jbasser

Sleep Apnea warrants a 50 percent evaluation when using a CPAP machine. With concurrent recipt, Your retirement and VA compensation (Tax Free) you would likely be better off to retire and get a claim going for the OSA. If they separate you then they will give you severance Pay but it offsets the VA comp and you have to wait longer. If the difference in retired pay fron 26 vs 29 years is not that great then I would avoid the MEB and take the money and run. OSA is just the start of your problems. Down the road there are other things associated with OSA. Thank you for your service. You enlisted around the same time I did. J

Is that a birthday. Could it be the day someone turns 65. SSDI is actually disability insurance. J

I see a message here. Think before you raise too much hell. I feel bad for Roberts. He is a victim of the old catch 22. Retaliation is real when it comes to these dealings. Lets keep an eye on this. Some day it may change. But it wont be soon.

If you have your records you can do this: Compile a list of BP readings Date where taken systolic diastolic Show all readings. Highlight or bold the predominant readings. This should assist in your increase. J

It is a DD form 1172. I have uploaded it here on the site for all P and T to enjoy. Also just call the 800 number and the folks at the RO will send you a letter stating that you qualify for commissary and exchange provledges. Painless. just take your award letter, that letter and dependants birth and marriage certificate. If you enlisted from Ky after 1978, you should be inth e computer system. My wife was there also. Just had to show the Kids info. J

§ 3.400 General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date [b]entitlement arose, whichever is the later. ]If you have a diagnosis or a diagnosing teest result that caused your claim to be awarded, Then date entitlement arose. Whichever is later. This may apply in your case. DID you receive an award for Fibro? Was it diagnosed in 2005? You filed the claim in 06? File a NOD on the effective date stating the VA failed to follow 38 cfr 3.400. Then state the criteria. That is what I would do. I have did it in the past and won on 3 different occasions. J

Mcaffe, you need to go to Internet Options page and check it. I believe your computer is set not to allow sites to open links. You can also use firefox. Just download it and start to use. J

The funds are actually appropriated in October at the start of the fiscal year. The Effective date will be December.

3 years to retire, A DRO review is actually not set in stone. You have sent in new evidence and they got a medical opinion, This opinion is very favorable as the Doc has sealed any loopholes. Look for a Decision as your claim should be reconsidered. After reading your post, I feel that is where it is. You may bever see a DRO. You should not have to. J

Yoggie, Those 2 little letters instills a certain amount of fear. Could it be that thet went looking through your record and found the original paperwork for the Other Vet? That could explain the sudden about face from waiting for a DRO review to actually someone physically rating the claim. I said you would never make it to the hearing. Reconsideration is your Key issue. If I were you I would expect a rating decision soon. J

You get a strong attorney and those pit bulls will turn into stuffed puppies. Once they see your not backing down you will prevail.

Mcaffe, are they aware you do not have an attorney? It seems that they do know this and that is why they are jerking you around. I bet an attorney can change things. You have rights. What they VA is doing is called retailation and that is supposed to be illegal. J

Go to the ER and tell them you are in Pain. The Er Doc should intervene. Go after hours as they may try to direct you your PCP. SB had it right on the nose. Kill them with Kindness but copy the procedure. J

Rich, I didnt think you would need a DRO review. The Reviewer often gets his hands on a record and reads it, I mean actually look at it. Given your previous denial information and the manner it was handled, I would say they are are rating your claim as you typed this one up. Expect a decision Soon. I also believe they were startled by the rapid fire NOD. You Know the other reason they are doing this. Like I said, Keep on aqueezing. You know where you got them. J

You have an IE problem. Your security settings are too tight. Go to www.va.gov. left side click on compensation and pension click on directices click on adjudication scroll down to special monthly compensation. For the computer problem, go to www.firefox.com and download it. Then boot IE and use firefox. That should cure the problem J

Speculation is a dangerous word.It can cast a doubt on a claim. It can be interpeted by the RO as a strong negative. The VARO asks the C@P Docs for a spacific opinion. using the word speculation is usually a cop out because the Doc is too insecure to render an opinion so he uses this word. In this case the examiner was a NP and not a DOC. It is just like this Mr Vereran has an issue that I guess is related to service, However I am only guessing about his condition as I am too insecure and afraid to offer a definate opinion. Be aware of this exam and get an IMO from a copetent MD asap. ) I state (MD) here. J

Great post Larry. Just take that paper to your nearest National Guard Armory or military base and they will issue you and your dependants an ID card for use onthe BASES. It is also good for recreational venues on the bases. Remember things you buy at the Exchanges are tax free. You will save A lot of money at the commissary, especially on meats as the plot to jack up meat prices due to e coli hype is in full swing. I saw another post about Veterans Vacation Club. This card also entitles you to that. Looks just like a military ID card 9 (Dependants issue)

Larry, what is it? You have our curiosity brewing.

Here is the link for SMC rating criteria. Copy and paste into your browser. http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1.4.2.66.142 J

Emotions do run wild when dealing with this stuff. You can be on cloud 9 and the next minute you have to dig just to look up. What you acomplished is no small task. Pat yourself on the back, take the Wife out and do something. When the retro hits, take a vacation. There is no greater feeling than this when it happens. Congrats. John

Most examiners use the Ef as a scale for Met's. However, in your case, with diagnosed LVH, your Met,s will not matter unless you go for a higher rating. You can have 7 met's and it is still 30 percent. The word OR in the regs is a mighty powerful word. Your C@P exam doc did not use the proper exam criteria for the Heart disease. Did they do a chest Xray to determine if you have cardiomegaly?. It amazes me how these docs rush through an exam. J

LVH is heart disease. Left Ventricle enlarged. I am Sc'd for it. It is a key to a 30 percent rating. They are also supposed to rate the Hypertension as separate. J

KB, the good thing about it is a 20 year retro may impose the 20 year protection rule. That means with 20 years of back pay, the rating cannot be reduced unless there is a proven cue. J

John, did you see the words apical hypokenesis? That is the term for thickening of the heart wall. Also look for Cardiac hypertrophy. ( Enlarged heart) HTN is a bad thing to have. hs VA examiner needs to do their Job. The Echo does not lie. Medical Evidence outweighs the VA Doc. Funny thing, The VA gave me a Nuclear Med stress test 3 weeks before I had a Heart cath and said I was fine. Hang in there and keep on punching. John