jbasser

Keep us posted. Especially ont he effective dates of the Claim ont he lost records. Yhe Ed should be the original date. J

Jim, Have you been diagnosed with Pulmonary Hypertension. It is rare but it is associated with OSA and another Lung issue like Chronic Bronchitis. SHane, do you know where I am headed with this line? J

Check into Filing a Writ of Mandamus to get them to decide the appeal and the CUE.

Sleep apnea causes hypertension that in turn causes causes tension headaches. If you have OSA, you most likely have hypertension. How long have you had sleep apnea and how long did it go untreated. Does your pulse race? Do you get short of breath? Do you sewat( A lot) with light activity? J

Jim, If you dont mind, What are you SC'd for. I know your Back. J

Berta, this claim tends to mirror Ricky's. The Vet is lowball rates when he can prove he should have a higher rating. J

A request for reconsideration goes back to the VARO as a request to reopen. A rater is assigned to the claim. It would be wise if you are within the time limits to file a Formal NOD and state the current percentage and criteria. Then state the actual condition and criteria. Pertaining to a request for reconsideration. (This is extremely important as all members should read this information).This can cost a Vet 1 year or more if he / she does not file a NOD. This is the M21 procedure that covers request for reconsideration and all should note that the VA views any correspondance that requests reconsideration as a claim to reopen. M21-1MR, Part III, Subpart ii, Chapter 2, Section E. I would most certainly issue a NOD if within 1 year of the award. It if is final and the rating criteria is clear, Then there may be a CUE involved for not using the proper rating criteria for your condition. J

Ron, at least you did not get this answer. Duh, Which Way doo we go?????? I have always said they go by dates of claims as they are instructed to do claims by date. This allows them to take full advantage of the time alotted to process claims, and cost the Vet time. Even if the claim is a slam dunk and can be processed quickly. Then when they get into the flurry at the end of the dates period, They process a bunch of claims in a hurrid manner thus creating some of these rediculous denials we often see.

Dependency and Indemnity Compensation (DIC) www.va.gov (survivor benefits under benefits section) What Is DIC? DIC is a monthly benefit paid to eligible survivors of a • military service member who died while on active duty, OR • veteran whose death resulted from a service-related injury or disease, OR • veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling- for at least 10 years immediately before death, OR - since the veteran’s release from active duty and for at least five years immediately preceding death, OR - for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

Great Job. Your persistance paid off. I remember your claims when you were writing the Cues. John

Hypertension ratings. Honestly, without this criteria being met, A vet has no chance of comp ulless this is met. Systolic/Diastoilic For a 10 percent rating the systolic must be 160, Diastolic must be 100. For a 20 percent rating the systolic must be 200, Diastolic must be 110. For a 40 Diastolic must be 120. For a 60 Diastolic must be 130. The higher readings must be predominant. That means you have several readings, the majority have to be at or above the comp level. 160/100. Even at 0 percent, you can still check into heart disease a secondary to HTN. J

WOW. Next time they act like that ask them this question. When is your next Jhaco inspection scheduled and can you speak to the Inspection team. It does not matter what VA your at, Jhaco always causes VA's to beoome extremely nervous. J

Ruby, if it is all possible, get an IMO from an outside doctor. Take all records, xrays, ect. As far as the EMG, you can request one and it should help. An oesphyte is a bone spurr. You should go ahead and file now for the claims. You have up to a year to submit evidence. I dont really see a problem with you getting increased. John

That is a very good article. The worst side effect of lung disease and OSA is the development of Pulmonary Hypertension can be deadly. That is why it warrants a separate 100 percent ratig. On a sad side, This condition kills a lot of people who dont even know they have it. J

Im glad you got your glasses Pete. The VA keeps telling me to select the one in the middle when I need to. J

It could be done. You need a Doc to write a Nexus. J

This is tragic. We dont know how people are going to cope with the effects of receiving a letter like this. I still would like to see an investigation done to dfetermine if he really owed the money or was it a mistake by someone? Sad. J

Sgt Majik, It would be wise to go ahead and file for the increase of the Cervical Spine. Ask for the increase and also ask for secondary SC for the nerves in the arms. Your 10 percent is either for IVDS or Traumatic Arthritis. Being 140 percent SC for the Cervical spine I can tell you this. You will again be tested on ROM at your C and P exam. They will most likely give you an EMG and NCS. This is Painful but it needs to be done to show two things. 1: The speed that signaal travels from the neck to the effected muscle groups. 2: The condition of the Meylin of the effected nerves. Bob has queestioned wether or not you have had a meylogram. This is a good procedure but it is dangerous as they stick a needle in your spine, Inject contrasst. This is done on a rotating table and they rotate your head down and then take a live Xray (Fluroscope). This is often a last resort procedure. Also be advised that the regs under both IVDS and Cervical Arthritis that effected nerve groups will be rated separately. The nerves that are most likely effected are median, ulnar. The true signs of this condition is called atrophy, where the muscles waste away, even with use. Rentalguy1 posted a spine repositiry on the site and it was an excellent piece of work. Anyhow, Myself, Rental, and Bob can help you. Just shoot us an email or PM. On another note, It would be wise for the Elders and Mods here to study the M21. John

In the future it would be a good idea to read the entire topic before we come in late on a topic and start to post. We would have seen that the original poster was already Service connected at 50 percent for his Neck and Back issues. He was just asking for advise on wether or not he should seek an increase. According to his issues, The answer is Definatly yes. His issues warrant an increase according to the regs. Also the cfr also states that if a claim is filed, all issues must be looked at before rendering the first decision. That means is this Vet has a documented Pain disorder, Then it may have been looked at. Thses are not actually claimed disabilities, But are in fact listed in the Claims folder as Inferred claims. We would all be suprised to see what the VA has inferred about us all. Not that being said, lets keep on track and if we see something we dont like lets keep it off of the board. Remember what we are here for. To take care of our fellow Vet brothers and sisters during a very stressful time of our lives. ALso remember that we are not in any means experts and that we are also human. John

It is a shame he has to file for it. It should be presumptive. I have a couple of AO Tialand Vets who keep getting shafted. Great Job Kurt.

CG, It is kind of like the VA assking for a copy of the old DD214. If a person has a BCD (Big Chicken Dinner) or a Dishonorable discharge, the buck stops there. With SSA they look and see if you are working. If a person is, then the buck stops there. They know your earnings history and you have to tell themt he last day you worked. In many cases, That will be your Effective date. There are some rules that cover working and earnings that a disabled person can earn. J

2.8 percent. Lets see gas prices last year were 3.00 per gallon. Milk was 2.49, Hamburger was 1.99. Now the has is 380, milk is 329, and hamburger is 299. Gas has went up 26 percent, milk has went up 32 percent, hamburger has increased 50 percent. WOW. I believe the CPI is a little out of tune or I have a definition. Consumer price insult. Now for folks who also have SSDI. They will follow suit and raise the Medicare premiums so the that the folks would get zero. This has the same effect as a VACCUM cleaner. J

note: you will file the CUE as you do all claims - through your regional office. If you send it off to the BVA they will send it to the RO as the RO has the first whack at it. You have to file a cue to the area that made it. If the BVA made the CUE you word the claim like this. Wether the BVA committed Vue in a decision. The RO is instructed to forward the cue to the BVA since they have no jusrisdiction. Once it is reversed, then the claim should go to the AMC. Or back to the RO.

If you sare claiming your neck, Then you dont need bed rest.. you need to file for Raduculpathy to the arms.