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David301

Seaman
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About David301

  • Rank
    E-2 Recruit

Previous Fields

  • Service Connected Disability
    70%
  • Branch of Service
    Navy
  1. Send DAV & Your VARO/DVA stating as of this date you are revoking POA with your SS#. Inform DVA to in letter to place a copy in your C-file. If you are going to not use another VSO state you are now pro se. US mail certified signature required return receipt. That's basically all you need to write.
  2. John, thanks already tried flat feet with civilian DPMs records denied. Working on pre-entry condition.. Only issues in USN Medical records are injuries above, toes/foot fungus denied & dry feet condition denied since 1994 active duty....NOD, appeals.....
  3. David301

    Intro....

    Carlie, thank you...
  4. David301

    Intro....

    Hi, just want to intro & say wow glad this site is here a lot of excellent information, advice & help. Thanks to everyone here... I need a lot DAV is giving me a lot of DRAMA. USN retired 28 years. I am having trouble with using this site though & my computer skills are ancient... LOL. The 2 post I have made has to get moderator approval, cannot access members list, or pm someone even though I did last night? Is this because I am a new bee.... Hope & pray everyone has a good day, David
  5. Hi, on pre-entry examination MEP I have hallux valgus defects. Podiatrist DPM diagnose since October 2012 & concurrent with other foot conditions SC Traumatic Morton's Neuroma 2 & 3 Metatarsal 10% & 10% painful scar right great(Big) toe from crush injury while on active duty from toe surgery putting them back together.. I also have right Achilles tendon rupture 10% tendonitis. C&P QTC exam both from c-file does not mention hallux valgus even though on 2nd C&P exam DVA had DPM medical records stating condition, I wrote on exam work sheet this & mentioned to DR only got shake of head no.... No medical treatment while on active duty. I am going to file on this. 38 U.S.C. 1111 if I understand this would apply & disability award for this would be date of retirement in my case. I know the DVA will fight me on this like everything else. David
  6. Hi good afternoon, Need some help here. Wow a hard time to post this SOC. Here is the issues: I filled July 08, 2010 unfortunately through DAV which I had to invoke 2 years ago. I received 0% rating Sept. 2012, filed NOD within 2 weeks, VA came back 0% April 2013 filled new & material evidence civilian dermatologist records May 2013 with other issues for disability. I have 70% with psoriasis 30% & 10% scaring & disfigurement. This should go back to date of file 7/08/10 or date of retirement 1/01/10 like other rating % I have... I had QTC DR exam 2/16/12 the cfile exam <5% for both total body are/Exposed area. No mention of dermatitis which I filed on 7/08/10 When I had the exam I believe VA/QTC did not have all my USN medical records especially 2000-2009. I had to send my USN dermatologists records 3 times to VARO & 1 time was through US Congressman. Which I think would have proved more than 20%. 2nd QTC/C&P exam different DR 1/06/14 completely different measuring tape tries to count plaques gives up too many scalp & face.. VA award letter Feb 10, 2014 30% & 10 scaring & disfigurement nothing changed was worse on 1st C&P exam...Both exams did take pictures of area's.... Broken service had 10% for right knee meniscus tear prior which VA stopped upon reentry to USN. I did not ask for increase & DRO review which is what leads now to VBA appeal May 21, 2014 now to get Form 9 done go to WDC... I also in same situation with another decision but have time.... I read lots of advice, help & success here... Thanks final posted... Need to add NOD filed again 2/13/14 on EED should be date of retirement or date of file. I will take either, I know if file within 1 year from separation goes to date of separation or retirement... Thanks, David DECISION: Entitlement to an effective date for the 30 percent increased evaluation for psoriasis is denied' TheeffectivedateofMayS,20l3remainsunchanged. REASONS AND BASES: You filed a claim for psoriasi s on 07 -21 -20 1 0 ' VAratingdecisiondated0s-23-2l:2grantedserviceconnectionforpsoriasisandassignedan evaluation of 0 percent effective 01-01t010, the date following separation from service' Youlrledatimelynoticeofdisagreementwiththisdecision.WeissuedyouaStatementofthe case (Soc) on o+_t+_2013 that continued the evaluation of psoriasis at 0 percent from 01-10- 2010. You did not complete and return the vA Form 9 to substantiate your appeal' you submitted a claim for an increased evaluation on 05-08-2013' VA rating decision dated 02- '3-z'l4increased the evaluation of psoriasis to 30 percent disabling effective 05-08-2013' the date you filed Your claim' you filed a timely notice of disagreement on 02-21-2014 and elected to participate in the Decision Review officer program. rtris decision is based on a "de novo" review of the evidence described. In your statement submitted with your notice of disagreement you reported that you believed your effective date for psoriasis at 30 percent should be from 01-01-2010' You had psoriasis that coveredupto40percentofyourbodyfromthetimethatyouwereintheserviceuntilpresent. you were granted a 0 percent evaluation and you filed a notice of disagreement in 09-2012' You were not satisfied with that decision and were told to leopen your claim' Your understanding was thatiftheclaimwasgranted,youreffectivedatewouldbe0l-01-20l0becausetheclaimwas never closed out' VETERANS Treatment records from Dr. Nguyen, ppM dated 02-rr-200g showed dermatological examination that revealed no lesions, sores or discoloration. The texture, tone, and turgor were norrnal' There was adequate digital hair growth' Records from Dr. Nguyen dated 03-31 -2009 showed your dermatological examination was unremarkable. The vA examination on 0i-26 -z'rzshowed a diagnosis of psoriasis- Treatment was with topical costicosteroids of ress than 6 weeks d"r;,i;;. itr" lnyri"ut elxamination revealed the total body area was less than 5;";;;"rra,n" whole body area was less than 5 percent' Treatment note tiom Dr. camar'ro dated 09-30-2013 stated that your psoriasis was stable' The documentea rn"Ol"utio"' *ttt topical prescriptions for dry skin' Records from Dermatology Specialists dated 10-0g-2012 showed Sebopsoriasis; psoriasiform plaques with micec."", .l""ftand aboJ io : p"'"t"t gS'A'ibodv surface area) distributed on the scalp, face, elbowr, ;; chest and on",rpoio" Lack;.soles with mild hyperkeratosis' Treatment on 02-25-2013 showed psoriasiform ptu'qt'"' with micaceous scale distributed on the scalp' face' elbows, and groin. A few small areas ;;;; "" the back. Treatment was with topical creams' Records from Hemet Dermatorogy aut"a t 2-27-2013 showed treatment for psoriasis on the elbows, scalp, post ear, penis, una .y"uio*1.-rn" diagnosis was PS 5 to 10%' Treatment was with toPical medication' Treatment note from Dr. vadmal and Dr. Taheri dated 06-2013 showed psoriasis on the elbows' chest, back, and penis' Treatment was with topical cream' TheVAexaminationon0l-06-zL|4revealedadiagnosisofpsoriasis.Theconditioncaused scarring described as visible lesions "; ,-""t" iu".,"urra chin. Treatment was with oral or topical medications in the past 12 months. T;;;i;il was with topical corticosteroids' The examiner reported the total bfdy area was 5 p"t"*' U* less than ZO p"t"""t' The total exposed area was 20 percent but less than 40 Percent' Entitlement to an earlier effective date prior to 05-0g-20r3 for the 30 percent evaluation is not warranted. The provisions of 3g cFR i.+oo (0) provide, ,'u,,'" effective date shall be the date of receipt or.rui- o, ih" du,. entitlement uror", whicnever i, tut"'' If the increase occurred within one year prior to ,ft"'i"" of claim, ,h";;;;;";e shali be the date the increase was factually ascertainable. If the increase o".,,.r.1 ut", irr" dat. of ciuim, the increase shall be the date of claim. The ava'able medical evidence fa'ed to show your disab'ity met the 30 percent evaluation criteria prior to the2014VA examiriiti"t. si"l" th":Y;;tt was showrafter the date you filed your claim, tr-r" .ii""iive date of 05-08-2013 was assigned' Although your claim had been Vt I TKANb continuouslr-prtrsecure; since 1.',ur raring in l01l. n'e sent )'ou a Statement of the Case (SOC) and based on De \or.. Revie*lthe evaluation of 0 percent was continued because the available medical evidence ar rhar rime t-ailed to shorv your disability met the 30 percent evaluation criteria. The earliest date that it rras t-actuall-v ascertainable that your disability met the 30 percent er,aluation criteria w.as the date of the VA examination on 01-06-2014 therefore the effective date of 05-08-2013 was assigned as the date you filed your claim' The 30 percent evaluation is assigned based on 20 to 40 percent ofthe exposed areas affected. Additional symptom(s) include: . At least 5 percent, but less than 20 pefcent, of the entire body affected . No more than topical therapy required during the past 12-month period A higher evaluation of 60 percent is not warranted unless there is: . More than 40 percent of the entire body affected; or, . More than 40 percent of the exposed areas of the body affected; or, . Constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period Note: Systemic Therapy must consist of corticosteroids or other immunosuppressive drugs Corticosteroids are anti-inflammatory drugs that are synthetic derivatives of the natural steroid, cortisol, which is produced by the adrenal glands. They are called "systemic" steroids if taken by mouth or given by injection u, oppor.d to topical corticosteroids, which are applied directly to the skin. Corticosteroids that are applied topically are not considered systemic for VA pulposes
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