Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

SergeantQ

First Class Petty Officer
  • Posts

    171
  • Joined

  • Last visited

  • Days Won

    4

SergeantQ last won the day on November 6 2017

SergeantQ had the most liked content!

About SergeantQ

  • Birthday March 1

Contact Methods

  • Website URL
    https://writethadinequick.wordpress.com/

Profile Information

  • Location
    Chicago, IL
  • Interests
    Writing, Family

Previous Fields

  • Service Connected Disability
    0%
  • Hobby
    Writer

Recent Profile Visitors

1,405 profile views

SergeantQ's Achievements

  1. Sure seems that way. I’m just hoping that collectively I’ve done enough. If not, to the appeals board I go.
  2. I understand. Too late now. I’ll just have to prepare for a appeal at this point.
  3. VBA-21-4138-ARE statement for secondary final_Redacted.pdf
  4. My VSO suggested we submit a reconsideration right away. I completed the VA form today and provided the nexus letter from GI doctor. Additionally, I noted the case below compliments of hadit BVA Decision: Citation No: 1644123 Date 11/21/16 "The United States Court of Appeals for Federal Circuit (the Federal Circuit) held that "[a] veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his [or her] case." Hensley v. West, 212 F.3d 1255, 1265 (2000)". 2. Court of Appeals for Veterans Claims(CAVC): Wallin v. West,11 Vet.App. 509,514 (1998). 3. CAVC: Sacks v. West,11 Vet.App. 314,317(1998) 4. Federal Circuit: Hensley v. West, 212 F.3d, "A veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his case." patient letter redacted.pdf
  5. Good point about the examiner checking this box. It's definitely an error in checking it because I'm still taking it and never stopped. Unfortunately, I could not reiterate here because i only saw the exam after the fact. However, post exam, I did provide a solid statement with a line by line description of what's happening with me. I will post it here shortly.
  6. I see. That makes sense. That nexus ltr you uploaded was spot on. I see why you won!
  7. You just took me off life support! I have been revived! Thanks so much for the advice. I’m headed to do more research.
  8. Thanks, yes I have a nexus but I didn’t upload it. I’m in my mobile phone. Seems off putting if the examiner completed the dbq in this way for the rater to only deny. Usually, the examiner makes the call then the rater cosigns.
  9. Thanks Berta... I had a surgery in 2012 - this ltr shows my combined rating that’s why they gave me 100%. During that time. But again there is no break down.
  10. Update on my "Cue for anemia, right???" post. Quick Recap - I was rated 10% for Anemia. I received the decision letter and identified that they rated me using the incorrect diagnosis code. I went back to my VSO to fix it. He agreed. (No NOD, CUE or Reconsideration needed, he just sent my request to fix it back to his "Change management agent." As I waited to hear back from the change management agent/VSO, I was sent to a comp and pen for depression. About two weeks after comp and pen for depression - ebenefits changed. boom! Combined rating of 80%. So I thought they fixed the anemia rating, and probably added in the depression. Turns out they only rated the depression. They never even addressed the anemia and/or the error on the diagnosis code. Again, no changes to my anemia - it still shows in ebenefits as 10%. Sooooo, bottom line, I got 10% fibroids, 10% for anemia, and 70% for depression - combined rating of 80%. The 70% for depression was a blessing and they gave me the same effective date Oct 2017 which is the effective date that my anemia claim would have been. So, basically, in this new decision letter - anemia is not addressed at all. My VSO said there is nothing pending for me, my case is closed. My questions/concerns: Should I just let it go about the anemia? Recall the whole reason I went back to my VSO is because they rated me wrong and gave me the wrong effective date. I will miss out on back pay for anemia from Oct 2017 if I stay silent. It was a blessing that I received the depression rating of 70% that I never applied for. Again, my VSO called and sent me in for com and pen exam out the blue. Turns out the evidence was in my file. Should I just shut up and sit down? Grab your VA Calculator: Effective date Oct 2017 - 70% single rate ($1365). I did the math and this is $9555, correct? However, I received $6500 in retro. What's wrong with these numbers and should I go back to my VSO or let it go? See attached decision letter. Decision.pdf
×
×
  • Create New...

Important Information

Guidelines and Terms of Use