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About gbat

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    E-3 Seaman

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  1. Hi All, Trying to figure this out. In the Higher-Level Review lane, veterans’ claims will be review “de novo.” This means a senior claims adjudicator at the VA will take a look at their entire claims file. In this lane, the record is closed, meaning veterans cannot submit new evidence. The higher-level reviewer will look only at the records already in the veterans’ file at the time of the initial decision. Does this mean they will only look at records at the time of the original claim or evidence I submitted for NOD for one, and a IMO for an appeal directly to Board. Nod going on 26 months and appeal to board states I am 180, 625th in line. Should I do it? my VFW VSO says don't do it. Any advise will be helpful! Thanks Gbat
  2. Berta, Thank you for your insight, In my opinion, the Nexus below is/was very weak because it was from the report from a WRIIS assessment and didn't really have full medical rationale , even though a VA occupation & environmental doctor did it. This below is from that assessment: This is not a C&P exam. I then filed a claim and got the C&P exam, results are posted in above in original post,Which the doctor was very pleasant at time and basically just referenced a website for least likely as not answer. So to counter balance I thought I would spend the money and get an good IMO. Mind you I am going to wait for the BBE first, but with that poor C&P, the writing is on the wall. I also submitted buddy statements concerning length of time and private Dr. records. Which I am out of a kidney not much to exam but the paperwork part. It was laparoscopic so not that big of a scar either. On other question, How to file reconsideration? Is there form or do I just hand it back in with note. VSO not much help, said these claims are very tough, and long battle. Also told me there is no such thing as a reconsideration just put in NOD once BBE gets here with negative results. Never easy I guess! Solvents- You described being regularly exposed to several solvents including degreasers, PD680, cleaning fluids, and paint in the course of your 14 years in military service. These solvents can cause a variety of health problems including headaches, nausea, dizziness, drying/peeling of the skin and a skin rash particularly upon repeated skin contact. Though these problems often resolve soon after the exposure terminates, chronic exposure to high levels of certain solvents has been associated with the development of certain cancers, including kidney cancer. Of note, you also have a history of cigarette smoking for approximately 20 years. Cigarette smoke is a well-established cause of kidney cancer. On average, smokers have a 50% increase in risk of kidney cancer. For more information about the risk of kidney cancer and smoking please visit http://www.cancerresearchuk.org/cancer-help/type/kidney-cancer/about/risks-andcauses- of-kidney-cancer. It is not clear from your medical records, what type of kidney tumor you had, making it difficult to determine with certainty the relationship between your solvent exposure and your diagnosis of kidney cancer. But it appears that it is as likely as not, that your long history of solvent exposure may have contributed to this diagnosis.
  3. Forgot to add, Had left kidney removed. cancerous tumor that came after having one removed five years earlier.

  4. Hello All, I just seen my c&p exam results. I filed for a loss of organ claim secondary to TCE exposure, from working with TCE for 15 years. Had a nexus from wrii exposure VA doctor saying it was at least as likely as not being exposed to TCE for a prolonged period caused it. My two questions. Dr. David Anaise will do an IMO after I send him all that I have on it. Do you think two against one opinion would turn it in my favor and what form or how do you file for reconsideration instead of two year NOD wait? The examiner basically referred to this website below for his diagnosis for least likely statement. I did smoke pack a day and I am 6' 2" 230 pounds. Thank you please refer to scholarly article, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3012455/ for details. main risk factors for kidney cancer are cigarette smoking, obesity and hypertension. veteran has history of smoking cigarette, and also has obesity. currently there is no evidence that exposures to chemicals including trichlorethylene and other solvents cause or aggravate kidney cancer. the author concluded tghat " casual conclusions are not yet supported " and that " Genetic susceptibility and its interaction with environmental exposures are believed to influence renal cell cancer risk, but limited studies based on candidate gene approaches have not produced conclusive results." therefore, to answer question asked, veteran's kidney cancer is LESS likely related to military service; as there is no definitive evidence that exposures during service caused or aggravated the kidney cancer.
  5. gbat

    IMO from Dr. Anaise, CKD

    I filed a loss of organ ( kidney due to cancer ) claim. It is in the gathering evidence claim. I think they are requesting my service and va medical notes. Of course nothing will be there since I got out of service 23 years ago. I filed this due to chemical exposure TCE over twelve year period. A WRII doctor said it is as likey as not that it could of came from exposure. Also said I smoked for twenty years and that has been known to cause cancer. Would this Doctor be qualified to do an IMO on cancer matter? Should I wait until denial comes in then get IMO? Any thoughts? I have NOD in for PTSD for over year now. That started in 2012, but VSO set me up with private shrink for a year and intial diagnos must come from VA. SO that was wasted year for benefit. ( Did help me mentally )
  6. gbat

    Dr. Ellis Oklahoma Imo

    Does dr. ellis do IMO's. I would like to link IBS/Gerd to PTSD. I heard that PTSD does not cause you to get gerd/ibs, but I believe my PTSD aggravates my symptons of IBs/gerd. I have the gerd and ibs documented in health records from private doctor. I am currently waiting on Nod decision for the PTSD. It was turned down frst time for lack of stressor. I provided that. I just don't want to wait two, three years on NOD then be denied again for the ibs/gerd. thanks
  7. Hi, I guess the question is what do I need to do? I am preparing to do NOD for gerd/IBS secondary to PTSD. What should I get an IME or IMO? I live in NJ and was looking at SEAK website. Can a internal doctor provide the IMO/IME? for secondary IBS/GErd issues? Do they need to fill out DBQ or just a letter relating the two. Should an MH doctor do this? Side note : MH VA doctor just switched my meds, put me on Mirtazapine 15mg. 3 days ago. All sleep problems gone with anxiety way down but as I'm typing fill like falling asleep after sleeping for 12 hours. went to work and can't wait to go to bed again, also fill like I'm starving sorry for the rant.
  8. Thanks for the advise everyone, When I find out more, hopefully before 2042, I'll share with site.
  9. thanksPete

    1. gbat


      Hi again,

      I don't care for the answer, probably long dead by than. thats why the 10% awarded with no proof just MOS. (Gunners mate).But if thats the rule then it is what it is.

      my follow up question is. I thought the VA MH tharapist or doctor needs to review your SMR's before determing PTSD. If I have my orignal at home, how did they make a diagnosis of PTSD? I requested copy last year and they sent me just three pages -( original enlisting physical 1979).or if just the therapist made diagnosis, does it still count? Can I hand the doc a copy of SMR's?




  10. hello all, I was awarded 10 % for tinuitus and got denied for PTSD and ibs/gerd secondary to PTSD. the PTSD (non combat) was denied for lack of stressor and non VA MH diagnosis. So secondary was a mute point. I sent away and have the prooof of the stressor. Now am seeing VA MH doctor and VA therapist for past 4 months and it seems to be helping some. The therapist put down a PTSD diagnosis, so I hope that gets me to a C&P exam. In 1992 I voulantarly seperated and received a special seperation bonus of 45K due to a reduction in force after 15 years. This past yearThe VA gave me 10% and stated that in 2042 I should receive my first check for 133.00 or close to that amount. OUCH. I am going to file NOD after I get IMO of secondary IBS/Gerd. and before 1 year time line for nod My question is . If I receive 30% for each and get 50% total does that make a difference on the payback of that SSB. Also when I left military, a Corpsman told me to take my SMR' s so I have them. Followed his advise. Now how do I get them on MY VA health site and are they going to give me hard time if I submit with claim? Thanks for your wisdom. Alot smarter than X-VSO.
  11. Hi, When I left the military back in 1993 during my seperation physical , the corpsman handed back my SMR's to me and told me to hold onto them because they get lost all the time. Small miracle but I still have them, and how do I get them to the VA s, I tried uploading them to myhealth vet and it won't let me, to big. 15 years about 45 pages. I asked my MH doctor and he say's he has no idea. I guess i can give them to my VSO to upload for claim, however I would like them on fils for my treatment at VA clinic Thanks
  12. Hi All, I first went to a VSO almost two years ago and we decided to file a claim. She thought it best to file a fully developed one. I sent for deck logs from the Navy and still haven't recieved them. She said keep wating for them. About a year and a half go by and she submitted the FDC. I also got a DBQ from therapist at the beginning and now that it is over a year old she did not submit it. She now claims (You would still need to go to a c&p, so the DBQ doesn't matter) Well the FDC been in the Gathering of evidence phase for about six months now. It then dawned on me they are probably looking for my medical records that when I got discharged I took with me. (it's going to be a long wait if they are looking for records that are not there from thirty years ago. She states well if we submit them now it will scratch the FDC.(can I upload them if I copy to a computer documents)? but if we don't, then it will still stay in the evidence phase for who knows how long. What to do -What to do?(besides canning her after denial comes in) If I can her , is she required to turn over all my records to new service rep? Should I switch VSO's now or wait? thanks for the replies if any.

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