helman35

Sorry, it took me so long to post. With my Neurocogintive Disorder I sit and stare at things before I can honestly understand. I forget things so It takes me a bit to realize what I have done with it. I notice that I have a date of 2014 on some forms, it was supposed to be 2016, April 2016 is when i filed NOD. With the MSR Summary I sent those Medical Reports of the VA and Military Service Records in with each document marked with signifying stamp. As I said, the only medical records I see missing are the assault in 1988. I was only able to provide a wittiness /buddy statement of a solider that was in the room when it occurred. He stated how and what happen, that I was taken by ambulance unconsciousness. I attempted to remember others, but my memory is very vague from that day to when I was a child. thank you for your help, even if it looks hopless. Kristin

NOD.pdf All Treatment Summary.docx Ankle Treatment Summary.docx Audioology Treatment Summary.docx Breakdown of Each File.docx C&P Exams and Dianosis.docx Dizziness Vertigo Meniers.docx Respiratory Treatment Summary.docx Sinusitis and Rhinitis.docx

Rating Decision 1997 and 2015.pdf

Gadstone, The Veteran Service Office at the Biloxi Health Care System recomended me to have a DRO review, if I recall right he stated that it gave me a fresh look at the claim and still could have the DRO Hearing if there was no change in decisions. "Have you provided the VA Mandatory DRO Review required New & Material Evidence? When and what did you submit?" <---- I am unsure what this is. , I prepared a Notice of Disagreement a and submitted it a few weeks prior to the year deadline. In the NOD I broke down each contention and the medical evidence I had from my MSR. When I went to the scheduled C&P Exams these were not available to the Nurse Practitioner at the Diberville Spa and Clinic (NOT KIDDING). I had a claim in 1997, I never knew the status of the claim, assumed since I was receiving free health care from the VA, my claim was approved. Didnt know much about C&P. In 2015 my Brother (E-9 Retired) was under the impression I was receiving C&P. When I told him I was not, he encouraged me to find out status.Jan 2015 Called the New Orleans RO and they started a new claim for me over the phone. Told them my issues and they typed a claim. They sent me to the Spa for C&P. All claims were denied, except Rhinitis 10% and Sinusitis 0%.. They denied Left Ankle, saying the Arthritis was not Military Related. I injured ankle twice on cruches for about 8 months of 4 year carrer. Actually ETS with ankle wrapped. Didnt get ETS exam. Showed all hospital and physician notes on chronic left ankle pain. Even up to 15 days prior to ETS in 1990. VA Dr in Biloxi says left ankle arthropathy MRI shows MRI shows a chronically torn anterior talofibular ligament with scarring. There is multiple small ossifications along the medial joint line associated with bony changes. Subchondral cysts are also presumed posttraumatic. Assessment: Chronic ATFL tear with ankle arthropathy which is traumatic. The Biloxi VA doesnt have a Orthopedic Surgeon. They sent to to University South Alabama, and this Dr says that I have a current torn Anterior and Posterior ATFL. I also in 1999 I was diagnosed with a Bi Lateral Perpherial Dysfuntion to the greatest Degree. I didnt know those results till 2015 too. I have 2 additional test that say that support this. Neurologist says it Ear, ENT says its Cerebelum. They sent to me a Choice Program Neurologist, and now he has diagnosed me with Parkinsonian Disorder. DATSCAN supported this. He believes now the symptoms suggest its Multiple System Atrophy. This is such a Rare Disease he wants me to see a Movement Specialist at LSU. Still waiting. In 1988. I was assaulted in my barracks by another troop where he slammed my head into a wall locker. Of course no Medial records. None in my file. The only thing I have is a witness statement from another soldier who witness it. I have searched and searched for records, contacting hospital, US Senator for help. Its been tough. My tremors have gotten bad and body aches. The dizziness and balance issues daily dont help. Come home from work and just totally exhausted. Been hard on my wife and 4 young daughters. I called the DAV in Mississippi last year and they wouldn't help me by representing me. Is there anyone else or have information. I would be happy to post my NOD and Forms but I put alot of things together.

I have a question. I received my Denials for Service Connected Disabilities in April 2015. I prepared my Notice of Disagreement in April 2016. I was unaware about receiving help from a Organization like American Legion,, Disable American Veterans and et:. I was told I should see a Veteran Service Office with the Biloxi VA Medical Center. I went in with my NOD and he sent it up to the Regional Office in Jackson. I requested a DRO Review. I check ed on Ebenefits today and still do not have a Date of Completion. Is this normal? It will be 2 years in April and assumed I would at least see a date. I also called the Veteran Service Organization Disable American Veterans, because I read that the DRO at the Regional Office likes to speak to a Veteran Service Rep when discussing the case. They informed me that since I prepared my own Notice of Disagreement that they could not represent me. Is this the rule or law, I was kind of blown away by this statement. I thought when I went to see Mr. Lee at the Biloxi VA Medical Center, I was being represented and I was changing representatives. Can someone help explain all this to me. Should I see a date? 4/27/2016 Appeal Pending - Notice of Disagreement VA has received your Notice of Disagreement. You will be receiving a communication from VA in the near future describing the next steps of your appeal. Date not availabl

Ms Lotzaspotz thank you for the referal. I will look at their page. Buck, Thank you for the advice. When I filed the Claim in 1996 I did not know much about Veterans Benefits. I did not know there was such a thing as Compensation. I thought since I was being treated for free at the Biloxi VA that my claim had been approved. I just didnt understand while they were treated me for Seizures. My symptoms were loss of balance, vertigo, dizziness and spinning sensation, falling down. I told my neurologist 3 years later i had not gotten better. She did the ENG test in 1999 that showed I had a Bilateral Perpherial Dysfunction which support a bilateral weakness to the greatest degree. I didnt find out the results of this test till I was given a copy of my medical recrods in 2002. At that time I wasnt sure what all that medical terminology meant. I just dealt with my disabilities and how I felt and just lived. I didnt pursue the Claim for Disability until January 2015. I read on this web site to seek my entire 1996 C-File. Ms Hines with the New Orleans RO put in a request and I have sent 3 Request. The only thing the VA sent me was the actual rating decison for the 1996 Claim. They have not sent me the entier file. I will request the 2015 File as well. I am new to this. Like I said I did not understand the VA Benefits and C&P. I didnt have a computer in 1996 to gain more knowledge. I am doing this now. Hadit.com has been a great source of information and advice. I may have pursued this years ago if I knew I wasnt the only one out there that experienced this type of challenges. Like I told my wife, I guess I got to a point that I felt if i didnt want to get sick I should have chosed another line of work than the Military. Thank you again Buck Kristin

Thank you everyone for all the advice. I have the C&P Audio test scheduled for May 26th. I am assuming this is for the Tinnitus since it was the only claim that was not updated to say Not Service Connect but to say Defered. I tried reading on testing for Tinnitus and I could not find anything to say a hearing test would do this. Since I went to an Audiologist to have the ENG test done in 1999 that provided the result of Bilateral Peripheral Dysfunction that said I had bilateral weakness to the greatest degree. Would they be trying to refute this with a Audiologist C&P Exam. Im sorry to sound untrusting of the VA but I am. I have not received any Decision Notification as of today. Did see the deposit for 2 months of the 10% rating for Rhinitis. Lotzaspotz can I ask you the Attorney you used? I have read on some Attorneys and Bergman and Moore seem to stand out to me. Helman35

First thank you all three for the advice. I really appreciated it and the words of wisdom from you. Broncovet, with a DRO what are the percentages of claims and contentions being reversed? Will I have to wait for the tinnitus to be decided in order to request my C-File? I have requested my 1996 C-File and still have not received it. Gastone, yes in 1996 the American Legion filled a claim for me for dizzy spells and respiratory issues. I had developed a Acute Respiratory disease in 1987 and was hospitalized for 4 days. They ruled on my 1996 Claim in 1997 and denied it. In 1999 the VA finally did a EEG test and it said I had a Bilateral Peripheral Dysfunction to the greatest degree. I filed a claim in January of 2015 for this. Its easy to find on Hospital and College Medical Web Sites that this BPD can be caused by a upper respiratory disease and a viral infection. Like a Cold, Flu and or pneumonia. They didn't even send me for a C&P exam for this. My ankles I had 3 or 4 bad Severe Sprains, one in Germany that had me off my feel for 3 months. That was denied. I did have a C&P exam but honestly the Private Dr didn't review my records and had her Nurse Practioneer do the exam. No measurement, had to ask me if I had swelling instead of looking. I did noticed they did schedule me today for a Hearing test for the Tinnitus. Will I receive the denials on the remainder of my claims or will they wait to get results from the Tinnitus? Should I have had a C&P exam of the Bilateral Peripheral Dysfunction? During the C&P could the Dr had said it was unlikely or likely this occurred with the respiratory issue I had in 1987? thank you Helman35

My claim yesterday went from Gathering Evidence to Preparation for Decision to Pending Decision Approval. I wake up this morning to have this. Now the Claim states back at Gathering Evidence stage. Rated Disabilities Disability Rating Decision Related To Effective Date left ankle condition (claimed as left ankle injury) Not Service Connected respiratory condition (also claimed as acute respiratory distress condition) Not Service Connected residuals, traumatic brain injury (claimed as head injury and nausea) Not Service Connected rhinitis (claimed as respiratory condition) 10% Service Connected 01/21/2015 Meniere's Syndrome (also claimed as vertigo, dizziness, and bilateral peripheral dysfunction) Not Service Connected migraine headaches Not Service Connected tinnitus Deferred right ankle condition (claimed as right ankle injury) Not Service Connected chronic sinusitis 0% Service Connected 01/21/2015 seizure condition (claimed as seizures) Not Service Connected What is the best way to Appeal. Hire an Attorney or go through American Legions? I did not even get a C&P exam on Bilateral Peripheral Dysfunction, Tinnitus. I am really supprised they did not Service Connect since I have several injuries, and one that had me off my feel for 3 months in Germany. At the C&P exam the Nurse Practioner didnt do much of an exam and didnt do any measurments. Asked me if I had swelling versus looking. I have googled VA Disability Attorneys but Mississippi doesnt offer alot. Any suggestions.

Navy04, Will the C&P Exam results from a private physicians office be on myhealthevet. also thank you for the positive feedback and support. I honestly do appreciate it. Helman35

Thank you Navy04 and Philip, considering how the C&P Exam went yesterday I am affraid it will be held up on appeals. The NP took me to the room and said the DR would be in a few. Then the NP shows up to do the C&P. States they did not review my file. On my Ankle's, they didn't do much of an exam. Looked at them, wanted me to press agains her hand. She didn't do any measurement of the Dorsiflexion or Plantorflexion. No ROM. She even asked me if I had and swelling or pain today. She asked if it interfered with my ability to work and if I had missed days. I told her I don't miss work, should I, Yes. But missing work doesnt't pay the bills. I work in a factory and on my feel 8 hours a day. I told her if they hurt to bad I will go and sit for a few. She says, so they have Sedentary work for you to do, I said no. Bottom line If I am not out working then things are not being done. Asked me on a scale of 1 to 10 the daily pain. I said 7. Thats about the exam. On the Chornic Bronchitis and Chronic Sinusitis, she listen to my breath, did a pulmanary test with a hand held device that honestly was a efficient test. Asked about the history. Told her I have had issues since I was hospitalized in 1987 for 4 days with ARD (Acute Respiratory Disease). Told her I have had issues since, but going to Sick Call was not an option most times for one reason or another. The Military is not very supportive in that. Plus being on a Hill Top on the DMZ in Korea you don't have that luxury for 60 days at a time. Wished I could say I had a good feeling, but not knowing what she would write on the DBQ for meaurments is up for grabs. helman35

I had a Claim in 1996 for Dizziness and Respiratory Issues. I was denied in 1997 stating that there was no evidence that these were Service Connected. Also said that Dizziness was as symptom not a diagnosis. I didn't pursue this till 2015 and discovered that is what the American Legion had listed. A New Claim was open up for me by the New Orleans Regional Office for Disabilities Claimed: head injury with residual equilibrium problems/possible Meniere's syndrome or vertigo (New), acute respiratory distress condition (New), bilateral ankle injury (New), chronic sinusitis (New), Seizures, grand mal (New), tinnitus (New), rhinitis (New) The VA contracted Logistic Health Inc to handle my C&P Exams. I just got back from my Exam and the Nurse Practioner stated they were only looking at my Ankle Issues, Chrominc Bronchitis, Chronic Sinusitis and Rhinitis. That they were not asked to look at the Other Issues of Vertigo, possible Menieres / Seizures and Tinnitus. I called LHI and they stated that the VA didnt ask them to look at these issues. Will the VA issue a C&P for these? I assume they do not have too but wouldnt they want too? The NP didnt do any measurements on my ankle, honestly barley touched them. Did XRays on Ankles, Sinus and Chest. I have requeted my C-File from 1996 but only received the Decsion and Denial. I requested it again and still have not received it. I have also requested my SMR 4 months ago and have not gotten them. I know in my SMR there is I developed Acute Respiratory Disease in 1987. I complained of Dizziness in 1989. (I didnt know that Vertigo, Disequallibirum and Dizzness are different things). I know the Ankle issues are in my SMR. As for Menieres no diagonisis, all though the VA did an ENG test that showed I had Bilatteral Weakness to the Greatest Degree, supported Bilatteral Periphial Dysfuntion. (I attributed this from the Penmonia and ARD i was hospitalized in 1987 for 4 days with). This supports Vestibular Dysfuntion also associated with Menieres Disease. Also VA XRays that show I have Chronic Sinitius and Moderate Restrtive Respiratory issues. Do you feel the VA will request C&P Exam? thank you for any and all input helman35

Thank you Navy04. Please share with me your Results. Is this for Menieres Disease or is it a C&P? Looking over your Ratings and wow. Its F-Uped.

Ok, so you think this maybe standard practice with everything they decide on? Because of my last claim with them in 1996 I am apprehensive when it comes to the VA. I want to make sure I am on top of everything I can be.

01/22/2015 Freedom of Information Act / Privacy Act Request 02/20/2015 Appeal Is Possible View Appeals Status Georgiapapa, I just looked at the FOIA request and it shows it closed on 2/20/2015 and states an Appeal is Possible. Is this saying that asking for a copy of my C-File has been denied? I thought you were entitled to your C-File.