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Senior Chief Petty Officer
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Fat last won the day on July 21 2015

Fat had the most liked content!

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About Fat

  • Rank
    E-8 Senior Chief Petty Officer

Profile Information

  • Location
    Ocean City, Maryland
  • Interests
    Washington Redskin Fan

Previous Fields

  • Service Connected Disability

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  1. Congrats...........
  2. JKWilliams don't give up. Sometimes people take the path of least resistance and don't apply 100% diligence in examining evidence. Now you have to make a decision. Give it another try at the regional level or send it to the BVA. If all the information is present, maybe another crack at the local level, but specifically spell out each piece of evidence as it relates to the Caluza standard. 1. All pieces of military paperwork related to claimed issue. 2. All current paperwork diagnosing current injury/sickness. Include treatment notes if applicable. 3. All correspondence from doctor stating rational of causation between military issue and current diagnosis. If you got what you need, you will succeed . NEVER GIVE UP...........
  3. Folks, in my time on Hadit and filing my VA claims, I have come to one conclusion. What can go wrong, will go wrong and make sure you cover all three steps of the Caluza standard. 1. In service injury or sickness. a. The incident has to rise to a legal standard that something definitely occurred and is directly related to the claimed. An example would be ankle pain leading to bone spurs or lower back pain leading to disc herniation. 2. Current diagnosis of a injury or sickness by verifiable means. This is most important because the statement of injury and verification is unrefuttable. Furthermore it completes the second part of the Caluza standard. Current diagnosis of injury or sickness. a. X-Ray b. MRI c. CT Scan d. Nerve conduction test 3. Continuity of treatment or Nexus stating said causation between incident and current injury/sickness. Many doctors are hesitant to become involved. They simply don't want to be bothered or don't properly understand what's being asked. You are asking for a medical opinion on inservice incident and current diagnosis. Only a 50% opinion, at least likely than not, the two are related and to state medically the causation between the two. The doctor should have all notes, military/civilian, at his side so he can review and make a honest medical assessement. a. Continuity of treatment relates to the chronicity factor. Continuous treatment is symbolic of possible a chronic disorder which would make the issue service connected. This my opinion and no opinion is 100 percent. However, evidence is king.................. NEVER GIVE UP.............
  4. My two cents. I am confused about the casual relationship between PTSD and SA. However I'm not a doctor and I have seen secondary service connection approved previously. I would ask the doctor to amend the NEXUS statement and give a medical explanation of PTSD and how it aggravates or causes SA. You have a service connected PTSD and a current diagnosis of SA. The medical explanation is all that needed. Get the medical narrative and go directly to the BVA. ...........
  5. I never have; however I have met vets whom have. The BVA looks at all records of evidence. However the primary standard is the CALUZA standard. If all the elements are met, you should stand a reasonable chance of approval. ............
  6. Congrats BellRungBoxer....... Did you attend a C&P exam or was the decision based off the evidence of record? NEVER GIVE UP............ Great job.
  7. Ok Chris Barnes, I will take a stab and hopefully this helps. You seem to satisfy the first criteria of a service injury or sickness. Next, you need a certified diagnosis of a current back issue. This needs to be confirmed through x-ray, MRI, or nerve conduction test. The therapy helps with treatment evidence; however you need a diagnosed injury to satisfy chronicity or worsening of condition since leaving military. I would visit a orthopedic back specialist and bring all your military and physical notes. If they can confirm a injury (herniation, nerve impingement, degenerative joint disease as evidenced, etc), then ask them to opinion if the initial military injury has a relation with the current diagnosis. If you can secure all three levels of the evidence, then submit appeal to the BVA. 1. In service injury or sickness 2. Current diagnosis. Preferably by a specialist. 3. Nexus- statement of medical rationale of causation between military illness/injury and current diagnosis.
  8. Just my two cents............ 1. A sleep study confirming sleep apnea. Preferably at a sleep center or the VA. 2. statement from sleep apnea doctor confirming sleep apnea and the medical necessity of a CPAP for treatment. 3. Nexus statement detailing how PTSD causes or aggravates sleep apnea. If it's based on aggravation, he needs to state the pre level of disability (sleep apnea) before PTSD aggravated it to the current state. 4. IMO (specialist in sleep disorders or functions of the respiratory system, ie ENT, pulmonologist, certified respiratory therapist, etc ) stating the same as #3. 5. Gather information and file appeal to BVA. NEVER GIVE UP.............
  9. Of course its a good sign; however the doctor isn't a rater. Wait for the envelope and get a copy of the C&P exam notes. Maybe the doctor sheds extra light on further disability residuals.
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