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Wayne TX

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Everything posted by Wayne TX

  1. Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA. I had no intention of applying for it until it was brought up. I went ahead and submitted and it got denied, did an NOD and still sitting in Appeal now. I have not had any additional deviated septum surgeries since filing (2015) and no more clinical indications another surgery is needed therefore MY QUESTION: (1) Does the fact I have had two surgeries mean anything as far as service connection goes or.... (2) is this just a lame duck I should cut loose since no more surgeries have occurred since 2009. Final question, if still sitting and waiting on multiple Appeals does dropping one of those Appeals speed the others along any faster or does it even matter? Can those on Appeal be processed individually at any point in time that RO decides to overturn same..... or do they wait until all of the Appeals made and filed together are fully decided one way or another? Just seeking some opinion on this from more seasoned folks in Forum.
  2. Dr. Ellis on OK City is reasonable and he does IME-IMO together as one.
  3. EODCMC.......I agree with you totally that well organized and written claim packets makes all the difference. I have the blessed advantage of being a journalist early in my business career. I believe well written entries shows them (RO or BVA) that they are not dealing with a a clueless dummy and that can only help the cause. I feel bad for the Vets who can't spell or write convincing copy. My MOS in Army was 71Q20 - Information Specialist......civilian for journalist. I would help others as well, but many I have found are reluctant to admit they need help presenting a claim. Pride is one of those seven deadly.
  4. Gastone......I hear ya but I have to think positive or what is the point of even trying...........I would file on the basis of Sleep Apnea if over turn on appeal. I have a lot of issues tied to it with daytime drowsiness and falling sleep just sitting at computer or watching TV, etc......also have restless legs syndrome (RLS) diagnosed so I'm moving around a lot every single night knocking CPAP mask loose leaking out air and waking me up. I do not think my other s/c are enough by themselves, but two of them (allergic rhinitis and pansinuitis) are also secondary factors causing or aggravating Apnea and that would factor into the overall equation. I plan to claim RLS as secondary to Sleep Apena on grant. Do you think Apnea has a strong enough basis?
  5. mine arrived in paper form and took 8 months....it was literally 12 inches deep of 8.5 x 11.
  6. I have a full mask......I am a mouth breather so no matter what I do I wake up almost every morning with dry mouth. I change out the reservoir with distilled water every other day and I bought a SoClean machine that automatically cleans the mask and circulates the water. It took me awhile to adjust but it still wakes us both up at times when it starts leaking after moving around some.....having PLMD doesn't help either.
  7. That's really good stuff to know John.......I am going to file for it. I am surprised you filed being only 30% but that's very encouraging to know. Did you file it as a straight forward NOD or first as an Intent to File then NOD? Just curious. Happy you got the 100% and covered. We all need fall back with the VA brother!
  8. They rolled me back to Gathering of Evidence on eBenefits now back from Preparation of Decision.......estimate to completion time now showing May to Aug. 2018. That's a big swing from previously stating as early as March 17th. I think it's a good sign that someone else caught something the other guy didn't and now having to dig more.
  9. Buck.....great info and thanks for the link..........so I assume if for any reason an application for TDIU is not filed within 12 months you lose the EED......right? I assume then have to start all over again with another ITF? How soon normally does the appropriate application to file for the general benefit sought arrive from VA to get submitted and start the 12-month cycle?
  10. Fantastic information provided by all of you...........I am putting my ducks in a row now (developing packet and securing medical opinions). One final question to be completely clear....... if I go ahead within the next 30 days and file an Intent to File (ITF) for TDIU yet only at the 50% level now that would then lock in an earlier claiming date for TDIU......right? That would certainly allow me more time collecting medical opinions and researching more similar-based BVA awards. I believe I understand that it also gives me up to 12 months to act on protecting the ITF itself (if necessary) thus allowing more time frame for other appeals to be over turn in same time period to actually file the actual Form and packet then..........correct? What is the Form for an Intent to File an TDIU application. Thanks for all the feedback. You guys are great in providing valuable insight through your own experiences.........much appreciated.
  11. Buck.....that's great info......I'm going to check that link out later tonight. What you're saying makes a lot of sense. I rarely have any bad things to say about my VA Healthcare but when it comes to C & P Exams the other guy/gal really holds your fate in their hands with a very simply stated opinion...."as likely not"......VA Physician wins with RO and RO is happy too and Vet just sits on Appeal hamster wheel for 2-4 years (many give up so another win for VA)...........he/she can make or break you as they effect the outcome seeking negatives - not positives. I truly believe they try to trip you up to write a deny. Fanchner is a perfect example of someone that VA uses to do C&P Exams for ENT claims and no way he's Vet Friendly or wanting to help Vets win their claim. I have had five C&P's to date and only one of them has acted friendly and that was contracted out to VSE..........all of em' at VAMC I've come across doing C&P had attitudes. I have no trust level in VA C&P Examiners because it's a good ol' boy network at both ends. I am going to look into this and consider if I can afford.
  12. I'm going to get another test done outside VA in the coming weeks where Maryland Test is available..........something is off.........my initial exam back in November, which was just testing me for hearing loss (open to any asking Vet by Appt. and Maryland also used) I scored 88 on Left Ear speech versus 94 on C&P last Thursday......on first test Right Ear 96 and it dropped just two points to 94 (reasonable variable) at C&P...............same Clinic, same room, different examiners. First guy was not doing a C&P......just score testing my hearing. My scores were pretty much in line all the way across except for Speech Audiometry where I had suddenly improved 6 points in three months time. It does not make a lot of sense that hearing or recognizing words better would improve that much in the space of just three months when all other numbers stayed in very close harmony. One other note, I did when Examiner asked if my MOS would cause traumatic ear damage/noise during active duty as I was a Admin. Personnel Specialist for an Artillery Battalion (not in the field). I was not in a combat area. I answered no. I filed a DBQ with my Hearing Loss claim where Physician stated "likely as not" s/c" secondary to my allergies and sinus s/c. I had no idea there was a nexus connection there until Physician informed me there was and that both can be linked medically to Hearing Loss citing journals and such...........so filed secondary to other s/c. My allergy s/c involved surgery and was granted 0% s/c at my discharge in 71.
  13. Bronco......on the Exam Progress Notes it just stated both ears at 94%....it did not show any other numbers with it.
  14. Bronco.....I certainly intend to ask next week as I have no idea what all those numbers mean in regard to speech discrimination either. My left ear is in pretty bad shape and hearing aids are coming up at the end of the month. I'm getting the sense that since my right ear did not rate as high as my left they'll now downplay the disability possibly to even 0%. I still don't understand all this Roman Numeral formula stuff as it is suppose to translate into a rating number. I also have tinnitus and that was recorded on same DBQ.....questions asked and recorded....basic stuff. Is tinnitus usually granted @ 10% if VA declares hearing loss even if rated at 0% (non-compensable)........or do I have to file another FDC all over again based on whatever disability VA finally decides to grant me and just nexus that to the s/c hearing loss? Buck....yep left ear is a lot worse than right......you say 55 decibels......I scored 58 for an average score on Left Ear.........is that what you referring to as decibels? What is the threshold of 55 all about anyway........not clear? I did even worse in Left Ear at 6000 (80) and 8000 (70) levels than the others and apparently those are not even taken into consideration. As I understand VA stops using any numbers after 4000. I have no idea what 6000 and 8000 numbers mean either and why they're even tested and recorded if not used as part of the formula? If this does not at least equate to a minimum 10% for hearing loss and 10% tinnitus then VA, in my mind, has rigged the tests to insure a lot of Vets do not get fairly compensated for their disability.
  15. Got a copy of my C&P Exam today at VAMC......... under Diagnosis, got X's in Right Ear for Sensorineural hearing loss between 500-4000 Hz and frequency range of 6000 or higher, and in Left Ear X's s for Mixed Hearing Loss, sensorieneural hearing loss in 500-4000 Hz and frequency range of 6000 and higher. Hoping someone here can tell me something who can decipher what all this means.........basically did I pass or fail my Hearing Test in VA's World?
  16. Thanks for the tip Buck........I will do just that if I get rated at 0%. I did mention I do have tinnitus episodes weekly for decades and he wrote that down.........Fanchner is suppose to be retiring soon and he can't leave fast enough for my liking.....definitely NOT Vet friendly and tries to fail everyone if he can get away with it.. The audiologist was a good guy and was Vet friendly so win or lose at least friendly/respectful and not anal towards Vets like Fancher. LOL We have to meet for coffee one of these days up there.
  17. Thanks for the quick reply........kinda stunned that a decision has been reached before the close of business the same day as C&P and only one month since filing. I guess I will know something soon enough.I am really surprised FDC moved that fast.
  18. I had a C&P Exam at my local VAMC for Hearing Loss 9 a.m. this morning (Thursday). I applied for a new claim on 2/2.......last night eBenefits said Gathering of Evidence and tonight it says Preparation for Decision? The decision date also jumped up to as early as 3/17 when it was showing May just 24 hours ago. Is this normally a good sign or bad sign?
  19. Eli.....I have obtained IMO's from both Dr. Anaise and Dr. Ellis. I found value in both but by far, in my opinion, Dr. Anaise went much deeper on rationale (cost more too)......like 38 pages of medical rationale on one disability. Dr. Ellis has the folksy personality factor......Dr. Anaise more professor-like fact finder type. Both work. Just my take. I rate both highly, and I agree IMO's are worth the money because we all know they will be challenged by VA and weak ones get cast aside by saying not enough rationale given. You get what you pay for as they say and it is so true and even more critical when it comes to IMOs trumping the VA.
  20. Wow......got called yesterday afternoon by VA wanting me to be seen at Dallas VA Audiology this Thursday for a C & P Exam. I am stunned Waco RO turned that fast on a dime on anything even if a FDC..........just made the claim February 2nd. I am a bit dumb founded why I am having to do this all over again as I was just seen at same exact Clinic on Feb. 16 by a certified VA Audiologist who tested me again and failed and said my hearing aid will be ordered and be picked up in six weeks.......so what is this C&P Exam about now ????? I failed a, private testing, standard VA hearing test with Maryland testing, a VA Choice examination, and the Feb. 16th testing again - failed. This seems like major over-kill happening over a 10% claim. Anyway, not suppose to miss a C&P exam so I'll be there...........any pointers by anyone who has been C&P Hearing tested before? Do they still test again even after three previous tests on record - all through VA since November 10th????? I have left ear sensorineural otoscelerosis. I know they like to play dirty tricks to find a way to evade granting...........been done to me a few times in other medical areas. So any last minute pointers would be appreciated.
  21. Makes total sense to me Buck. I will let everyone know how this release of N & M evidence fares before ever seeing a Hearing on any of it. It will be interesting......one is for 50% and the other 60%....they are the main focus as they collectively lay the necessary groundwork to file a claim for TDIU.
  22. Thanks for your reply Sync...........so another question...........if only two of five Appeals were addressed to date with a SOC denying and a Form 9 was then sent back to perfect (as they say) on those two then just those two now apply as a BVA Hearing versus VARO Hearing right? Technically, then would the other three NODs until a SOC is actually delivered it still under ARO DRO jurisdiction.....am I reading this assumption correctly ? Just curious. Thanks.
  23. Thanks Buck.........I am sending in two strong N&M evidence IMO's for Sleep Apnea on NOD appeal and will take my chances prior to a Hearing Date. I have requested a VideoConference Hearing on Form 9 and still waiting to find out when my turn comes up in Waco RO so either way I will at some point in time get my evidence presented whether this N&M submission succeeds or not. I do agree with your logic......It's still worth a shot even if it may take longer........waiting is already a given and frustrating. I'm going all in hoping for the best.
  24. Buck.............I got a SOC letter on September 18, 2017 telling me basically I have been denied increases from 0% to 10% for Loss of Smell and Loss of Taste. What I posted was the letter that came dated October 3, 2017 saying based on my request for a videoconference hearing before BVA, I have been placed on the list of persons wanting to appear and that it would take place at the local VA office where my case will be heard via video by a VLJ. I have not heard anything since that October 3, 2017 letter and have receive no further SOC on my remaining NODs. I am assuming on my remaining NODs I will either get more SOC denials. or I might get granted disabilities. I was just wondering if this is normal to get this (SOC) in piece meal form if multiple NODs were filed - instead of all at one time. In any event it appears based on Letter that I will get a Hearing at RO at some point so I can present additional evidence on any that are SOC denied. The part I find odd is I have N & M evidence on some of the remaining NODs that has not even been submitted yet as it came after the filing. This would be favorable IMO's (new evidence) and I was holding until the Hearing to present same as told submitting new evidence would only delay a hearing date. Is that correct or incorrect Thanks..
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