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paulcolrain

Senior Chief Petty Officer
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Everything posted by paulcolrain

  1. im starting to see a lot of people are and have been in the same boat as me regarding retro and change of rating percentage. this question is to kinda find not a time frame but to solidify that something is really off with VA. obviously right im just starting to feel that maybe since this new Ramp program if the DROs or the processors told to drop some things and pick up on RAMP appeals. my past BVA decisions award came within 3 weeks and now its been over 6 weeks since judge grant. so please submit answers as a story and a time frame if you could. THANK YOU
  2. im in a similar situation. i also see a ton new questions on all of had it regarding " after judge makes decision why do we wait for implementation" this seems that its becoming more and more frequent to delay. Why cant Vets get a direct number to the actual department working on the implementation of the AWARD// like these days when a claim is received we can follow what happens.. vets are so put into the dark after the Judge Makes Decision and there no where to go and no one to get a real answer from. i fully understand that when the judge creates Down stream issues such as not providing an effective date or not providing a percentage but,,, when the judge grants all 3 parts,, DC # effective Date and percentage this then just becomes a software implementation that all taxpayers paid for the va to have. frustration is what the va seems to like to create instead of a job well done.
  3. have you called again and asked your follow up questions? the reason i ask is im in a similar situation and wondering if i should call hotline again.
  4. ITS REAL INTERESTING TO FIND OUT THAT MOST D.R.O'S WHERE TAKEN AWAY FROM REGULAR APPEALS TO DEAL WITH RAMP... INTERESTING TO KNOW THAT INSTEAD OF HIRING THE VSO'S GOT TOGETHER AND DECIDED WITH THE UNION FOR FEDERAL EMPLOYEES THAT ALL CAN BE DONE AT SAME TIME... WELL,, MOST VETERANS WHOME HAVE GONE REGULAR APPEALS ARE NOW STUCK IN PROCESSING SINCE JANUARY OF 2018 DUE TO THIS RAMP WHICH MEANS ONCE AGAIN A CHANGE FOR THE BETTER IS NOT A CHANGE FOR THE MOST.
  5. ENTITLEMENT TO A BENEFIT IS BASED ON A VETERAN ASKING FOR SOMETHING. IF A VETERAN DOES NOT ASK THEN HOW ARE THEY ENTITLED.. AS FAR AS I HAVE SEEN IN ALL THE WINS,,, EVEN WHEN A VET WAS TO HURT TO ASK BUT THEN HIS VSO ASKS IT STILL ONLY GOES TO WHEN IT WAS ASKED FOR.
  6. this quote will always be KEY TO ALL THINGS IN VA.... ALL SHOULD WRITE THIS DOWN ON A REFRIDGERATOR
  7. ABSOLUTE AGREE 100P....... i thought the question was based on a claim. no matter what the word entitlement by congress has the understanding that a claim was submitted.
  8. but couldnt you argue that erroneous evidence ( VA created there own point regarding how to evaluate without medical opinion or evidence ) was used to deny ? example: vet claims leg sprain. VA states to DR on Exam request that the leg sprain has been determined to be an existing injury B4 service.. though NO opinion of this in file and no evidence to show..just that the VA says it.
  9. caps tend to clarify my thoughts to myself.. they tend to let me see clear as well. i dont have an issue with anyone using them if they use them for there own personal reasons and i take your comment sideways as if you have the time to comment on another vets use of caps when theres so much more things to say.
  10. WHEN YOUR THOUGHTS WENT THERE MINE HAD ALREADY COME BACK & PROCEEDED FURTHER.

  11. PLEASE MAKE SURE THERE NOT LOOKING HOW 2 SERVICE CONNECTIONS OVERLAP EACH OTHER. MAKE SURE BECAUSE BEFORE THE REMAND COMES BACK YOU MIGHT BE ABLE TO STOP PYRAMID ISSUES. CFR 3.14 AND REMEMBER THE JUDGE DECIDES IF THEY OVERLAP OR NOT BY LOOKING AT THE RECORD OF EVIDENCE. SO FIND OPINION ON HOW THEY DONT OVERLAP BEFORE JUDGE IS FORCED TO IF HE CANT FIND IT..
  12. IF YOU POST REMAND WE HERE MIGHT BE ABLE TO GIVE YOU MORE INSIGHT.. REASON IS,, A REMAND IS NOT A DENIAL AND THERES THINGS YOU CAN DO TO MAKE SURE THE REMAND GOES GOOD.
  13. OH BOY MY BVA LETTER CAME AUG 6 AND IT TOTALS FOR AN INCREASE AND I WAS HOPING ID GET THE CASH BEFORE END OF MONTH.... OH BOY
  14. is this accurate ? your BVA letter came in april and on Aug 10 is when you got letter from RO and you still have not received any money for the increase ?
  15. the doc can do a hands on test as did in my case.. can tell where the dullness is coming from just from a chart after the test.
  16. https://www.spineuniverse.com/conditions/back-pain/low-back-pain/lumbar-radiculopathy-low-back-leg-pain ABOVE IS GREAT TO PROVE… STENOSIS CAUSED THE SENSORY ISSUE OF THE FOLLOWING NERVE ROUTE.
  17. THIS IS A FANTASTIC WEBSITE TO FOLLOW HOW SPECIFIC DISK BULGES AFFECT NERVE ROUTE INTO SENSORY... https://www.spineuniverse.com/conditions/back-pain/low-back-pain/lumbar-radiculopathy-low-back-leg-pain IF YOU CAN GET DR TO DO A SENSORY TEST PER NERVE ROUTE YOU WIN EACH NERVE....
  18. yes the board issued effective date of Feb 2018 and gave DC 8521,8522,8524 and gave percentage of bilateral 10% the reason i keep bringing up new questions is because with this award i hit 100% and of course thats an ACHIEVEMENT... SO THATS WHY I KEEP ASKING AND ANSWERING
  19. CHECK THIS OUT BRONCO,, THIS IS SOMETHING I FOUND ON BVA SEARCH DECISIONS.... ITS NOT MINE BUT IT DOES SHOW PRECIDENT WHEN JUDGE OVER RULES PYRAMID... The Board observes that it is a matter of public record that the Court, albeit in a non-precedential manner, has noted that there are situations where, for example, "compensating the appellant's sciatic nerve symptoms separately [from external popliteal (common peroneal) nerve symptoms] would appear to not run afoul [of] the rule against pyramiding. 38 C.F.R § 4.14 (2015)." Defazio v. McDonald, 2015 U.S. App. Vet. Claims LEXIS 1304 (U.S. App. Vet. Cl. Sept. 28, 2015) (non-precedential).
  20. I REALLY THINK I FOUND WHAT I WAS LOOKING FOR.... THE LAST 3 SENTENCES ARE GREAT.... Significantly, the December 2014 VA examination report is the most specifically detailed medical evidence of record documenting clinical findings describing the neurological impairments of the Veteran's right lower extremity. This examination report includes a checklist for identification of each individual nerve manifesting impairment in this case. The examiner completed the checklist with markings that indicate "Moderate" incomplete paralysis of the sciatic nerve, which the Board has discussed in the decision section above and in the prior August 2015 Board decision as the basis of the award of an increased 20 percent rating for the right lower extremity impairment. However, the December 2014 VA examination report's checklist also marks "Moderate" incomplete paralysis of five other nerves of the right lower extremity: "External popliteal (common peroneal) nerve," "Musculocutaneous (superficial peroneal) nerve," "Anterior tibial (deep peroneal) nerve," "Internal popliteal (tibial) nerve)," and "Posterior tibial nerve." Paralysis of these nerves may be rated under 38 C.F.R. § 4.124a, Diagnostic Codes 8521, 8522, 8523, 8524, and 8525, respectively. The Board has considered whether the impairment attributable to impairment of these nerves may be contemplated in the rating already assigned under Diagnostic Code 8520 for paralysis of the sciatic nerve such that separate ratings for the other nerves could potentially be prohibited as pyramiding. 38 C.F.R. § 4.14. However, the evidence in this particular case does not allow the Board (limited to its lay sensibilities and reliant upon competent medical evidence) to make this determination with adequately informed clarity. The Board takes judicial notice of the fact (without relying upon the information for any binding determination in this case) that the identified nerves involve branches of the sciatic nerve such that some degree of overlapping symptomatology / impairment may be suggested. However, it is not clear that assignment of separate ratings for multiple nerve involvement is necessarily inappropriate in this case. The Board observes that it is a matter of public record that the Court, albeit in a non-precedential manner, has noted that there are situations where, for example, "compensating the appellant's sciatic nerve symptoms separately [from external popliteal (common peroneal) nerve symptoms] would appear to not run afoul [of] the rule against pyramiding. 38 C.F.R § 4.14 (2015)." Defazio v. McDonald, 2015 U.S. App. Vet. Claims LEXIS 1304 (U.S. App. Vet. Cl. Sept. 28, 2015) (non-precedential).
  21. MY QUESTION IS TO FIND OUT IF ANY MEMBER HERE IS RATED FOR LOWER EXTREMITY RADICULOPATHY AND ANY OTHER NERVES
  22. yes ill show here.... but please remember,,, im alreaady rated 10% bilat for radiculopathy DC 8520 and judge knew that .... thats why im confused.. unless judge granted based on what he knew in record should allow it...?
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