chuck57thSig

ArNG11 - Fibromyalgia, from what I understand, is the diagnosis my VA rhuematologist gave after he had done all the blood, urine, bone density, etc. etc. tests he could come up with and excluded everything possible... last option... Fibromyalgia or chronic pain. Also at this point any "qualifying" (I believe that means "boots on the ground") Gulf War Vet who presents with the symptoms between August of '90 to a date yet to be determined has a presumptive for either Fibromyalgia or chronic pain. Basically Fibro has up to 18 "pain points", Chronic pain does not.

BTW - In the C&P done by the VA examiner, it contains the following exerpts: "This is a Gulf War exam. The veteran claims fibromyalgia, joint and muscle pain/spasms, IBS, ED and dizziness, see templates" and for each claimed issue templates the following section appears: "RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Does the veteran have dizziness and if so is it related to Gulf War environmental exposures? b. Indicate type of exam for which opinion has been requested: CNS/dizzy TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] "a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness." or "b. The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury, event or illness."

After my letter to "Bob", I received a call from a lady with the Nashville RO. She opened a claim for all the things I claimed back in 1994 including a back date request. I got multiple DBQ's for Fibromyalgia from my VA Rhuematologist, IBS from the Gastroenterologist the local VA clinic outsourced me to, etc. That claim was opened 11/06/14. April 30th 2015 it closed and I had been 0% for migraines - that was increased to 30%, I was awarded 40% for Fibromyalgia, 10% for bilateral tinnitus, and 10% for IBS. These along with my 70% PTSD put me at 90%. I called the lady at the Nashville RO and told her that I disagreed with the IBS - should be 30% and the migraines should be 50%. Nothing was back dated to 1994. She asked me to fill out a form and email it to her. She said "ok, let me see what I can do". 2 weeks later I'm at 100% with 70%-PTSD, 50% Migraines, 40% Fibromyalgia, 30% IBS, 10% Bilateral Tinnitus, and an extra $100 a month for ED secondary to Fibromyalgia for difficulty due to pain. Currently the lady from the RO is getting me a copy of my C-File to use in filing an actual NOD for back dating. I just need to find a lawyer to take the case. The thing is, when I sent the form back to her I said, "Ok (name), here is the form you asked for to do the increases and the back-dating." and I copied "Bob" on the email. Basicly... she had no choice but to proceed properly.

Ok, so they brought me from 70% for PTSD only, to 90% adding 40% for Fibromyalgia, 30% for migraines, 10% for IBS, and 10% for tinnitus. However nothing was back dated. So I sent another email to Bob. Then Teusday afternoon I got an email to the "Director of the Nashvile RO". She said "the Director of the Nashville Regional Office of the Veterans Benefit Administration (VBA), and I want to thank you for the opportunity to be of service to you, in gratitude for you serving our country. I have received your message, and I will do my best to give you a helpful response within the next few days. " Then email from the original Nashville RO lady asked me to submit a 526ez and 4138 for rationale. Now I'm waiting to see waiting to see what happens. Chuck.

I don't know about you guys, I figure you probably agree, but I find it sickening, disgusting, and disrepectful, that we have been conditioned (like starving dogs watching someone eat drooling everywhere) to "be patient" while waiting for deserved benefits...

Her's another from Carlie... She's like Bolt! Carlie is AWESOME!!! Borrowed from elsewhere. 10/20 Year Service Connection/Ratings Protection The 10 year mark for is for service connection. A condition that has been service connected for 10 years can not be severed unless fraud is involved. The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced. The 20 year mark protects ratings. Absent fraud, disability ratings can not be reduced after they have been going 20 years. See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period. Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027. If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years. Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters. "P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established.

Carlie explained it really well in this post...

Glad to hear this, Congratulations!

I'm new and learning, these are just my thoughts on limited experience and knowledge - Hopefully others with more knowledge and experience with post... Is this a "Re-open with MNE (New and Material Evidence)"? Anytime a claim is filed the Veteran's current ratings are open to review and subject to possible increase or reduction? If already being paid at 100%, is the purpose for filing for increase an attempt qualify for SMC (Special Monthly Compensation)? Might look at the ratings protections at 5, 10, and 20 years? These are just my initial thoughts as to what should be considered. There are probably other things to consider. If I got something wrong or mentioned something that would have no bearing on this situation, please forgive. Chuck

I saw on eBenefits they wanted volunteers to test the new App for smartphones on eBenefits. I sent in my request and was accepted. I now have the app on my phone. I have an Android (Samsung Galaxy Note 3). Does anyone else have the app? Any Questions? I'd like to run this thru it's paces, if you don't have the app I would be glad to answer any I can. Test things, and such...

Thanks for the reply and information. Chuck

rotanrorau; what did you file the claim for? This would determine the type of information they need. If you filed your claim for PTSD, they need you to respond with your stressors so they can verify the events. If you filed for an injury sustained from an IED, they need date and time, witnesses, any "buddy letters" available... etc. If you have a VSO, he/she should be able to help you with this information.

I have found that you can use the Blue Button to download either a PDF, which is hard to edit, or a text file which you can open in notepad or word if you have it. The text file is easy to edit and generally keeps it's formatting.

usaf1970, I guess you just took the red pill? Morpheus to Neo - This is your last chance. After this, there is no turning back. You take the blue pill -- the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill -- you stay in Wonderland and I show you how deep the rabbit hole goes.