Wayne TX

Q1 - Is it better to just file a NOD when VA tries to low ball iron-clad evidence that meets the full criteria/regs. for a higher disability increase? Q2 - When filing NOD is it true nothing begins until you receive a Statement from VA first as to their reasons for denial in order to respond back? Q3 - How long is the average time to be granted a DRO Hearing once NOD's is filed? Thanks for any advice.

Just checked eBenefits and my claim reached Pending Decision Approval late this afternoon (Tuesday). I assume that means it will be decided in the next 24-48 hours? How soon does it usually take to reach Complete under normal conditions? Where is the best place to find movement on eBenefits once it shows a Completed status? One more question, I have another claim submitted a few weeks later than this one, but all said there under status is ACTIVE.....nothing more. It has been in that same mode since March. It never showed up as even Step One: Claim Received....just ACTIVE.....what does that mean??? Thanks for any info help.

I'm learning.....big curve involved.

Thanks Buck......appreciate ya brother! I'm trying to learn more so I can hopefully join you and others here helping Veterans with their Q's. Hadit is an invaluable service for Vets who can not afford legal representation or get decent direction from inept VSO's to at least have a fighting chance with some advice through trial and error.

I enlarged the text.....any better?

Just curious if anyone has asked for and got a rating increase and how long that actually took A to Z time-wise? I would think a well documented Increase meeting criteria guidelines fully would move faster than even a FDC claim? But never had an increase claim come up until now. Is an increase treated separately if you also submitted a new claim along with it at the same filing time? Does filing together hold either back until both are decided, or does an increase move at a faster clip than a new claim done at its own pace? Thanks in advance for any answers.

I was wondering if a NOD claim goes back to the same rater who denied the initial claim or does it go to a completely different Rater unknown to the initial Rater? How does this actually work within the system when you file a NOD? Do you file it with all the new evidence right then attached or is it best to wait on sending New Evidence until after Statement of Claim (SOC) is received to counter it better? What is the SOC all about and any different than the decision denial reasons????? Working on it this weekend to file with Rep on Monday so would appreciate a quick reply. Thanks for any help out there.

Can a civilian MD fill out a VA DBQ form and submit to VA..........or is a VA DBQ form strictly for VA Doctors only to submit? Also, how hard is it to get a VA MD to agree to do a DBQ if approached?

Would like some opinions.......I have sleep apnea and restless legs....two sleep studies done at VAMC.......been on a CPAP since early December.......I am already SC for both allergic rhinitis w/Polyps and Sinus......would either of these or both be strong enough secondaries to get Sleep Apnea SC approved? I have nothing in my service records for sleep disorder or sleep complaints. I was told I was a loud snorer but I didn't think much of that. I do have a history of allergies and sinus surgery all during my military service and a lot in VA File. I got denied on Sleep Apnea claim in January 2016. I got an IMO done in May 2015. but Dr. went with Obesity opinion (which I qualified as well, 40 pound weight gain) instead...........he did not use allergy and sinus SC as secondaries. He could of gone with the rhinitis but didn't...........sinus did not get approved until January 2016. Also, I was not on a CPAP yet when I filed the initial claim....all I could supply was two sleep studies results showing I had moderate apnea. I was not issued a CPAP until December of 2015, and got my denial in January 2016. I need to file a NOD now so looking for some advice in going this route. Thanks

Would like some opinions.......I have sleep apnea and restless legs....two sleep studies done at VAMC.......been on a CPAP since early December.......I am already SC for both allergic rhinitis w/Polyps and Sinus......would either of these or both be strong enough secondaries to get Sleep Apnea SC approved? I have nothing in my service records for sleep disorder or sleep complaints. I was told I was a loud snorer but I didn't think much of that. I do have a history of allergies and sinus surgery all during my military service and a lot in VA File. I got denied on Sleep Apneaa claim in January. I got an IMO done but Dr. went with Obesity (which I qualified as well, 40 pound weight gain) opinion instead...........he did not use allergy and sinus SC as secondaries. He could of gone with the rhinitis but he didn't...........sinus did not get approved until January 2016. Also, I was not on a CPAP when I filed the initial claim....just sleep studies results showing moderate apnea. I was not issued a CPAP until December of 2015, and got my denial in January 2016. I need to file a NOD now so looking for some advice in going this route. Thanks

I have two SC secondaries........allergic rhinitis with polyps and Pansinusutis.......was.tested positive for wool allergy at Ft. Sam Houston while on active duty. I was cut orders that I did not have to wear any woolen GI issue due to wool allergy......it caused hives breakouts when I came in contact anymore on my body..........I still have a major hives issues to this day.......had over 100+ photo-therapy treatments at VAMC to date to help diminish hives and itching. I presented as evidence the orders cut saying I did not have to wear any woolen clothing or blankets anymore, but there is no allergy testing in my file for that date showing that I was even tested for anything ....much less wool. VAMC has come up with 35 allergies I have to date, but they do not test for wool so no luck there either. Hope, I explained it well enough and thanks for assisting me here. I am trying to get a claim for Chronic Uriticaria without the benefit of any allergy testing records in my medical files. They denied basically saying we found no evidence of uritcaria to be SC....they ignored the evidence I provided that orders were cut and that I did not have to wear wool clothing anymore. I am at a loss what to do since they seem fixed on seeing actual allergy testing in my file, which is missing ????????.

I am already SC for allergies 30%.....it is the missing allergy testing results that I need to prove up another secondary condition.

I am seeking an answer if there is a strong enough VA Regulation/Law to overcome missing health records in my SMR.. In my SMR, there's no evidence of 3 different dated allergy testing results......notes prove I was seen for allergy testing and also dated but no actual allergy testing results are in my file, and the notes made were a bare minimum of information. I need these test results to prove up a denied claim now as I've been on the countdown clock since January 2016 to file a NOD within one year. I sent in a claim request to find these missing records and I read on EBenefits today the following: Freedom of Information Act / Privacy Act Request Earliest: December 2017 through most of 2018. My NOD deadline expires January 2017. That's my pickle. Also, there's no guarantee it was ever put into my SMR as it should be. I never got my SMR until 2009. My question: What are your options when VA has failed as Keeper of the File therefore enabling Veteran with no pertinent medical records existing to help prove up a claim effectively? Is there a strong enough VA Regulation to help a Vet overcome missing lab testing reports that never found their way to SMR? I feel doomed to being denied again and appeals lasting for years. This claim is so winable to prove with the evidence needed, but how do you prove when missing medical evidence does not exist? I'm sure this has happened to others faced with the same pickle. Any suggestions or VA Regs to use well appreciated.

Excellent feedback and much appreciated Vync......it is nice to know others can personally relate to what is going on. I am already 30% SC for allergies.....it is the Sinusitis that sits at 0%. I am not happy with my CPAP mask as my wife reports that I knock it around all the time while sleeping and then she can hear the air leakage rushing out waking her up. I don't know what to do to prevent knocking the mask off a good seal made before falling to sleep. I won't say I'm depressed as I am frustrated trying to resolve how to keep a tight seal on the mask all night long. I am further complicated because I also have reckless legs syndrome so a lot of movement goes on after I fall to sleep and that makes me move around more than normal. Funny, you mention deviated septum.....I got into a brief 30 second fist fight in barracks and got hit a few times glancing off my nose and cheek. We did not report it and the two other witness said nothing. No one wanted to get in trouble and chance an AR-15. I doubt that would suffice for anything now as never reported or went to sick call about face bruises. It never felt like a broken nose but more like a bruised nose and bruised cheek. Like you said a lot went on in service never reported.....just like snoring at night....never reported but if I knew then what I know now I would have reported sleeping problems to create a nexus.

Thanks to all of you getting back to me.....good feedback. Gastone nailed the Q I was asking .......which was can I submit new claims of Loss of Smell and Taste as secondary claims tusing both SC Allergic Rhintis and SC Sinusutis - versus being forced by some VA reg. to pick one or the other. I am 30% allergic rhinitis and 0% Sinusitis. I have bad rhintis (35 known allergies) and sinus two surgeries - active and VA. I am putting in for a increase immediately for Sinusitis as a reconsideration vs. NOD as I had 5 episodes last year - 4 requiring antibiotics - but since I reported less than 6 episodes treated by VA just 10% applies. I am filing next week on Loss of Smell and Loss of Taste - both 10% - I do have two Physicians - one VA C&P and one IME - both stating "at least as likely as not loss of smell/taste is service connected. How do my chances look there? They denied me last month on sleep apnea and deviated septum so filing NOD next week. I was really surprised with sleep apnea as it was my second VA sleep study (2015) and I did worse than the first one (2009) going from mild to moderate OSA with reckless legs syndrome, but it made no difference as I never reported any sleep problems on active duty and they said I was silent to active duty......yet I snored like a freight train I was told....and no I don't have a clue how to obtain lay buddy statements forgotten the names too. Who ever went on sick call for snoring? Who knew. My denied claim was for obese going up to 220 in service after entering at 170.........VSO said to file under obesity was my best bet........guess that is laughable and an easy denial at VA these days. I will appeal this time with both allergic rhinitis and sinusitis as SC......see what happens.....still 220 today. What is bad in my situation is dealing with allergies conjestion and sneezing, sinus infections, or sinus headaches while wearing a CPAP mask every night. Some nights it is a nightmare impossible to keep it on all night long. No one wants a CPAP mask - no one wants to die - so i'm not seeing it how VA can not rate 0% even if active duty records are silent. No one can trick a sleep study.......clinical obese is obesity......where do you go from here on active duty silent? Anyone have any suggestions on how to get SC for sleep apnea as secondary to an existing SC yet still no record of sleep issues in my SMR??? Stumped. On deviated septum denied.....said it had to be a traumatic injury to be rated. Had septum surgery in service....still denied. Had no idea had a deviated septum till I was told in service. Stumped again. Took me two years just to get my second SC granted at 0%......at least now foundation to increase and apply secondaries, Let me know if I'm right on this Q........if rated 50% VA covers all medical and no more service fees and co-pays for non-related SC to other clinics......is that right? It would help out financially if all my needs qualified as medical free and no co-pays on anything. Thanks for your help and time to respond. I hope to help fellow Vets with their Q's once I can get enough knowledge and experience to actually be helpful.

thanks for the info.....answered my Q.

Newbie here........I am in the process of filing a new claimcapped at 10%. I am already SC for allergic rhinitis and sinusitis. Can I use both as secondary to new claim or does VA accept only one as a secondary period? Thanks..

I found this on U.S. Veterans Compensation Programs - Hidden VA Money, it stated: Veterans 65 years-old or older, are presumed to be disabled. It does not have to be proven.........can anyone explain what this means? I am 30% and just turned 65.

Can anyone explain to me what this actually means..........Veterans 65 years-old or older, are presumed to be disabled. It does not have to be proven. I am already 30% and just turned 65.