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ctbenja1015
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Posts posted by ctbenja1015
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Buddy Statement:
I served with SGT Benjamin during our deployment to COB Speicher, Tikrit, Iraq in 2009-2010. As the Communications NCO for the 724th Transportation Company, I spent time both at the headquarters and on the road maintaining the radios out on the convoys. During pre-deployment training we conducted convoy training in heavy body armor and helmets with heavy night vision attachments. This extra gear combined with the weapons carried across our shoulders, caused an undue amount of stress on our necks, upper backs, knees and other joints. During the deployment, our missions required us to drive M915A2 semi trucks with air ride seats. Even while wearing the seat belts, the seats never really worked well. They were consistently inoperable rendering them sitting flat against floor of the truck removing any injury prevention or comfort they previously provided. The constant bumping caused pain to shoot up and down the spine. The seats that did work, bounced us up so far it was a regular occurrence to hit our heads on the ceiling of the small truck cockpit. The worst were the highway checkpoints. We had to maintain a speed of 50-60 miles per hour to prevent the enemy from timing our movements and hitting the convoy with IEDs. This high speed of course led to even more jarring up and down movements in the vehicle causing irreparable mis-alignment of vertebrae for many and mild traumatic brain injuries for a few.
SGT Benjamin is suffering the scars from his service. This letter hopefully sheds some light on the difficulties of the duties we performed over seas. And the repercussions of performing those duties. I highly recommend SGT Benjamin receive his full benefits for service connected disability. -
I got my "white" envelope, guess brown is out of style now. I was declined for DJD of Cervical spine(not service connected). Reasons were:
1. The evidence shows that cervical spine arthritis existed prior to service. There must be objective evidence of worsening of a pre-existing condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service.
2. VAMC exam conducted on August 18, 2014, notes that you were treated for and diagnosed with DJD of the cervical spine with radiculopathy on March 20, 2009, which was 5 months prior to your active duty service of August 4, 2009.
3. VA exam conducted August 4, 2014, notes that your cervical spine arthritis was not aggravated by your military service,
Facts
1. excerpt from C&P exam: 2. Medical history
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Describe the history (including onset and course) of the Veteran's cervical spine (neck) condition (brief summary):
veteran had sustained a vehicle accident while on orders 5 months before he deployed in Iraq ,it was a rollover accident. he was stationed in
Wisconsin and he believe he had normal cervical spine X-ray they were reporeted normal, without a fracture and it's only during deployment in 2- 3 2010 that he complained of bad neck pain and numbness in hands in Monterey VA in 2014 they had X-rays of his shoulders and was told that
his issues were coming from his neck , he had neck arthritis ; he was sent to TMC while in Iraq and complaining of his neck and was told that neck was
ok to continue his duties and he did current symptoms are constant 6/10 pain , and if turns his neck shoots to a 8/10 and disrupts his sleep. Re his MOS he was in transportation with lots of driving heavy truck and as well a s lifting daily about 35- 50 lb. daily plus all they usual weight they had to carry on ther back.TYPE OF MEDICAL OPINION REQUESTED: Direct service connection
OPINION : Direct service connection
Does the Veteran have a diagnosis of (a)neck condition that is at least as likely as not (50 percent or greater probability) incurred in or caused by
(the) long term wear of ACH and poor road conditions while serving in Iraq? Rationale must be provided in the appropriate section.c. Rationale: REVIEW OF VISTA WEB 3/20/09 SHOWS EVIDENCE OF THE ROLL OVER ACCIDENT; C SPINE X-RAY WERE TAKEN AT THE TIME WITH EVIDENCE OF MILD DDD AS WELL AS EVIDENCE OF WHIPLASH INJURY AS TYPICAL REPORTED FINDINGS WHICH IS A
RISK FACTOR FOR CHRONIC NECK ISSUES AND DJD/ DDD WITH RADICULOPATHYNo exam notes in my record show it was not service connected, no exam on August 4, 2014
They were given my detailed record of retirement points to verify any active duty or drill dates.
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Thoughts?
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Congrats!
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Thank you all for your continued support. I will definitely look into state benefits. Once I get my "envelope" I will post more info. Again thanks!
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Lucky Day 481 Got notice off E-benefits
90% Service Connected
70% PTSD
50% Sleep Apnea
10% Left Shoulder Sprain
10% Right Shoulder Sprain
10% Bilateral Plantar Fasciitis
--% Cervical Neck Arthritis- not service related (too funny) It's the only one I have an LOD for.
Also had Epidural in Neck today, next step Surgeon.
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I had a similar experience with an MD. I have constant pain in my neck and she wanted me to tell her when the pain increased instead of when it started which all would have been 0. I used Doctors notes off of myhealtheVet sent a note pointing out that I am in constant 6/10 with no motion and it increase to 8-10/10 pending on the directions. The 6/10 was noted in an earlier section of the C&P exam notes. I am already going to the pain clinic and being treated for chronic pain in my neck and back. She also stated that my OSA was less likely than not from service, because she was unaware of OSA being secondary to PTSD or Depression. I sent in several studies from Military hospitals and also showed several cases that were won on appeal based on these cases. Don't know if it helped or not, should find out soon. Regardless don't give up, keep fighting the good fight.
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Ding! Ding! Ding! broncovet wins....lol , It is a good idea to check your doctors notes as a wrong code can change your status, or a completely wrong diagnosis. Some put in I have a secondary condition to type 2 diabetes, which I don't have, instead of putting to it under the condition I do have that is SC. Might not seem like a big deal, but if your records are not accurate, your claims may not be either.
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Marine0816, tomorrow is day 480........definitely jumped the gun.........just call me eager....lol
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On ebenefits it will stay in gathering evidence until after your C&P exams as they are part of the evidence. Once you get your exams it typically speeds up a little, but every VARO is different. Hang in there and thanks for you service.
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Relax for sure. Pending on the VARO FDC are still running about 6 months. The biggest reason many Vets get denied is service records showing sleep problems and not OSA. In the past ten years it has been looked at more frequently than in the past. If you have any sleep issues the VA is likely to a sleep study, thus more cases are being diagnosed. The VA and Military like to blame it on obesity since 50% of the people are overweight, but doesn't that mean that 50% are not? With the big increase in claims, due to more testing in my opinion, it being an automatic 50% is more of the issue. I think it is worth the rating for those that have severe cases due to the long term effects. To get back on the point, there are more denials right now to please the powers that be. If it is already in your service record, even if you were to be turned down, I believe you could get it on appeal.
It is much more difficult to prove if you were in the Guard or Reserves as no one is going to send you for a sleep study during deployment. I unfortunately fall in this group. I have not been denied officially yet, but had a very negative nexus at my C&P exam. The biggest thing is to keep fighting for what you have earned, it's not charity, it's not a gift it is what was promised to us for serving our country.
So relax, keep reading on this site and you will see that there is a lot of people to guide, help and/or support you. Those who don't give up are successful more than not. Anyway, just my thoughts, good luck with your claim, welcome aboard, congrats on your retirement and most of all thank you for your service.
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Thanks everyone. I went to Preparation for Notification this morning. Rootbeer22, had several issues with it. I moved to California and switched Units 4 months after filing. When I got the transfer orders someone hit the wrong button and removed me from the rolls of the Army. Took 3 months to get me back in the system to locate my records, by this time it was mid January. Even without the delay Chicago was running 12 to 14 months on claims and also started working mostly on backlog claims. Ended up finding out that all my SMR were lost, this was at the beginning of June. Fortunately I had copies of 75 to 80 percent of them. Once they received all of my records I pretty much filled gaps with buddy letters. When I originally filed I did it on my own just following directions on ebenefits, at the time they only wanted private doctor reports and said not to send VA or Military records. So in my case it has been more of an issue with the Military side than the VA side. The only thing I am not sure will go through is the Sleep Apnea, but already prepared for the appeal if that happens. I am still working full time for the DOA so was not as concerned with mine being rushed, a lot more brothers and sisters out there need theirs much sooner than mine and it will be back paid anyway. My biggest thing was to get it done before my five years ran out on VA coverage. Though I probably shouldn't be working, I will press on until everything is done, I have a disabled wife and 3 kids in college to worry about right now. Thanks again.
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My name is Chris. I currently live in Jolon, CA and work on post at Fort Hunter Liggett for the Department of the Army. I am an Army Reservist with a little over 8 years in service and one deployment. Deployed to Iraq in 09-10 as an 88M-Medium and Heavy wheeled vehicle operator...aka truck driver. Married 3x have 3 children that live in Georgia and my wife has 3 living in Illinois, the 3 youngest are all in college. My wife is disabled with PH, diastolic dysfunction, congestive heart failure and fibromyalgia. She is fighting for SSDI as I am with VA.
I have gain much knowledge from reading the forum here and have so much more to learn. I filed my claim myself on 05/24/2013 and only recently got a VSO. I realize how much help I will need to appeal if I need to as well as to file additional claims. To date I have filed for PTSD with Substance abuse, anxiety and depression on the mental health side. I have also filed for Cervical DJD with spinal stenosis and radiculopathy, torn rotator cuff in both shoulders and plantar fasciitis. I am also about to start the MEB/PEB process as I can no longer wear my ACH due to my neck and no longer wear body armor due to my lower back(have not filed for back yet). In constant pain in neck and back, but worry more about taking care of my wife and kids rather than myself and tend to understate my injuries.
I look forward to continuing to gain knowledge from the group as well as helping anyone with the things I do know. Hoping my "none" changes soon as I am Pending Decision Approval.
Thanks all!
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I had a similar situation with ROM of neck and shoulders. I am constantly in pain 6/10 that increases to 8/10 with movement. I was asked to tell her when the pain increased. I am fortunate(I hope) in that I was able to send in my comments to the RO prior to the decision, With the tests done at the VA you can get them on the blue button on ebenefits. I say hope, because I have not gotten the decision yet. I guess I will have to see what they considered my ROM.
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After 469 days at the Chicago, IL VARO-Pending Decision Approval
PTSD, Bilateral Shoulder Sprains, Sleep Apnea, Cervical DJD, Cervical Stenosis, Bilateral upper extremity Radiculopathy, Bilateral Plantar Fasciitis
Fingers crossed.
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Philip, they do have quality they have to meet as well. Also they don't get credit for claims they are working on, only those that they close.
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Apparently they want a second opinion from another doctor on something. Will just wait and see.
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LMAO, called my luck right.....just went back to gathering of evidence.
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Gastone, Fat and Philip thanks for the responses. Good advice. I
am sure everything will go through the first try....lol. Been on the phone all day with VA Education trying to get them to resend a certificate of eligibility so I can get them to pay and quit paying out of pocket. They no Longer accept phone requests over the phone...wtf.....have to send a letter requesting them to send a letter. With my luck everything will have to be appealed.
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I filed my claim through the Chicago Regional Office, as I was living in Illinois at the time. I have since moved to California. My claim is at the Preparing for Decision phase now. If, when, I need to appeal do I do it through the Regional Office here or Chicago? How do I get any appeals or claims moved to my new location? Just trying to be ready ahead of time.
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If you pay for LTD with pre-tax money it will be taxable income, if you pay after taxes are taken out it is considered non taxable. My wife has been on LTD since 6/2013, was turned down on first application and is appealing the decision now.
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I wonder if the VA realizes what it does to people with PTSD and anxiety having to wait. If I wanted patients I would have become a doctor. I know...I know....good things come to those who wait....but how good is it and how long do you have to wait? Well, since I am making things difficult for myself I do have a question that in the last 30 years no-one has been able to give me a good answer to. Why do we park in a driveway and drive on a parkway? lmoa
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Without those in the back, the people in the front couldn't accomplish their mission. People in BCT or AIT can get 10-20% for life and technically never get to serve. If you get hurt as a result of working, civilian or military, you are suppose to be compensated. Your pay is for the scars of your service to this country, less than 1% of us do it, so never, ever feel guilty.
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Finally on day 461 claim moved to Preparing Decision.....wooo hooo!
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If you sign up for a myhealthevet.gov get a premium account and the will all be in the blue button history, the exams and report will be
on there as long as it was done by the VA. You will have to go sign a release if you want actual films.
Cue Or Appeal
in CUE Clear and Unmistakable Error
Posted
They did have copy of buddy letter and listed it as evidenve. I think they just read nexus and not history. Can see how someone could not understand if not reading complete file. Will post report tonight.