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Okichewy1

Second Class Petty Officers
  • Content count

    65
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14 Good

About Okichewy1

  • Rank
    E-4 Petty Officer 3rd Class
  • Birthday 03/10/1972

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USMC
  • Hobby
    Fishing, HO trains, new truck mods, family
  1. Okichewy1

    Is this a CUE

    So when you looked on ebenefits, did you have the 50% rating for the sinusitis and 30% still for Rhinitis? if they changed a rating on you before you filed for the increase, it sounds like they did a CUE on themselves and corrected the error or they CUE'ed themselves and combined the 2 ratings together. The names make it sound like they are in the same rating category and if that is the case, you wouldn't be allowed to have 2 ratings of the same category, the VA would combine and give the higher of the 2.
  2. Okichewy1

    The "Pull My Finger" C&P Exam

    From what it looks like you were requesting service connection for arthritis of the ankles. The examiner stated that there was no medical evidence to support ankle injuries that would have caused the arthritis during your service. You didn't take the x-rays they had requested for you. You then stated: "I have service treatment records proving the diagnosis of shin splints, stress fractures, posterior tibial syndrome, and issuance of arch supports due to injury from running which started in boot camp and continued throughout my active duty." Question #7, this is a standard question on the DBQ. Just cause they said no, its probably because those medical issues aren't involved with the your ankle. How does shin splints, stress fractures posterior tibial syndrome and arch supports cause arthritis in your ankles? I could see you requesting S/C for those specific diagnoses. If you can provide a medical opinion stating that these issues caused your arthritis in ankles, then that would be the best evidence. Hope it works out for you.
  3. Okichewy1

    C & P Took 20 Minutes

    Have you received your denial letter yet? If not then don't jump the gun on what the doctor wrote during your exam. This is only a piece of the puzzle when it comes to a disability rating. Are you S/C for the right knee already through the VA? How much weight have you gained since leaving the military? Have you shown that you changed your diet and such to try and keep the weight off since you have a bad knee? I have a hypothytoidism, a bad knee and a bad shoulder and have gained weight but am slowly losing it with a serious diet plan and more water intake vice soda and juices. I have been in the VA's MOVE program to assist with weight management. Problem is, the C&P exams are for a medical opinion and if the doctor opinioned that your issues could be to obesity and you show weight gain in your records, its a fight.
  4. Okichewy1

    C&P notes

    Usually at the end of the exam there is a Medical Opinion comment. What did that say?
  5. Okichewy1

    C & P Exam

    It doesn't sound good in the doctors MO at the end, but this is only one piece of the puzzle. I would go back and talk to the ortho doctor that diagnosed you with shin splints and ask them to write a nexus letter connecting the dots for what you are requesting. Good luck.
  6. Been a while since I posted on here. Well, my CUE claim was finally approved for the EED this past June 2016. It was initially denied after I submitted it, but submitted a NOD in September 2015 and won it that way. It was about 5400.00 in retro pay.
  7. Okichewy1

    C&P Exam Reports=copies

    You have to remember that the VBA and VAMC are 2 different organizations within the VA system. When you submit a claim and the VARO gives you an appointment and an exam, that exam is technically part of your claim until the claim is completed. Once the claim is completed you have the right to view it through a FOIA request. I have heard that some VAMC (hospitals) are not uploading the C&P exams because they technically are not part of your medical, they belong to the VARO who is processing the claim. Just my 2 cents.
  8. Okichewy1

    Cue Claim Template?

    This is what the VA said: A clear and unmistakable error is found in the effective date assigned for service connection of tinnitus and a retroactive increased evaluation to 10 percent disabling is established from March 5, 2012. In this case, the evidence available for review documents complaints of tinnitus on the April 1, 2008 audiological examination performed during your active military service. At the VA examination conducted August 14, 2012 it was reported you had complaints of recurrent tinnitus, although the examiner stated your current complaints were not related to service. However, our governing provisions in affect at the time of the January 3, 2013 VA rating decision state when complaints of tinnitus were noted in service and the evidence documents a current diagnosis of tinnitus service connection is warranted.
  9. Okichewy1

    Cue Claim Template?

    Haven't been on for a while, but just found out my CUE claim was approved. Received a large sum of money from the VA today and checked ebenefits to see what it was. Saw my effective date for tinnitus was moved back to my original denied claim date.
  10. From what I have learned over the past 6 years, that is the way it has always been, just the policy hasn't been enforced at most RO's. The C&P exam is technically part of your claim, not health records, so technically we shouldn't be able to see the results until the claim is completed. I know that sucks, cause it's nice to get an idea of what the doctor actually is reporting. We have to remember that the C&P doctors are not part of the VAMC, they are part of the RO. I have all my claims done through the Boise RO here in Idaho and I have always been able to see my C&P's a few days later. But I have heard of others stating what you said a couple years ago.
  11. I was just looking through myhealthevet and saw that I am actually rated for Limited Flexion of Motion (DC5260) for 10% and also have Traumatic Arthritis (DC 5010) 10%. They never rated me for my meniscus removal it seems.
  12. Back in 2014 I submitted a NOD for a decision on my knee rating. I was rated 10% for painful motion with arthritis (DC5003) and cartilage, semilunar, removal of, symptomatic (DC5259). From what I have read on here and googling VA stuff, it seems I should of been rated at 10% for arthritis, painful motion and 10% for cartilage removal. Each of those ratings are 10% each which equals 20% in VA Math. I submitted my NOD and just received my SOC back with nothing changed. I also referenced VAOPGCPREC 9-98 that specifically talks about a separate rating for knee with arthritis and painful motion and DC 5259 cartilage removal. Any help would be great on next step (if any). I am waiting on my VSO to reply to me also.
  13. Okichewy1

    Tinnitus Denied! Ugh!

    This sounds exactly like my case. I went to a C&P exam with a contract doctor, he never wrote anything about my MOS and what I did in the Marines, VA denied the tinnitus claim. Finally reopened the claim, same evidence, but VA did a new exam (this time with a VA doctor). As soon as he found out I was a heavy equipment operator and shot a variety of weapons over 20 years, he was like YES, at least as likely as not to it being connected. VA miraculously approved that claim. Keep fighting and good luck...
  14. Okichewy1

    Depression as secondary

    Just had this done and approved. I claimed anxiety and depression due to chronic pain in my knee and shoulder (both S/C). I started seeing a LCSW (Licensed Clinical Social Worker) after my Primary care doctor stated that I had anxiety. The LCWS said I had depression and anxiety due to medical issues and chronic pain. I submitted my claim, had to do a MH C&P exam. Was approved for 30% for Somatic Symptom Disorder (Formerly Chronic Pain Syndrome). If you feel you have depression due to your pain, get it checked out and then go from there.
  15. Okichewy1

    Total Knee Replacement

    So, from what I have read and researched about this. You get 13 months of Temp 100% convalescence after the surgery. Then, the VA will re-evaluate the knee and minimum is 30%, but If there is weakness and severe pain with motion, then it is rated 60%. Good luck with surgery. Make sure you file a claim for the 100% temp convalescence as soon as you have the surgery.
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