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BlastDaddy
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Posts posted by BlastDaddy
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Berta and Slowlane
I received my results from my claim the other day and was denied compensation on my right shoulder. This was the second time I was denied the compensation for the shoulder. They moved my claim so fast and had the decision made before they received the information they requested. They gave me the deadline of May 1 2014 to have all new evidence submitted and ebenefits shows they received it on April 25 2014.
The evidence I submitted was I had a third degree AC cup separation twice once with a broken clavicle and had physical therapy also submitted an injury from carrying two ruck sacks during a field exercise. All injuries within my last two years of service.
Then I submitted VA treatment records for problems with my shoulder as well as physical therapy.
This shows they made a decision received the paperwork and ignored it and processed what they wanted to process. They failed to do their job and provide me a fair evaluation. Instead I will be forced to appeal.
Problem is my health is diminishing and I might not last out any appeal. So overall the VA will win.
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Should I just cancel my appeal and file it as a new claim to get it finished faster?
I am looking for an adjustment for my PTSD. I nor my doctor felt they rated me correctly at 50%. She felt it should have been 70-100.
Since the appeal has been in I have been hospitalized with two suicide attempts and under family supervision with medications for hallucinations.
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They medicate you instead of treat you. If you have problems instead of finding what the problems are from they immediately provide medication for the symptoms.
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Has anyone ever filed a claim for weight loss without etiology? I have been going through lots of medical issues for the past several years. but as of late I have been loosing weight and the doctors can not explain why. I was weighing 179 and now I go back and fourth from 135 to 145. I lost the weight in about three months and have not been able to be able to gain it back in the past year.
I complained to my doctor about a year ago when the problem started and the first thing she said was quote "You have PTSD and Major Depression are you taking your medications". I got mad and requested a new doctor at the VA. The first thing he did was look and see I complained about blood in my stool and ordered a colonoscopy. The results were a little abnormal with a few extra pileups but not uncommon at my age of 50. He also did a Major blood work up on me with nothing showing up. I was recommended to a dietitian at that point. His conclusion was weight loss without etiology.
I'm not a large man. I'm only 5'8 and at 135 to 145 I am weak and look as if I have cancer or something. Any thoughts on what's going on or anyone else gone through this?
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My claim did the same thing. From gathering evidence to complete in 1 month. I ended up half way satisfied. I was awarded a 40% and a 10% rating and four 0% ratings.
Update;
The evidence I submitted was overlooked. Never reviewed so now I will have to appeal the shoulder.
Uuugh.. Case proven VA wins again
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Fibromyalgia claim was approved at 40%
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Well, I was granted;
40% for Fibromyalgia. (Luckily I had two rheumatologist diagnosis)
10% for Tinnitus
0% for hearing loss although the last three exams shows hearing loss. But I guess it is not significant enough for them.
0% for R shoulder injury (although I had three AC cup separations and physical therapy in a two year period while on AD)
0% for Essential tremors of R hand and arm.
Next step is start a new post so Berta can help me. I will be uploading the results.
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UPDATE: Claim Closed for Compensation.
I did look on ebenefits and seen the claim closed today for compensation.
Also while on ebenefits I went to My Personal Dashboard then under the first column I went to Benefits Explorer and seen my rating went up by 20%. That means something was rated at 40% or a combination of ratings bringing it to 40%.
So something was awarded and something was denied. Update to come.
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Percy,
Yes take everything with you. Also if you have any "ANY" supporting statements that is the time to bring them. I took mine with me and after the Dr. read them she was more understanding and I feel she leaned more in her recommendations to a higher degree without any doubt. The letters emphasized the effect the PTSD was having on my daily life as well as my families.
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Ha Ha Ha Ha... on me. What a game they play. Now the claim moved backwards from final notification to pending decision. Jokes is on me. They stated "We determined your claim needed additional review". Oh what games they play.
I'm pessimistic on the rating of the VA. Seems to me they are rushing through the claims just to have numbers and eventually you have to submit for an appeal. This claim should be cut and dry. All required documentation was provided.
My opinion is the final notification was a denial and the reviewing party simply said No. Relook this.
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Moved again to Preparation for Notification. Moved the whole claim in little over a month. Now why can't they do this all the time.
Chuck,
I hope they don't think it is a request for increase. None of the new claim has to do with my original claim that is under appeal.
I'll keep everyone posted.
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Thanks, I did file a NOD but have not received a statement of case.
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Slowlane
No I have not. BTW What are they?
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Is their a way to track where my VA Appeal stands?
If so how?
When I talk to my service Rep he always has the same answer. Still Pending.
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Well it moved again. Now my claim is Pending Decision approval. WOW. This claim sat still with no movement. I started it Nov 12, 2103. I expected it to take a while. Then all a sudden in April it jumped to Gathering evidence and now May it is on the last stage Pending decision approval. Man I hope this is for the best and not just another VA way of saying they are active and helping Veterans.
I will keep you posted on the decision.
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I am not sure if you can, but did you serve in the Gulf War or anywhere in SWA? If so you should reconsider your CFS diagnosis as a presumptive illness that was caused by or due to the results of service in the gulf war.
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Thanks everyone.
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Thank you,
I am looking more at the spouse and children benefits as well as survivor benefits for the dependents.
I have Googled it and get mixed information.
Also this may be a different post. But what if I pass away while waiting for a decision on my current claim and appeal.
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Does anyone know the benefit difference between TDIU vs. Schedular?
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justrluk,
Waco, TX services mine and the other guys that jumped the review process.
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Can anyone tell me what just happened?
I looked at my claim on ebenefits today and it latterly changed in front of my eyes. It went from Gathering Evidence to Preparing a Decision. Skipping review of evidence.
I called my friend who was at the same point of gathering evidence. He told me his did the same thing. Several of my friends claims did the same thing.
I called my DAV rep and he said they were almost finished with it. I asked how that could be. Just last week he said it would be a while go ahead and schedule an appointment for an IMO.
This leads me to believe something is going on and I don't feel we are getting a fair review.
Is anyone else in this situation?
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Thanks Pete and Berta,
I read the e-CFR, it seems they write this referencing back and fourth to confuse you and to be able to use it against you.
After reading it I got angry. It seems the Nurse Practitioner also read it. I looked back at the C&P and it actually reads as follows.
1. Diagnosis
Does the Veteran now have or has he/she ever been diagnosed with fibromyalgia?
x Yes
ICD code: 729.1 (was not incurred during active military service per Medical Record Review).
This is the exact verbiage used by the CFR stating Compensation "shall not" be paid for a chronic disability:
(7)(I) If there is affirmative evidence that the disability (was not incurred during active military service).
I think they are trained on what to write so the review board can deny any compensation.
Man this really drains me. I shouldn't have waited so long to file any claims. It's just for the last several years I've been too unstable to make sense of anything or make rational decisions.
Thanks Pete, being new to this claim stuff drives me crazy.
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I have scheduled an appointment with the same rheumatologist in Round Rock so she can review all my records and write an IMO. It is in July.
But my military records only show muscle and joint pains once, but listed on my physical when I was exiting the service. On the physical they annotated muscle and joint pains, headaches, Fatigue and sleep disturbance.
As a senior NCO I just didn't go to sick call much. My fault.
Also I am not sure they will connect the dots for SWA because I submitted it as fibromyalgia. I didn't state anything else.
Should I write a letter stating caused by or due to the results of service in the gulf war?
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I'm worried because of the statement the Nurse Practitioner put on the C&P.
5. Does Veteran have a current diagnosis of Fibromyalgia. YES.
"Not Active Military Service Connected - concluded by review of active service records".
When they write something like that I feel she has already made the case for them.
I may be wrong but not feeling good about this.
Weight Loss Without Etiology?
in Gulf War Illness
Posted
Pete53,
I have had upper and lower GI's from the VA and exams from Scott & White Hospital but no doctor can figure this out. I wish I knew what it was. I told both hospitals and sets of doctors I'm always tired even when I get up. I don't sleep well and hardly ever more than a few hours at a time.
They always say its PTSD, Major Depressive Disorder, or Fibromyalgia. Always the same thing.
Thanks.