knowing it.
Mr A you should try to get copy of your award letter it should be up on ebenny's?
you really need a copy of it if you have other claims pending even NOD.
IF they rated you IU using the extra schedular formula at 90% and you get at least 60% for your Back and with your other disabilities no matter how small ( they can only rate in 10% increments) on the level of the disability ...and your Back % would be considered a different disability..so my thinking is after they add up the smaller % that would bring you the 100% and then use your Back ratings for the SMC's S-1 & Possible K AND L-1 1/2 depending on your Back disability and other complications from it??
you could get a 100% rating on your S.C.Back problem and if so you should be getting some statutory ratings for SMC.
jmo
.......................Buck
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.
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23 minutes ago, john999 said:
AskNod says that even if your many individual disabilities add up to 100% you are not considered 100% scheduler. I am stuck at 90% unless I get another rating of at least 50% because I think I am at 93% rounded down to 90%. I have 3-4 more years of sending in Employment questionnaire because when I hit 70 or therebouts no more paperwork for IU. In five years I will have 20 years of being IU. I would like to be rated as 100% before then if possible. I had the Inspire device implanted in my chest and throat instead of using the C-Pap. I think it works OK plus I get oxygen every night. My OSA was pretty horrible and life threatening. I have been playing with the VA for 45 years just to get what I got. What a long strange trip it has been. For Vietnam vets agent orange related disease will probably get us all in the end. I went to a psychologist at the VA to treat my insomnia. He asked if I had been DX'ed with PTSD. Of course, but I am already rated for it.
My question is this: What conditions cause OSA? Is it related to being obese or some other set of conditions? The conditions I have are all so intertwined with VA disabilities it is hard to separate them out as to being VA or non-VA.
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.
Similar experiences. 
. Not demeening your situation, service connection is the most difficult part in any claim.
Make Copies!
in VA Disability Claims Research
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I like the ideas of how to safeguard your medical and service records. I still employ a paper/electronic system. I like the combo approach with redundancies. Believe you me it has come in handy several times already and once BVA hearing approaches, well I have a few green cards with the Regional Office and Evidence Intake Centers signature all over it. Can't deny an item wasn't received if you have a signature to prove it.
Not to give cudos to the VA but the e-filing of claims through e-benefits has not failed me yet, well other than consistent access but you can see and load both ways on submitted evidence. Confirmation of submission and acceptance are a nice facet.
Still even in this digital world, I would suggest the same in regards to records. Keep a hardcopy, have one on a drive, jump drive, online server, and for kicks throw a media copy in a safety deposit box. You never know.
The one thing I would suggest with the online methods is to make sure the encryption and back up redundant systems are to your satisfaction and meet new technological standards.