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About USMC2311

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    E-3 Seaman

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  • Service Connected Disability
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  1. Thank you ALL for the insight and excellent information. My BVA appeal is for one contention (Ankle fracture open fixation) which should not be a complicated case; particularly with the evidence that has been submitted. Bottom line I still have some waiting and hopefully the Appeals Status on E-Benefits will be back up soon. I'll provide updates as I receive them.
  2. lotzaspotz, Thanks for the reply, I am just happy that I got this far with getting a docket number assigned.
  3. All, I just received an IRIS response to an inquiry about my BVA appeal for ankle contentions. It indicated that on 2 June 2015 a docket number was assigned to my appeal (form-9), It’s been 3 months, should my BVA packet have been certified by now and sent to the BVA? How long does it take the RO to certify appeal packets?
  4. Ebenefits Historical Claims

    rwoods04, Did you recevie any updated status on your claim closed date?
  5. rootbeer22, I am on pins and needles just waiting for the decision. I have checked eBenifits several times since yesterday since the CLAIM CLOSED status was posted on my FDC and yesterday sent an IRIS requesting for status. Thank you for your words of encouragement and I wish you the best on your claim as well.
  6. Here’s my Fully Developed Claim info: Submitted Claim- 24 March 2015 (one contention) VA closed Claim- 9 June 2015 There was no C & P Exam ordered or conducted for this FDC. My evidence I submitted appeared to be pretty solid and my eBenifits status showed UNDER REVIEW during the 77 days. I pray the outcome is positive! If denied will they send a SOC and will it be indicated on ebenifits, so far it just shows in the Historical tab closed claim: 9 June 2015. Has anyone else received a positive FDC decision without having a C & P Exam?
  7. I submitted my VA Form-9 in mid May 2015 to the VA Pittsburg RO and I received the green USPS card indicating that they received it at their mail room on 26 May 2015, As I continue to review my C-file and C & P exam report, more information is surfacing and I would like to submit a statement in support of claim, is it too late to do this? After getting a copy of my military ankle operation report it indicates that my talus was fractured and displaced in addition to the tibia and fibula fracture. I am certain that my C-File, SMR and Operation Report was never reviewed by the C & P Examiner, he even stated at the beginning of the exam that he did not have a copy of my records for review which I addressed in my NOD and Form-9. I also found out after doing some online searching that my C & P Examiner is a specialist in Obstetrics and Gynecology, what the heck! Okay getting back to the talus fracture and displacement; on my C & P Exam report there is a part that questions past and present impairment of the talus, well since the doctor did not have my C-file or any other records for review he checked this part as a NO. I would like to address this in a statement in support of claim which ties directly into my disagreement of my ankle DX code. Please advise.
  8. Seeking Increase

    Toddt and Georgiapapa, great advise! Colteam3, wish you the best on your increase. Please share your progress.
  9. Fat, Yes the above information was included in my submission with the form-9. Gastone, Here is the REASON and BASES for my ankle, word for word copy and pasted from my SOC, thanks for asking“ 3. Evaluation, residuals, fracture, right ankle with surgical scar rated as 10 percent disabling. In determining evaluations for disability of the ankle, consideration will be given to whether or not the ankle joint is ankylosed (frozen), and, if so, whether the ankle is frozen in a favorable or unfavorable position. If ankylosis is not present, consideration will be given to limitation of motion, deformity, and the degree of impairment of gait, weight-bearing and/or other impaired function of the ankle joint In relation to your claim, a VA-contracted examination was conducted on March 23, 2013 which confirmed painful, limited motion on plantar flexion to 40 degrees. On repetitive motion testing, there was no further functional loss. Based on examination results, VA Rating Decision dated August 7, 2013 confirmed and continued the previously assigned 10 percent evaluation. You submitted a notice of disagreement to this decision which was received on June 14, 20 14. Additional medical evidence dated September 2014 submitted in support of your claim included range of motion findings indicating you were able to achieve plantar flexion to 30 degrees, with dorsiflexion to 10 degrees. Upon de novo review, the 10 percent evaluation assigned for residuals, right ankle, with surgical scar is confirmed and continued. A 10 percent evaluation is assigned for moderate limitation of motion. A higher evaluation of 20 percent is not warranted for limitation of motion of the ankle unless there is marked limitation of motion (less than l 0 degrees plantar flexion or less than 5 degrees dorsiflexion). ------end----- I am contending that my ankle disability be coded (5262) and rated correct, as my Nov 1983 SMR ankle operation report indicates (trimalleolar ankle fracture = fibula and tibia fracture and talus displcement and fracture). Since filing the NOD I have submitted additonal evidence from private doctor appointments in support of the severity of my ankle and in addition submitted with my form-9 a copy of my SMR ankle operation report would should support a more acurate picture of my ankle disability.
  10. This is unacceptable! I hope all goes well with your situation.
  11. I thought I would provide an update. A SOC to my NOD was issued on 20 April 2015. The (2) two contentions that I filed with the NOD where denied an increase (Shoulder-20% and Ankle-10% already service connected). After receiving and reviewing the SOC and all evidence I have submitted since filing my NOD back in June 2014 and the recently received Service Medical Record ankle operation report, dated Nov 1983, I decided that it would be best to fight for the contention that I had the most evidence, which was my ankle. My SMR ankle operation report provides a diagnosis of trimalleolar ankle fracture. In 1983 I fractured my fibula and tibia and my talus was fractured and displaced resulting in two screws fixing the fibula and two scars on both ankles. I don’t believe the ankle operation report was ever in the VA possession. The reason why I say this is because after recently reviewing my C-File I notice where the VA doctors placed at least two request for a copy of my SMR, this happened prior to each time I had a C&P exam back in 1989 and 1998 during increases to my service connected disabilities and it appears that my SMR was never received or included into my C-File. I recently requested a copy of my SMR from the NRA, but only received my ankle operation report which happened to be what I like to believe the smoking gun in regard to my appeal. Thankfully when I filed my NOD I indicated that my current moderate ankle limitation (5271) of 10% should be properly coded as moderate fibula & tibia impairment (5262) of 20%. When I received my SOC again I indicated on my VA Form-9 that my current moderate ankle limitation (5271) of 10% should be properly coded as moderate fibula & tibia impairment (5262) of 20%. Two weeks ago I mailed my VA Form-9 to appeal to the BVA along with a copy of my SMR ankle operation report which I don’t believe was ever considered. I am hoping that the SMR ankle operation report sheds light on a more accurate picture of my ankle disability, and that I receive the proper code and higher rating.
  12. Guys I will do just that and forward a copy to Newnan as well. Thanks for information.
  13. Buck52 and asknod thank you for responding. Newnan is the office where I have sent all other correspondence but the SOC mentioned to return it to the Regional Office holding your records. I was a little hasty and just had my wife send out my Form-9 back to the Pittsburgh Regional Office, Attn: Appeals Team before catching these postings. I hope this does not cause any major issues with the packet getting properly submitted to the BVA. Fat, yes and amazing, the SOC was a quick turnaround from the date of RO’s receipt of my NOD. I believe the one contention that I am appealing will be a winner because of the fact I finally received a copy of my Service Medical Record (ankle) operation report which was not included in my C-File which now sheds light on the actual ankle disability and diagnosis. I hope the next step is as quick as the first. Again thanks
  14. I finally received my SOC in regard to the NOD I submitted back in June 2014. No increase on three contentions. I will continue my appeal for one of the three. Thankfully I recently received a copy of my ankle operation report from my SMR, to my surprise I see evidence that relates to my ankle appeal that has never been addressed by the VA. The question now is where do I mail my form-9? I am currently working overseas and my records and all correspondence has been out of the Regional Office in Pittsburgh. Interestingly the SOC was sent to me from the Regional Office in Phoenix Arizona. Do I mail my form-9 back to the RO holding my records? Or is there a new process to mail form-9's to the RO in Phoenix or to the Intake Center in GA? Please advise...where do I mail my form-9? Thank you