BigRed

Congratulatins Marinejay!!!!

Gastone thanks for the insight. No it was not a hearing. My VSO advised me to send a NOD disagreeing with the effective date which I did several days ago. The DRO granted a full grant of my claim (4x) but issued what I think is not the correct date. BigRed

Hello to everyone and thanks for serving. I recently received a DRO Decision (took 4 years to get this decision) but I do not agree with the effective date that was given. I sent a NOD for an earlier effective date . My question is, "Will this NOD of the DRO Decision also take this long - 3-4 years?" I know that any opinion will be a WAG. I have never been this far in a claim. Thanks for all of the great advice that I have received in the past. BigRed

Congratulations!!!!!!!! BigRed

Thadine, Do you have a VSO who can check for you? BigRed

Berta The dates for the C&P's are 2005 and 2006. Did the 2005 decision say they tried to confirm your stressors with JSRRC but could not get it verified? No, the 2005 decision did not mention or list the attached C&Ps at all. I am a gulf War Veteran and the doctor's were also not sent the Gulf War Medical Guidelines so the doctors did not state whether it was "at least likely as not." "They list the C&Ps in the decision letter but fail to mention the diagnosis of PTSD and nasal polyps." This was in 2010 when VA CUE'd itself. Above was a typo, it was December 2010. VA sent me a decision stating that it overlooked the C&Ps but did not mention the PTSD diagnosis and nasal polyps. Note: Allergic Rhinitis with nasal polyps is rated at 30% . BigRed

@Berta Did the VA in the decision give any reason at all as to how they determined the EED? Yes, VA says that August 2010 is the date of reopened claim. You stated 'send in NOD 2 in May 2011' but I dont understand how that could be on the December 2011 decision......??? is that a date typo? Yes it should be 2012. I have attached the C&Ps - ENT, Psychologist and Neurologist. BigRed INFO.pdf

Hi Berta, I have sent an IRIS but not received an answer as of today. I just received an answer from my VSO as to the whereabout of NOD2. He says that the June 2014 decision is for NOD 1 and 2 combined and the 2 deferred issues from NOD 1 are still pending (CFS & Fibro). Can they do that, combine 2 NODs especially if one is looking at issues from C&P exams from 2005. They listed all items as being fully granted and having an effective date of NOD 1 - August 2010. I don't have a good feeling about this becasue they have not mentioned NOD 2 at all in the decision letter. BigRed

Hello Everyone and thank for all of your help and service. I desperately need your advice because I am at a roadblock. Here is my info: Filed Claim April 2005 - Throat condition, nasal infections and headaches, skin disorder Denied December 2005 *C&P exams were received by VA on December 15 but never used in December decision. PTSD was diagnosed as cause of headaches and nasal polyps were diagnosed during these C&Ps. The doctors linked both to the Gulf War. I did not send a NOD and that was that.* August 2010 I opened a new claim for Throat condition, nasal infections and headaches, skin disorder, CFS and Fibromyalgia. Denied April 2011. Sent NOD 1 April 2011. December 2011 VA realizes that the C&Ps from 2005 were never used in the 2005 decision and sent me another rating decision letter stating they have looked at the C&Ps from 2005 and the denial is confirmed and continued. Isn’t this VA cueing themselves?? They list the C&Ps in the decision letter but fail to mention the diagnosis of PTSD and nasal polyps. I disagree with VA and think that service connection should be granted back to original claim date of April 2005 and send NOD 2 May 2011. June 2014 I receive a DRO Review Officer decision letter granting sc for PTSD, throat condition, nasal infections and headaches, skin disorder with an EED back to August 2010. CFS & Fibro were deferred. My question is what about NOD 2 requesting the EED. It is listed in eBenefits under historical claims as if it has been resolved but I have not received anything in writing. Doesn’t VA have to legally address all NODS? I have sent my VSO 4 inquiries about this but he won’t return my calls etc. Thanks, BigRed

Hello everyone and thanks for your service. I need help from the experts. My NOD is at the RO for DRO review and I was expecting a SOC but see this. What exactly does it mean, will I still get the SOC? Why would they state BVA? This is my first NOD so I am clueless. My VSO gave me the standard line "Appeals are averaging 3-3.5 yrs so sit back and wait". All WAGs appreciated. Date of Progress Progress Progress Office 11/18/2010 Local VA Office Decision RO 08/17/2011 Notice of Disagreement (NOD) RO 08/07/2012 Appeal Pending RO 05/20/2014 Decision & Claims File Dispatch BVA BigRed

Hi everyone and thanks for your service, I was flabbergasted yesterday when I received a phone call from VARO Pittsburgh. I have 2 appeals that are 3 years old and counting (April 2011) and I have never spoken with anyone from there. It was someone giving me an update on my claims!!!!!! I thought that it was my brother playing a cruel joke on me but that was not the case. I was so taken back that I didn't even ask for the name and contact info. of the person. Verdict - they are currently working 2009 appeals so I should sit tight for another YEAR!!!! Well I wanted to share and hope that this helps others out there that are waiting. BigRed

That is what I'll do Berta. When I finally do receive the decision (SOC) I think that I'll have to hire a lawyer because it will probably be so confusing at that point. BigRed

Berta, The appeal is with the RO (DRO review) and on EBennies listed for the past year as "Administrative Review". The award letter did not address the claim that is still in appeal at all.

Hello everyone and thanks for all of the help that you provide. I was denied sc for Nasal infections in 2005 and appealed it. The appeal is still ongoing. I opened a new claim in 2012 for Nasal infections claimed as Sinusitis and was service connected for Sinusitis in 2013. How will this affect my 2005 Appeal? Will I lose the original effective date of 2005? thanks, Redd77

Free_spirit_etc Thank you for the great info. I have written several lawyers but think that I will wait until my 2005 NOD is decided. It will be 3 years in April 2014 and hopefully a decision will be made around that time. I still have until September 2014 to NOD the PTSD and Chronic Sinusitis so I will wait. I was give a Gulf War General Medical exam for my 2012 claim of PTSD and Chronic Sinusitis. It lists all information regarding Gulf War symptoms etc and my GP thoroughly checked everything checked off the necessary boxes for specialists to complete DBQs and theses specialists included nexus statements. This was not done during my 2005 exams - no Gulf War Med. Exam, no DBQs, no nexus statements. If I would have had a Gulf War Med. Exam done back then I would have been service connected back then. I understand your frustration 100%. It is sad and a travesty that we as Vets have to fight wars and then fight another war to disability benefits. In 2005 I was at the bottom of the barrel, depressed, in pain, aggressive, suspicious, paranoid you name it and when I was denied I just couldn't handle it anymore. I was not at all knowledgable of the VA system and did not appeal. Luckily my uncle who fought in Vietnam and had gone through the exact same rollercoaster, talked to me and slowly pulled me back into reality. I feel so sorry for so many of our brothers and sister Vets who don't have anyone to pull them back, I feel for them. BigRed

Berta, You are correct the PTSD was not formally claimed at that time but during the Gulf War Examination it was diagnosed by the Neurologist and I was sent to a specialist (Psychologist) who also diagnosed PTSD with nexus statement linking it to the war. This evidence should have gone back to the raters. If I would not have asked for a copy of my exams I would not have known about these diagnosis' because in the decision letters this was not mentioned. No I did not formally claim PTSD 1 yr after diagnosis because I did not have a copy of the exam and was so frustrated at that point that I just threw in the towel. I formally placed a claim in July 2012 and was just awarded 50% PTSD. I agree with you when you said " Because the date of their diagnoses was the “factually ascertainable” date that entitlement arose ...in my opinion.,,,even though you had not formally claimed PTSD at that time....." I am looking into seeing a lawyer. BigRed

Berta, I hope this helps, I get confused myself: In 2005 I was denied sc for headaches, nasal infections, skin condition, and throat conditions. VA reason for decision - all 4 were the result of acute conditions. VA had sent me to and received my C&P results but did not mention or used them when decision was made. My C&P's consisted of a Dermatologist (skin), Nose, throat and ear doctor (nasal infections/throad condition) and Neurologist (headaches). The dermatologist did not know what I had so stated that he would contact VA when I had a breakout. NTE doctor found polyps, gave me cortisteroids and then stated that I was all well (Not true at all), Neurologist stated that I was physically fine but psychologically was a wreck, diagnosis PTSD and sent me to a Psychologist who also diagnosed PTSD. I did not appeal because I was frustrated with the entire thing. In 2010 I sent in a new claim for headaches, nasal infections, skin condition, tired for no reason, muscle pain and throat conditions. Two months later I receive a letter from the VA stating that they had received the C&P's in 2005 and were denying my claim again for headaches, nasal infections, skin condition, and throat conditions. In reasons for decision it states that NTE gave me cortisteroids and I was fine (not true) and Neurologist stated that I was physically fine - no mention of the PTSD Diagnosis. The 2010 claim was denied so I created a NOD for it and the reopened denied 2005 claim. So I currently have 2 NODs on appeal. In July 2012 I file a claim for PTSD, Chronic Sinusitis and CFS. In 2013 I am awarded 50% PTSD and 50% Chronic Sinusitis, the CFS is listed as "tired for no reason" from the 2010 so still in appeal. Does make it any clearer? I agree with John, I think that they are trying to play games. In my opinion the PTSD and Chronic Sinusitis should be retro'd back to the original claim of 2005. My thing is this, if the Gulf War General Medical exam was used back then PTSD would have been checked off, I would have been sent to a Psychologist and service connected for PTSD. This was not done and the PTSD was it seems intentionally left out. That is one of the many mistakes... What does everyone think, I am thinking of getting a lawyer because my head is spinning? BigRed

Berta, Carlie here is the exact wording: Service connection for headaches, nasal infections and throat conditions A medical statement from Dr. X, Ear, Nose and Throat Specialist was received at the Department of Vet. Affairs on November 15, 2005; however this evidence was not considered in our rating dated November 29, 2005. Dr. X indicates you were seen sometime in October 2005. At that time, you didn't have many complaints in the ear, nose and throat area, apart from a sore throat now and then. You didn't have any complaints of nasal obstruction. Sometimes, your sense of smell deteriorated. You were otherwise healthy. The doctor didn't find any abnormalities on otoscopy. An inspection of the nose revealed nasal poliposis in the middle meatus, which was non-obstructing. Palpation of the neck was negative. At the time of the exam, there were nasal polyps. You were treated with oral corticosteroids for ten days. On October 21, 2005 you were seen for a second time and the nasal complaints had totally disappeared. A medical statement from Dr. Y, Neurologist, indicates you were seen on October 7, 2005 as an outpatient. The statement indicated after your participation in Desert Storm, you complained about headaches everyday, dizziness, forgetfulness and nightmares. On physical examination, you were a healthy man, with normal conscienceness. The cranial nerves were quite normal, no tics or tumor. Sensory and reflex function of the upper and lower extremities was quite normal. You had no gain or coordination disturbances. Your cognitive functions to include intellect, behaviour and language and memory were quite normal. Your EEG and MRI of the brain were quite normal. (NOTE:THERE WAS NO MENTION OF THE PTSD DIAGNOSIS BY NEUROLOGIST, DR. Y OR HIS COLLEAGUE PSYCHOLOGIST, DR. Z.) No medical evidence was submitted or identified to warrant a change in our prior denial. The claim for service connection for throat conditions, nasal infections and headaches is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. BigRed

I am reading this as the 2005 claim was for four disabilities , but the 2010 claim was for 2 different disabilities. Yes the 2004 claim was for 4 disabilities - headaches, throat conditions, skin condition and nasal infections. The 2010 claim was for PTSD and CFS. Were the sinus headaches mentioned as the same etiology of the headaches claimed in the older claim? The older - I was sent to a neurologist who couldn't find anything physical but diagnosed me with PTSD and the sent me to a Psychologist who also diagnosed me with PTSD as a result of participation in the war. The newer claim (PTSD & CFS) I was service connected for Sinusitis with headaches. What VA rationale did they state for the July 2012 EED? Was that the date of the most recent C & P exams? Even so, that doesnt make sense. July 2012 is when I filed the PTSD & CFS claim. BTW CFS was not rated because ït is listed n another appeal as "tired for no reason". BigRed

Bertie, Apologies for that, I got carried away with the black marker. To recap: In 2010 VA reopened my claim from 2005 for headaches, throat conditions, skin condition and nasal infections. They had my C&Ps at the time but did not use them for whatever reason when they decide my claim (it was denied). For headaches I was sent to a Neurologist who diagnosed me with PTSD caused by Desert Shield/Storm then referred me to a Psychologist who had the same diagnosis. I put in a claim in 2010 for PTSD and CFS and was recently awarded rated 50% PTSD 50% Sinusitis with headaches (both effective July 2012). I am thinking of submitting a NOD for an earlier effective date (2005 ) for both PTSD and Sinusitis (previously nasal conditions). Is this the logical thing to do? BigRed

Bertie, Apologies for that, I got carried away with the black marker. To recap: In 2010 VA reopened my claim from 2005 for headaches, throat conditions, skin condition and nasal infections. They had my C&Ps at the time but did not use them for whatever reason when they decide my claim (it was denied). For headaches I was sent to a Neurologist who diagnosed me with PTSD caused by Desert Shield/Storm then referred me to a Psychologist who had the same diagnosis. I put in a claim in 2010 for PTSD and CFS and was recently awarded rated 50% PTSD 50% Sinusitis with headaches (both effective July 2012). I am thinking of submitting a NOD for an earlier effective date (2005 ) for both PTSD and Sinusitis (previously nasal conditions). Is this the logical thing to do? BigRed

Berta, Thanks. No the appeal does not involve TDIU. I sent you a response regarding my appeal on another feed, entitled "Is this a clue". BigRed

Thank you so, so,so, much. I don't have the brown env. yet and just used this trick. I thought that I was only rated for 1 thing and now I see that there are 2. OMG thank you so much this is so helpfullll. To my brothers and sisters still waiting, be patient and hold on. BigRed

Thanks aggie54 and everyone else your help and advice on this forum is invaluable. Question - If my other issues on appeal take me to 100% could I then claim for P&T or is that automatically considered P&T. BigRed

What a wonderful day this is, Thanks to everyone here, your information was invaluable and may God Bless each and evyone of you. I have not received the envelope yet but did check for the AB8 letter (learned about this from this site) I think it's called and saw that I was awarded 80%. I know that it's not official until you receive the brown envelope. Here is my timeline: June 2012 claim started - Gathering Dust May & June 2013 C&PExams completed July 15, 2013 Prep. for Decision September 4, 2013 Pending Decision Approval September 6, 2013 Back to Gathering Dust for additional review September 9, 2013 Claim Complete I still have several issues on appeal from 2010, this was a new claim. Will this shed any light on those issues from my 2010 appeal, does anyone know??? Thanks, Thanks, Thanks, Thanks, Thanks, Thanks, Thanks, to everyone and this wonderful site. To my fellow brothers still waiting, hang in there your time is coming. BigRed