SergeantQ

Dang! Not much to say here but keep going. Don’t quit! Read the denial letter thoroughly - it’s the blueprint toward a grant. Hang in there solider - Salute!

Sure seems that way. I’m just hoping that collectively I’ve done enough. If not, to the appeals board I go.

I understand. Too late now. I’ll just have to prepare for a appeal at this point.

VBA-21-4138-ARE statement for secondary final_Redacted.pdf

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

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.

I see. That makes sense. That nexus ltr you uploaded was spot on. I see why you won!

I see. That makes sense.

You just took me off life support! I have been revived! Thanks so much for the advice. I’m headed to do more research.

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.

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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.

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

Okay great advice. Thanks Buck52.

Not sure because I already had 10% for fibroids. I'll let you know when I get the letter. But I hope everything works out with you as well. Let me know. I need closure. lol

Yes 7716 general does warrant a higher rating but like you said, it does not align with my symptoms. Which is why originally they only rated me 10% under 7716. I was so mad when I saw that. That's why I had to do the research and find out the rating was so low because under the 7700 (which is the one they should've been using) I should have gotten a 70% rating. So, I think I did get 70% for anemia under the 7700 code but I won't know until I get the letter. Right now, ebenefits is showing 80% on the letter but no break down.

Yes. I work in the Chief of Staff office at the VA in North Chicago - I tried to drop names and I really think doing so helped my case. Beside, he was tired of me bugging him.

Ohhhh okay. Now I understand. I’m sorry u are going through this.

Hello Buck52... No sir, that's what I've been trying to say the whole time - I have anemia. NOT ‘Aplastic’ anemia nor "Pernicious" anemia - simply anemia. My anemia stems from blood loss but it's not enough blood to get those b-12 shots, injections or have infections. Aplastic is the category that taking those injections and getting infections fall under which again, I don't have. Is "Pernicious" even on the list for anemia? You should look at your symptoms and then match it with the diagnosis code and put in a new claim. But never give up.

Berta - you already know I appreciate your support. Salute! And no ma'am - I didn't even have to do a CUE or a NOD. As soon as I received the letter in the mail - I contacted my VSO via email and told him what happened... How they applied the incorrect diagnosis code to my claim. I have anemia - period. So, ‘Anemia’ has the 7700. The code they rated me under is ‘Aplastic’ Anemia 7716 which again I don’t possess those symptoms at all. My VSO said, ohhhhh okay I see the error, let me talk to my change management and they handled it internally. Now, it never showed up on ebenefits via stages because again, it was handled internally. (You see through GOD all things are possible). Now I don't have the break down yet - as soon as I get the letter you can be sure i'll be checking for the effective date. Now that's where I'm going to have to file a cue or NOD, I don't think they will fix that on their own.

Good news! They fixed it. Yep sent it to my vso who sent it to his change manger and they fixed the anemia diagnosis code internally - without me filing a NOD No retro yet or break down but ebenefits changed today. Im so happy I don’t even know what to do. I pray they get my effective date right. I luv yawl!!!

Well hopefully it will get fixed locally with the change management agent.

Heard from my vso today who is a man of minimal words... he said, I’ll refer this issue to the Change Management Agent to see if it can be reconsidered under the other Diagnostic Code. i just hope it all goes well. Prayers up for me please.

Wonderful! This is a great first start.