JFizzle

Hello good people of Hadit.com, I have a remanded appeal that was last updated on ebenefits on May 16th. I called the DAV to get a more detailed update and was told that the appeal is at the Houston Regional office and the last note says "VHA request to N grant". Would any of you have a idea of what this could mean? The receptionist at the DAV was puzzled as well as to what this entry could mean. Thanks in advance JFizz

Thank you Berta and Broncovet for the timely answer and thoroughness... and my apologies for getting back to this just now. My claim is a remanded claim, as I was only awarded partially almost a year ago for the complete claim. (Sorry for the confusion, I was thinking a remanded claim was encompassed with the term appeal and didn't know there was difference.) The claim went from with VLJ to undergoing development, which confused me because I have never seen anyone have this status nor could I find it in the search (google or hadit).

Good day good people of Hadit.com.... I checked E-benefits today and got the following status on my Work in Progress link: Undergoing Development : The Board has requested a medical opinion concerning a question involved in your appeal. You will receive a copy of this opinion and will be provided an opportunity to respond. Obviously the board is asking for a medical opinion on my appeal, but I was wondering if anyone else had this status and to give any insight on what to expect. Thanks in advance.... JFizzle

Should veterans place the percentage desired as part of an initial claim or let the VA decide? Does specifying the claim to a percentage completey deny the claim if the criteria for the percentage request is not deemed a match? Even if it matches at a lower percentage? Just curious to know if there is any success with that approach?

Any advice is appreciated Hello Fellow Hadit Members. Upon entry to the military 2000, my entry exam indicated I had bilateral mild pes planus. My current condition of flatfeet has now worsened from mild to rigid... I am assuming that is beyond mild or moderate and is severe or pronounced. I am currently service connected with: 1. Left Knee ACL Tear & Meniscus Tear Surgery 2. Mild Left Quad Muscle Weakness/Atrophy 3. Right Ankle Pain and Achilles Tendonitis with Bursitis So I have constant knee and foot pains. I was not aware that the exam indicated I had flatfeet (pes planus) until recently. I reviewed my service records and when I was seen for and diagnosed with Achilles tendonitis, the podiatrist noted (while in service) tight gatroc and pes planus. I have continued to have issues/pains with both my feet and have been treating them for years.... Any advice on the if I can claim or how I should go about service connecting the issue? And do I have a case? Thanks in advance J-FIzzle

So... I have had a few conditions pending for a decision on an appeal and was awarded and paid.... I checked ebenefits and my percentage changed, percentages of each condition was modified accordingly, and everything seems to be up to date.... but when I check the status of the appeal, it says it is still in remanded appeal status and still with the AMC or original office making a decision... it has been a few days, and was wondering if appeal status's change or could they be considering other ailments found during my C&P exam?? I thoulght if you get paid, e-benefits would be updated to complete prior to them sending out compensation... any experience or thoughts to the status remaining in remand status and an award has been given.... I am maybe jumping the line by asking now since I did not recieve my envelope yet but curious to know..

Thanks Vync....

Are there any suggestions or preferred methods on how to approach an independent doctor to perform a VA evaluation for your conditions, service connect an event during service, and fill out a DBQ?

Hamslice, Thank you for your advice. I am currently 10% for my left knee (residuals, left knee injury, postoperative), 10% for meniscus tear (left knee meniscal tear with anterior cruciate ligament tear), and 10% for Right leg/foot Tendonitis (right ankle sprain, with Achilles tendonitis and bursitis). I have an ortho appointment with a new doctor and I would like to gain his current diagnosis and medical opinion as well. Do you have any suggestions on obtaining the necessary opinion from a doctor for a Va claim? Thanks, JFIZZLE

Hello good people of hadit.... I have never claimed muscle weakness as one of my ailments from the military..........I had left knee surgery back in 2003 while in service for patellar tendon ACL repair. Since this surgery, my left quad has been weak (atrophy) and measureably smaller than my right quad. I have walked differently (gait) since that time with a now natural limp because of the quad not fully restoring. I have suffered from achilles tendonitis, back pains, plantar fasciitus, flat(ter) feet (unclaimed pre-existingly mild condition upon entry but can be considered severe), and various ankle pains and discomfort and also went to numerous physical therapy session for each. My question is 1)what can I claim as it deals with atrophy to the left quad 2)what will I need for my claim as evidence... can I use physical therapy notes that highlight the atrophy and gait 3)if I claim flat feet and it was a pre-existing condition and the doctor and physical therapist said it was worse than mild, should I claim it? Thanks for your feed back in advance

Good day Good people of Hadit: I recently reviewed my medical records from MEPS and discovered I was documented to having mild pes planus as a pre-service condition. With all of the lower extremity issues I have had throughout my service (and continue to have), none of my in-service records beyond MEPS indicated I had flat feet. Recently, I was diagnosed with severe flat feet by my physical therapist during my initial evaluation. I was also told from my podiatrist that I have moderately severe flat feet and plantar fasciitis in my left foot which that got me looking into claiming this disability with the VA in the first place. I am currently service connected with Right Ankle Achilles tendonitis and bursitis 10%, Left knee injury postoperative residuals 10%, and Left Knee meniscal tear with ACL tear 10% for my lower extremities. Other issues I do have is weakness in my thigh muscle from the ACL surgery that has not healed or developed properly, continued pain in both feet, bilateral knee aches, and back spasms (all in which I have been to the doctor and referred to attend physical therapy sessions). If I have this pre-existing condition recorded from MEPs and it is worst now than it was when I entered the service, can I claim it. Also, how would it effect the other lower extremities I am currently service connected for? Will it lower, increase, or not effect them. I want to make a wise claim, and not something that will complicate it even more. Any thoughts, guidance, or experience with favorable or unfavorable results? Thanks.

Thank you Buck and Bertha.

Hello Good People at Hadit, I recently got the exam report from a c&p done less that 2 weeks ago. I will post the results below. I have a few questions about the report and the expectation of the service connected rating scale. For the DBQ for Skin Diseases it states: --------------------------------------------------------------------------------------------------------------------------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 1. Diagnosis: ------------- Does the Veteran now have or has he/she ever had a skin condition? [X] Yes [ ] No [X] Dermatitis or eczema Diagnosis: Tinea versicolor ICD code: NSC Date of diagnosis: NSC [X] Other skin condition Other diagnosis #1: Pseudofollicultis barbae ICD code: L73.1 Date of diagnosis: May 2000 ----------------------------------------------------------------------------------------------------------------------------------- Question 1: For the Tinea Versicolor, does NSC mean Non Service Connected? and if I was diagnosed in the service for it, should I speak with my rep about providing this evidence from my hard copy Military Service Records before the DRO reviews it for decision (its an appeal)? Would it be too late since the exam portion is finished even though it is still in Remanded Appeal Status in E-Benefits? ----------------------------------------------------------------------------------------------------------------------------------------------- 3. Treatment ------------ a. Has the Veteran been treated with oral or topical medications in the past 12 months for any skin condition? [X] Yes [ ] No [X] Other topical medications If checked, list medication(s): Ketoconazole shampoo 2% Specify condition medication used for: Tinea versicolor Total duration of medication use in past 12 months: [ ] < 6 weeks [ ] 6 weeks or more, but not constant [X] Constant/near-constant ------------------------------------------------------------------------------------------------------------------------------------------------- Question 2: I have been treating this condition constantly as stated. If the Tinea versicolor is rated 0%, but the use of medication is constantly needed is rated at a higher percentage, (assuming the NSC means no compensation available and is overturned to service connected), would a service connection for this disease be counted for a higher percentage than 0%? And if so, could I back date the service connection start date if awarded somehow? In the opinion summary, the tinea versicolor was not mentioned in the likely's and unlikely's. Does that mean no rating? ---------------------------------------------------------------------------------------------------------------------------------------- Below are the favorable results... any idea on percentage awarded from the rater based on historical cases? 1. Pseudofolliculitis barbae-ANSWER: The Veteran has a diagnosis of pseudofolliculitis barbae that is at least as likely as not (50 percent or greater probability) incurred in or caused by service. 2. Deviation of the nasal septum-ANSWER: The Veteran has a diagnosis of traumatic deviation of the nasal septum, s/p nasal septal surgery for chronic nasal obstruction; and laceration of the nose that are at least as likely as not (50 percent or greater probability) caused by the injury to his nose on 16 March 2005, while in service. 3. Nose Scar- Does the Veteran have any other pertinent physical findings, complications,conditions, signs or symptoms (such as muscle or nerve damage) associated with any scar (regardless of location) or disfigurement of the head, face, or neck? Yes

Question about the rating and decision process on remands, and my apologies for any inconvenience trying to understand the remand process. When the remand is sent from the BVA to the RO with specific instructions, can the RO make a favorable decision and give a rating on a previously denied claim (remand) if they see fit upon review of the case and file?

Good day to you all, I have a few questions concerning the appeal process as it concerns the decision, BVA, RO, and claim date that hopefully you all can chime in to help clarify. 1. When the BVA letter indicates a "complete grant" for sought benefits, does that mean award the maximum rating allowed? or just award and process? 2. Story Line - In my case, the BVA stated in my letter a few remands (for nasal related issues) and a "complete grant" for sleep apnea (Received the letter 5 days ago). The letter indicated my claim was through a credible lay statement (which described my condition while in service), DBQ from the sleep specialist (who indicated my symptoms started while in service from a nasal injury), and a sleep apnea study performed by VA post service in 2009. The letter indicated consistency of my condition. My claim for sleep apnea was entered in 2013. My question is in regards to the effective date. 2a. What is meant by the date entitlement arose? The va.gov website states "an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later".. 2b. What is meant by whichever is later? For instance, if these two dates (2/4/2016 for the date Va receives the claim and 1/5/2014 for the date entitlement arose) are in question, which is meant by later... the 2016 date or the 2014 date? 3. If the lay is credible and is indicating the time the condition was first noticed, and the medical evidence through the years also backs up my claim as credible without being a secondary condition, is it possible for the entitlement date to be initialized by back to my date of separation? or would it be the date of the 2009 exam? or would it be when the claim was entered in 2013. 4. Do remands put you in a bad situation or is it for our advantage? As of now I am in Preparation for Decision for the granted condition and the remanded appeals are currently in the works which date back to 2008. I am just trying to get an idea of what to expect prior to a decision. Thank you for your responses in advance.

Hi Gastone. The BVA Video Hearing was rather straight forward. My request for a hearing was submitted in October of 2015 and about 3 to 4 months later I received a video conference court date to appear in April. We reviewed the claim along with my VSO present and spoke of my condition. I didn't know what to expect because of some of the stories I heard, but the judge was nice and seemed to understood my point of view as it pertained to the claim. It was about a 20 minute session to freely state your claim. I would recommend one if you have a claim to appeal. I decided not to jump ship on the VSO and stuck through it. I did receive the BVA letter from the remand over the weekend (6/25), but the online version is not yet available for me to copy it over. My sleep apnea claim was decided as a complete grant, and the rest were remanded for another exam... although I have to wait, I am somewhat glad since I wasn't completely denied. Since I just got the BVA letter, I am not sure where the process goes from there. I will have to search my timelines to provide the whole process later.

So I checked Ebenefits yesterday and the status of my appeal was changed from "Pending Dispatch" to "Remanded Appeal". The statement in Ebenefits says "Your appeal has been sent back for further development by the Board to the Appeals Management Center or to the office that made the original decision on your case." If you have any experience/knowledge at this stage of the process, would you mind sharing? Thanks in advance....

Hello good people. I was just curious to know how retro pay would work in this situation? Of course this is something that could happen to me since I have a pending appeal, but I thought it would be a good question for those in a similar situation. Scenario: Awarded 30% in 11/2008 Initial appeal is dated back to 6/2009 Appeal was not worked on for years. Awarded for new claims in 2011 & 2014 that increased my rating to 40% If my appeal is awarded 10%(or so) higher and retro-pay is dated back to the 2009 date, do any of you know how they calculate retro pay with periods of increased ratings? Thanks Jfizzle

Thanks for the responses. Yes my initial appeal (still pending) was submitted in 2009. I have since then filed 2 new claims that have finished. Every time I would ask about this claim prior to my video conference request in October 2014, they tell me they do not know why the claim is still resting in the initial phase. I would do this twice a year.... it wasn't until I moved to a new state that my new DAV rep suggested a video appeal to maybe speed up the process. I would like for the reps I am dealing with to be more proactive and informative as it relates to this delay for the initial review. I remember asking DAV about switching and they told me I would lose my retro date and to give the process time..... 3 years later, pretty much in the same boat.

I currently with the DAV as my claim representative and have an appeal that has been pending since 2009. Is it possible to transfer representatives (to a non DAV rep) without losing my appeal date. My claim according to ebenefits is still at claim received (1st stage).... in October, I requested for a video conference but the progress is still the same... 1st stage... any incite or advice, recommendations are welcomed.... thanks in advance.

The bone exposed is about the size of a dime on the lower right part of my jaw under where the 3rd molar would be (wisdom tooth area that was pulled years ago) and aligns where my tongue rests. I have not been given any antibiotics. I was just told to rinse with salt water often and if my jaw swells to come back. I don't want it to get infected and I have been taking vitamin c pills. I am to avoid acidic foods which seems to be all fruits.... I really don't see an improvement beyond my surgery day. I am currently seeking an oral surgeons second opinion.

I recently had surgery at the VA and during the anesthesia process a chunk of my gums were remove and my jaw bone became exposed due to the tube they put down your throat for breathing. The surgery was not an oral surgery required any removal of my gum tissue. This has happened 22 days ago and the gums have not healed. It is painful and I am restless. I went to the dental office and they said they haven't seen anything like this and that I may need to see an oral surgeon. I told my VA rep about it and she mentioned filing a 1151 claim. So I am asking Hadit for your take on the situation and thing you would do in my case. Thanks in advanced.

Thanks all for the warm welcoming. Meghp0405 - Thanks for you guidance. I will focus on the nasal, respiratory, and headache issues. I think that route would be best to tackle first. Bertha - Thanks for the confirmation. I recently moved to a state where the VA hospital is more accessible. Due to distance, time, traffic, and work restraints, I utilized more convenient facilities near my job/house for my health concerns. Here are a few questions... Is it better to have a VA doctor or your own? Will VA doctors assist you with providing a nexus letter and/or DBQ's if they find service connected ailments? Does a DBQ replace a nexus letter? Or is it necessary to have both? What is the best method to approach a doctor to write a nexus or fill out a DBQ?

Unfortunately I do not have any x-rays from that time...I only have the two visits to the ER concerning the injury....... At the time I was ignorant to the fact that I was able to get a second opinion or have a specialist look at my injury..... which also had me unaware of the long term effects of my injury at the time. The only facts I can gather is the ER reports and the current opinions of the sleep specialist and the ENT specialist I am currently seeing..... and the frequent visits to the doctors office from 2009 to present day about my various nasal problems......If I would have known better I would have done better to tackle my concerns.

Thanks... I edited my first post and provided more information with my situation.