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helman35
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Posts posted by helman35
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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.
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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?
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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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Freedom of Information Act / Privacy Act Request
02/20/2015 Appeal Is Possible View Appeals StatusGeorgiapapa, 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.
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Thank you Georgiapapa. This can be overwhelming but I think I am gaining clarity. I contacted a ENT about an IMO on the Menieres Disease and if he is an expert. Navywife thought I should use the Seizures lastly so I am not pyrmiding the conditions.
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Thank you Georgiapapa. I searched on google and found some information but wasn't a 100% sure. The request I sent on Wednesday Form 3288 was sent Certified. It has not been received as of this morning. This must be the request Ms L. Hines put in for me on 1/21/2015. I believe her title was Public Informations Manager at the New Orleans VA. She is the one that entered the Claim for me, and told me that she would put in a request that I receive my file and medical records.
I read on the head trauma. Seizures do not often occur and can go years before showing up. My effects were gradual from 1987 to 1990. What does presumtive mean? IE My SMR should have the blow to the head and ARDS in them. Even though I did not go to sick call complaining about the occasional dizzy spells. Would these two Injuries be presumtive since they both have serious medical complications?
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Georgiapapa and Navywife, I checked my claim today and it was updated. States that it is requesting a Freedom of Information Act / Privacy Act . What is this? I put them in descending order. All though the dates went fom 1/21/2015 to 1/22/2015 the 1/22/2015 didn't show up till today. Is this something I am waiting to get from VA? Or something I need to search the web for? I find it odd no disabilities claimed on the new update.
Received: 01/21/2015 (Compensation)Estimated Completion Date: 08/03/2015 to 01/03/2016
The time it takes to complete your claim depends on factors like the type of claim and the type of disability claimed.The estimated dates are based on a statistical analysis of historical processing times for similar claims. Some things you should know:Disabilities Claimed: HEAD INJURY W/ EQUILIBRIUM RESIDUALS; possible Meniere's Disease or Vertigo (New), RESPIRATORY CONDITION (New), BILATERAL ANKLE INJURY (New), SINUSITIS (New)
Current Status: Gathering of EvidenceReceived: 01/22/2015 (Freedom of Information Act / Privacy Act Request) Estimated Completion Date: At this time, your Regional Office is unable to provide an estimated completion date for this type of claim.
At this time there are so few claims like yours, that we cannot statistically project a completion date. Your claim will be completed as quickly and accurately as possible.Disabilities Claimed: PRIVACY ACT REQUEST (New)
Current Status: Under Review
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Georgiapapa and Navywife thank you so much for the information. Your direction will help a lot. Like I said, I am new to this. I should have pursued this earlier but I just lost the motivation for the fight. I requested my C-File but what I have read that will take some time. Would the C-File contain my SMR? What actually is in a C-File?
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I will find out about the FDC. This is what it states on Ebenefits. I am unsure what is in my Medical File. I know I had the symptoms I have now, but at that time they were not as often or as strong. IE I would have dizzy spell but go away quickly. I know the Head Injury, ARDS are in there.
- Received: 01/21/2015 (Compensation)
- Estimated Completion Date: 08/03/2015 to 01/03/2016
The time it takes to complete your claim depends on factors like the type of claim and the type of disability claimed.
The estimated dates are based on a statistical analysis of historical processing times for similar claims. Some things you should know:
- Historical data may not accurately predict current conditions. Your claim may take longer.
- Dates may change as the statistical analysis is updated.
- Some claims will take longer than the range of dates given as they are based on an average.
Submitting the supporting documentation that has been requested quickly and electronically is the surest way to get your claim decided as quickly as possible.
- Disabilities Claimed: HEAD INJURY W/ EQUILIBRIUM RESIDUALS; possible Meniere's Disease or Vertigo (New), RESPIRATORY CONDITION (New), BILATERAL ANKLE INJURY (New), SINUSITIS (New)
- Current Status: Gathering of Evidence
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I read on FDC. I am unsure of this since it was the New Orleans Regional Office that iniated the claim for me. So I am not sure. I do see this on Ebenefits a hyperlink to ask the VA to evaluate the claim as soon as possible.
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I am not sure if my claim is a FDC. Should I submit this as FDC?
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Should I wait to get my Service Medical Records before I go see a private Dr?
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Georgiapapa,
Thank you I will take your advice and proceed in that direction. In my VA Medical Files that I have, it shows the treatment of Seziures from 1996 to 2003. In those records is the abnormal ENG of 1999. In the Primary Care Visits, Neourology Visits as well as the other Dr Visits it states symptoms of Loss of Balance, Dizzy Spells, Headaches and Migrains, nausea and tinitus. With all this there was not a diagnosis of Menieres Disease. I did not know anything about this till my neices husband (Airforce Dr) told her thats what he felt I was suffering from. So in the meantime I read I should get a copy of my 1996 C-File claim While trying to get a copy of the C-File the New Orleans RO open a new claim January 21st. So I havent been seen by anyone private or VA with the symptoms.
I will start looking for someone that is a Meniners Disease Specialist.
As I asked Navy Wife should I list Seizures with my Disabilities?
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So would the Head Injury count as a TBI claim? I Requested my Medical Service Records, I only received 5 pages. Those pages only consisted of the ARDS and Hospitalization. I requested them again and sent that off about 3 weeks ago. I spoke to a L.Hines at the New Orleans RO about filing the claim. She is the one that entered it for me at the direction of her Director. Since I live in Ms they were unsure if the Jackson Ms RO would take this. It was decided by the Director for them to handle my claim. She was to make entry that I wanted a copy of my C-File and my Military Medical Records. That was on January 21st. As of today I have not recievd them. I sent a Form 3288 in today to request the C-File. Shouild I call the New Orleans RO and have them add Seizures? Or should I do a new claim on Ebenefits?
I have read alot on this forum and sounds like good advice was not to use a Veteran Service Officer.
NOD Review
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
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