jbasser

Iti s good to remember that BVA decisions are not treated as detrimental as CAVC decisions are. It may assist somewhat but it would take a CAVC ruling that mirrors a case to make it stick.

Cue is a collattarel attack on a Final Decision. Your case is similar to mine. I filed in 94 and got the same denial. ( no records) The records were found in 98 and I filed to reopen based on the records being new and material .Also denied. A C@P examiner showed me the records and I went to see the file. I filed a Cue claim based on the second denial. ( RO Did not even look at the records). If you received SC because the records were found, You can also ask for an EED based on Rin am-0015. Recipt of service department records. Under 3.400 in effective dates. I did the same last year. I am not done yet but I am close. I dont think the PVA knows what they are saying. You can cue a final decision. Call him back ans tell him he is full of crap. Where did he get his training?

Have you filed for SSDI? Your Back is a listing level impairment that should grant you SSDI if you have enough quarters paid in. 1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With: A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine); OR

Tamara, you should go, The SSA turns down 60 percent of all applicants. Of the ones who appeal, the approval rate is around 80 percent at the ALJ level. The biggest thing is the SSA can actually discriminate against younger people and get away with it. remember there are 5 steps. Step 1 are you working. No go to step 2. can you perform your past work. No go to step 3. Can you do heavy work, no go to step 4, light work, step 5 sedentary work? no. You are disabled. Also, look at your medical evidence and compare it to the Blue Book. (Impairment listings) If your illness matches oe exceeds a listing level impairment, Then you should not have to see the Judge. John

He does not need a diagnosis, Just show he has readings that are high on several occasions. His post service readings need to be above 160 systolic or 100 diastolic as it must be compensable. Next he needs a Doc to evaluate the evidence (Past and present) and state the onset of HTN started in service. Once it is connected, CAD, MI,and possibly renal failure can be service connected. He needs to act quick on this issue. JBasser

This is an interesting post. My wife works for the VA and her insurance gets billed for my care, Even SC treatment. Now most of you know that Vets rated at 10 percent or more do not pay copays except for meds and that ceases when you reach 50 percent and get moved to priority group 1. Go to the VA site and type in the search box (Who pays copays). The VA has the right to bill insurance companies for non SC conditions for all Veterans that have insurance. Now for SC conditions, the insurance industry should investigate this because I am willing to bet the VA has taken millions they should not have. I would like to see the slugfest between the VA and the Insurance companies. It is going to happen, only time will tell us when. JBasser

There is one way to have the actual mets measured.It is risky but here is how to get it done. Find an outside cardiologist amd get a second opinion. If you have a family history of MI, then you may be given a Heart Cath. The heart cath over rules any evidence in the file for it is an actual true measurement. Some folks cant do this because they have no insurance. J

A cue is a colattarel attack on a final decision. It must include the evidence that is already on file. If there is new evidence then it would be a reopened claim. You must show by process of law what exactly the cue consisted of and how the cue was incurred. Example: Vet files for Migraine headaches. claim denied due to records being unavailable. Then the records are received showing treatment and diagnosis in service. Filed claim to reopen using record as new and material evidence. RO denies stating no evidence is in the record. Now there is a cue for the ro failed to consider the evidence in the record which is new and material.

What were the Veterans Naval Rating and were they on a CArrier? If a Carrier, then flight deck ops can lead to hearing loss. If it is a regular ship, then firemen rating criteria should apply for shipboard noise. Most sailors earn Hearing loss from 1: Aviation, Deck department ( Gringing metal and paine with air hammers. Gunners mates on board big gunned ships. ( Gunfire) They may also need an IMO to have it nexused.

Thank you Carlie. I am not sure if 3.4 (q) comes into play as stated. Rin am015 took effect october of last year and the regs were changed, One way is the Hypertension was actually granted in November 06. Since it is after the VCAA and Rin am015 the regs still may come into play. But the old addage the VA uses are the facts as they were known at the time of the original decision takes prescendence. Again, thanks for the information.

I have paralyzed diaphragm from a neck injury. I have a moderate to severe restriction with pulmonary hypertension. . What is your diffusion capacity? and have you ever been diagnosed with pulmonary hypertension. Pulmonary hypertension associated with lung disease is a 100 percent rating regardless of the lung volumes. Restrictive Lung Disease 6840 Diaphragm paralysis or paresis. 6841 Spinal cord injury with respiratory insufficiency. 6842 Kyphoscoliosis, pectus excavatum, pectus carinatum. 6843 Traumatic chest wall defect, pneumothorax, hernia, etc. 6844 Post-surgical residual (lobectomy, pneumonectomy, etc.). 6845 Chronic pleural effusion or fibrosis. General Rating Formula for Restrictive Lung Disease (diagnostic codes 6840 through 6845): FEV–1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV–1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy 100 FEV–1 of 40- to 55-percent predicted, or; FEV–1/FVC of 40 to 55 percent, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit) 60 FEV–1 of 56- to 70-percent predicted, or; FEV–1/FVC of 56 to 70 percent, or; DLCO (SB) 56- to 65-percent predicted 30 FEV–1 of 71- to 80-percent predicted, or; FEV–1/FVC of 71 to 80 percent, or; DLCO (SB) 66

Actually the Cue was most likely made in the 2000 decision to deny the reopening. The records clearly stated Hypertension and the RO said the record was negative. This proves the RO did not even look at the record and when he did, he did not follow the correct procedure and denied the claim. From a Legal focus point a cue is an attack on a final decision. In order to prove CUE, You need the facts as they were known at the time of the decision and the decision itself to be flawed. In this case any reasonable mind can read the record and look at the denial. Macool, keep me informed when your fiasco gets straightened out. I ask the operators at the 800 number, Who is driving this runaway train wreck? J

Lets say a veteran files several claims in 1994. One was for Hypertension. He was scheduled for a C@P exam without service records. ( Were not found until 1998) At the Exam the Veteran was diagnosed with Hypertension. The record show several high blood pressure readings in service with compensable levels yet the claim was denied for lack of records. Also denied a reopen in 2000 stating service records were negative for any mention of hypertension. What would the effective date be: Where is the CUE in this? Reopen was successful in 2003 with that being the award date.

Good advice Bobby. James, go and look at the c file. They still will ask St Louis to send them the record. That is part of the system. Step 1 is claim received. Step 2 is request service records.

John, try this: The VARO works on claims by the month received. If you have a VSR you can ask them to find out what month and year they are working on. If they say May,or June, then you know it is going to be fairly quick. If they say February, March, then you know it is going to be longer. I use this as a tool when the month I filed gets closer and usually it works unless the claim is of a very complex nature and requires a lot of information.

Bupropion is the generic for Wellbutrin. The VA will only give out the generic. It is also used as a smoking cessetation drug. Depression can also be treated with Prozac which works better than Bupropion. The VA most likely will not adapt an extendeed release of any drug. Jbasser

Boats, If you have Cervical or Lumbar DGD/DJD and one is service connected, You need to have an MD state that the other spinal problems are related to your present condition. To nexus this, one would need to have a posture that favors the neck ( leaning to avoid pain) This can cause Back problems. Have an MD state exactly that for a secondary service connection. You can see some success stories by searching the BVA site decisions by typing cervical and secondary and lumbar or Lumbar and secondary and cercical. Hope this one helps. it is not impossible but you need to focus on an MD putting the puzzle together. Dr Bash is the man to do this for you. He is expensive, but he is good.

Awards at 25000 require 2 signatures.

Mustang, The Va has been denying my asbestos claim for years. (1994) I was actually an asbestos worker.( insulator Dont give up.

According to your mets, the Ef is 20 to 30 percent. Dont settle for anything less than 100 percent. Once you get your rating, you should have a doctor retire you.Then you can file for SSDI. 30 percent EF is a listing level impairment and you should be approved By SSD with no problems. Good Luck. You can also look at the CAD listings on schedule for rating disabilities. You can study the SSD at ww.ssa.gov/bluebook/adultlistings/cardiovascular.

SMC is a special monthly compensation based on loss of use. Itis controlled by an alphabet system such as SMC-K. You can look it up at the Va web site, Compensation rates.

You should pay no medicine copays. Ask for all meds to be reimbursed back to your award date.

I think it was Betrayed that had that claim.

I agree Bob, Volunteer within the limits of your disability. If a Veteran is 100% schedular and not IU, The Veteran may be able to work. However if a Veteran draws SSD I would not attempt to. Now if A Veteran draws SSDI and turns 65 I believe all bets are off and the Vet can earn some money because the SSDI converts to regular social security.

In order to answer your question, I neeed to know the reasoning used in the first denial. A cue is an attack on a final decision. Examples of cue are well posted on the VA web site under BVA Search decisions. One spacific case involved hypertension in service. The Veteran had 7 or 8 high blood pressure readings in service and several during the year he separated. He files a claim and gets denied. The denial letter stated that the service records did not contain any evidence of hypertension. The Vet does not appeal and a year later the claim becomes final. Some time later ( Years) the Vet gets his hands on the service record and finds the blood pressure readings. He files the claim based on the readings and is awarded a C@P and receives a 10 percent SC for hypertension. He filed a cue claim based on the fact that the RO did not consider the evidence in the service record at the time of the original decision. That is a Cue because if the denial is reviewed, The outcome would have changed.