jbasser

You can give it to her. If it is in the record Dr Mueller should see it , But I know that c files and medical records contain massive pages of info. Let the Doc see it and tell the Doc this is in the file. That will only strenghten your situation. Keep us posted. J

John, the cardiologist can review the report. ALso ask for a hard copy on disk. Be prepared for the Heart Cath question. It has some risk but i believe it iw worth it for a correct diagnosis. All other tests are just educated guesses and evertones body is different. J

Was that IMO mentioned on the claim evidence anywhere? It seems to me that they have missguided the idea that you quit working to work at home. If they did not consider the IMO from Dr C. Then you should be able to unload the boat on them. Remember that by law the VA is required to evaluate all of the evidence. This is VA 101. § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. Take Dr Crowleys report, make a copy and attach a copy of this reg. Send it in and ask they why they did not consider this Docs opinion when deternining your IU. Ask for an immediate IU rating based on this Dr's opinion. Dont let up. Keep the pressure on them. J

Ths key that I see here Betty is the statementhat you quit public employment in favor of working at home. How did they arrive at this scenario. Is it just something hte rater threw in there from the top of his head. Is there any evidence you did in fact do this. If you did not tell them this and they are making it up, ( Happens a lot with the raters) you should be able to question where this statement came from. I know from experience that the VA hires adjudicators who are well versed in the aspect of skilled writing. I konw how you can most likely prove that you were unemployable. You need another IMO. Yhis time it must come inthe form of a Doctor who specializes in Occupational issues. This Doctor should create a timeline by reviewing your med recs and give you a time frame you were too disabled to work. John

Jay,Youmay want to get rid of the Balfocen. I tried it and it is a Joke. Ask them to put you on Zanaflex. The VA does supply it but it statesmust fail balcofen. J

John, take a copy of that echo to an outside cardiologist. This doc can interpet it correctly and give you the scoop. The VA would never give me a heart cath or even a heart exam but I did go outside. They used the Private Docs cath report and the C and P examiner went with the doc word for word.

The cervical Lordisos is the spines natural curvature. If it is straightened then it can cause problems. You have Degenerative Arthrtis fron c2 to t1. That is the following: C2,3,4,5,6,7,t1. "There is foraminal encroachment & stenosis on the right from C3 to C6 & on the left from C4 to T1." This means the Neural Foramen is being invaded and the stenosis means it is narrowed. This is your biggest concern. keep aware of any weakness, tingling, shock like sensations, neck pain, muscle spasms. I would also be concerned about the levels c2 and c3 and c4. These nerves control the Heart, Diaphragm. Do not monkey around with these areas. If they need repaired, get it done. This study has not changed much according to the radiologist who reviewed it. J

Do you take Nitrates for Chest Pain? Isosorbide mononitrate or Nito? What did they say your Ejection Fraction is? Met Level? John, I hate to say it but you need the following tests done. Heart Echo The Dreaded Cardiac Catherization. These tests outweigh any test or opinion given. The Cath is the MAC Daddy as it is someone actually looking inside your arterys. They measure everything and the test overrides any other tests. I was worried about having mind done but the VA tried to say my heart was Normal. The Cath proved them wrong. Arteriosclerotic heart diseaed or CAD.

A cue is a collattarel attack on a (FINAL) decision. The cue must be so relevant that reasonable minds would not defer and that the outcome would totally change the previous determination. You have to show them what their error was and where they erred. How evidence is weighed is not grounds for CUE according to the VA. Some examples of possible cues are: Improper application of the rating schedule, Not considering evidence in the record, (This one gets them for there are cases where they ignore medical records or say they dont exist until you show up at the DRO or BVA and show it to them from your C file copy.) Not awarding a separate percentage for Hypertension with associated heart disease is a new one folks are going after. Good Luck J

Big svreen TVS and computers keep getting cheaper because the darn things are assembled in Mexico, Korea, China and the philippines. To assess that based on the cost of consumable electronics, it is absurd. J

Try looking for a library near the base you were stationed. They may have some Newspaper reports about the issues at the Bases. It is a long shot but if you find something it cant be disputed if it public record.

This is often an attempt to disheartent he Veteran who is activly seeking benefits in the form of compensation. Thatis why we get Frivilous denials and absurd requests to send in evidence already sent. This will never be admitted but the mass hysteria and confusuion did not just happen. Someone designed this mess to be exactly like it is today. if it were done correctly and according to the regulations set by congress, Then the system would be like clockwork instead of the tremendous fiasco we are faced with today. The System does work in its present state of Chaos, but it purposly allows time to pass by as the Vet sits waiting. The BVA has the power to overturn a RO decision and force them to issue a favorable decision but they too being employees of the VA, issue remands back to the RO thus adding additional time to an aloready exhausted claim process.

Allan, you hit the nail on the head. Talking about putting it into perspective. It is sad though. For a veteran to win his or her claim they have to fully develop the evidence. I will go one step further. The ones that Know the regs ans their conditions asctually self adjudicate their claims too. J

Congratulaltions. P @ T is not out of reach. It can be done. J

Actually the answer is no. In order to have a spouse qualify she must file a SF-15 with the job application. This means the Veteran is not able to qualify for any government employment because of a service connected disability. If a Veteran is 100 ;percent P and T then it is a yes. The Vet has to let he spouse attach an award letter with the application and the Hr department at the VA will use OPM giudelines to decide.

Get the results and the report from your sleep study. Call a local SSD attorney ans ask them who they use for IME or independent medical evaluations for sleep apnea. See if you can make an appointment and have them write the IMO and examine you. They can put it together and give you an onset. Your looking at 3 months. One question I have for you, what is your CPAP pressure setting? J

I think we are trying too hard. This one should be clear cut. The VA is wrong It is not when you are Diagnosed, it is when you had the onset of the condiition. I would write a NOD to the RO and tell them they are in fact wrong and you disagree with the decision based on the information I posted below. This vet can get the VA to listen to reason. Get a Sleep Doctors opinion or even a tech can help to explain the process. Have a DOc opt that your onset was in service and was not treated. Joey all you need to do is have a Doctor break down the Sleep study report and explain that the technical aspects of the report as to the time frame it takes to reach the current sleep OSA status. Sleep Apnea does not have a sudden onset and that can be used to bust the VA,s Denial wide open. You dont wake up one day with it. Some folks never catch it and one day they dont wake up at all. Sudden death from Pulmonary hypertension or an arrythmia.

There is a stipulation that a cardiac exam or diagnosis of a cardiac issue must be made by a board certified cardiologist. That automatically diaqualifies any NP from this issue. The BVA will kick this one back when it gets there. I will look it up and post it for you when I find it. J

Terry left hadit last year after having a disagreement with another member. Vike 17. I would like to see him back as he was a wealth of information. Carlie, do you keep in touch with terry? J

Yoggie, there may hust be a chance that that Hospital emergency room has a separate record for your visit that night and they are keeping it in storage. It may be worth a shot to give them a call. J

Independant contractors are self employed. I think they treat that a little different. You can keep a personal Journal of your working schedule and state the last day you worked and state your conditions caused you to stop working on a certain date. If you can remember dates you can still back fill one out if you can remember. That is one avenue to look at. You basically fired yourself. J

If you have AO DMII or are SC for Hyoertensio, Then cad can be SC'd as secondary. I wrote CAD because it is a whole lot easier than saying arterisclerlosis. J

They are counting it. According to VA math 70 +50+20+10 adds up to 89.2 percent or rounded up to 90 percent schedular. The IU pays a 100 percent rate. J

You can get Life insurance at 10 percent. And your SC disabilities are not counted against you. You should have received pamphlet with your decision letters in the past. If you are 10 percent you may be able to get a waiver of premium. You have to be within 2 years of a new decision to get it. J

Other areas to consider if you are working for a company is if they have offered either longor short term disability. These policies usually last for 2 years.