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Andyman73
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Posts posted by Andyman73
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On 2/17/2016 at 4:31 PM, toddt said:
There are three things you need in order to be compensated by the VA
1. An injury, illness, or event acquired while you were serving in the military.
2. A current diagnosis or disability, or recurring or persistent symptoms of a disability.
3. Competent and credible evidence that shows the injury is related to the current diagnosis.
Because you are already service connected for one leg (and the doctor states that your other leg is due to your service connected leg) why go through the hassle of trying to prove that your non service connected leg is service connected? You have already got a doctors 100% statement that your one leg is the result of a service connected leg. . .Sounds like a slam dunk to me.
Don't forget the brick, cuz sometimes the dunk don't stick. I recently filed R ankle secondary to L ankle(SC since day one) and feet9also SCD). The examiner noted ROM, and opined that it was due to the bilateral foot condition. I can't remember if he said "at least as likely, or more than likely". But either way, he said it was due to the SC foot condition. However ebenefits is showing it listed as primary, even tho I filed it as secondary, and denied it. I'm waiting on my letter to see why they denied what the examiner said was SC secondary to already SCD.
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Nothing will really change until the person on top decides to do the right thing. How long has it been since that "person"(who ever they might be) ever really cared about Veterans and ensuring the VA does the right thing for every single one of us? When was the last "person on top" an AD Veteran? Bush the first???
Who is going to bat for us on that stage? Seems all we ever hear about is how "something" must be done to correct and prevent future scandals. And "something" must be done to reduce the suicide rate and attempt rate among Veterans. But that's all lip service, nothing more.
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Corpsman8404,
I know I clench, I have the ridge of scar tissue inside my cheeks. And my jaw muscles are so over developed that my dentist took pictures for his files. Actually he was quite beside himself when he was documenting that. He was pointing it out to the hygenist and intern who were in the exam room with us.
I actually filed for painful jaw condition instead of TMJ, since I have very little tmj related pain. Interestingly enough, in my SMR, it is noted that I had premature and excessive wear on my molars. But that didn't concern the dentist at all while treating me during my AD years. They were just interested in trying to resolve my painful jaw condition.
But that's my lot in life, I suppose...
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Is it possible that my dentist can make the connection between excessive wear on my teeth with SA? He's the one who really pushed me to get checked. He said in his professional experience, more folks with badly worn teeth, due to bruxism or clenching, than not, also have SA/OSA.
Navy4Life,
I see you've outgrown your Miley Cyrus tongue out phase, lookin real sharp, channeling your OG Charlie's Angels look! Killer classy for sure!
As always,
Andy
- Corpsman8404 and rwskitch
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Capt. Contaminate,
I appreciate you taking the time to write. I'm going down this narrow and winding trail on my own. Dad provided a copy of his DD214, showing his Nam service and medals and dates of in-country B O G. He recently went through the AO physical exam process. They found no current ailments that they were willing to attribute to his 3 known documented exposures. I guess hypertension isn't one of them.
Many moons ago, when I first noticed that the radiology reports from the VA showed the spina bifida S-1, I asked them about it. They told me that since it was born with it, they don't do anything with or for it. No questions asked about my parents if they served, or where.
When I was going through a sports physical, at age 9, doc noticed my hips were not evenly aligned, x-rays showed scoliosis. That was the end of it. My folks were not the doctoring type. For example, 5 years later I broke my foot, but had to walk to school the next day, so the school nurse could call home and say that I need to get my obviously swollen foot checked out.
I fully expect to be denied, since that has been my overall experience. I know that the level one symptoms breakdown does say that a sufferer doesn't have to be symptomatic to qualify for Level I. It goes right along with most other ailments that get denied on a daily basis, if you aren't obviously effected by your disability, then it must not be much of anything, so either low-ball or denial.
None-the-less, it will only be hurting me if I don't try. And if there ever is a change where 2nd gen kids(grandkids of exposed Vets) gain any standing, I want my place established.
Thanks again.
Andyman
Semper Fi.
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Navy4Life...
I am at a loss for words...I pray for strength for your husband, to be strong for you and support you 1000%. I wish I could say more but reading this is messing with my mind right now. As always, I continue to pray for you, and all others here in Hadit land.
Semper Fi.
Andy
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Ok, update time,
I saw my PCP on Friday. Spoke about a bunch of stuff. He requested a MRI for my neck. He looked at my current VA treatment records and saw where it has been over 3 years now since I started complaining about my neck, shortly after my 39th birthday. He saw the x-ray report from last year's exam and the radiologist noted spurs on C4, C-5, and C-6. He also saw his own notes from before that timeframe, about my complaining of numbness and tingling. It has progressed to include hot spots on the surface of my for-arms and backs of my hands, that feels like a steam scald or sunburn.
I told him about the Jaw pain, but also said that I already have an appointment with my private dentist.
As for my lowback/hip pain, we discussed in detail. He showed me what the illiac crest is...the broad bony plates in your hip/pelvic region. I now have an appointment with a physiatrist for further treatment regarding that. Hopefully will be able to get some good info in regards to what is causing my pain and if it is in fact caused by my low back conditions.
Semper Fi.
Andyman
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Update, since I filed the NOD for EED, I got their reply and chose the DRO path. After more than 2 months of waiting I got another letter in the mail, yesterday. They are requesting I submit evidence for my NOD. Since mine is for EED, should I resubmit all evidence I have in regards to all my foot/feet issues?
Some background info; Since I had received my C-file back in July, I found an old C&P for my feet, from back in '06. The exam found several issues with my feet. But then nothing was decided, for or against. Then this past summer I filed for SC for my feet, and was awarded 30% for pes cavus with plantar fasciitis bilateral. This was also found during the 2006 exam. The only difference being the 2015 exam was found in my favor, and the 2006 exam was left undecided.
Thanks,
Andy
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That's about the size of it.
I appreciate your candor.
Andy
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Asknod,
I do realize that I'm standing at the gateway to some bronze age labyrinth that has fabulous treasure in the middle. And I know all the paths lead to another gateway to the outside, and that what ever chance I have to successfully complete my journey will be fully dependent on God's hand, or pure accident.
All of my life has been preordained by Him, but living it sure seems that it has been mostly ignored. That is to say, no good luck, or bad, or even plain ol' dumb luck. Nothing has ever fallen into my lap, and Murphy hasn't been chasing me with his "law" either.
Everything I have ever done has only ever been minimally successful, no matter the risk involved, or lack there of. And in hindsight, even this path I have stepped out on, will most likely end in nothingness. But even a dog gets to eat the crumbs that fall off it's master's table.
I take no offense to what was said, I know it wasn't offered in offense. But I have to believe that as long as I don't give up, roll over and die, that I have some tiny shred of a chance.
In the end, maybe there will be some information learned, some knowledge gained, that would help somebody who's claim is truly legitmate, and certainly more deserving than I.
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Asknod,
I mean no disrespect at all. I also believe I may have a legitimate claim. I first saw the SB on a letter from the VA. When I asked about it, I was told that I was born with it and they(VA) don't do birth defects.
Last year when I got my C-file, I saw that x-rays from near the end time of my enlistment, showed SB at S-1. It also showed other things that either didn't make it into that decision letter, or were downplayed.
If I've been told all these years that the source of my back pain is this or that, but not all things in total...what then. Am I to ignore what they found, and neglected to tell me?
I have looked into the symptoms of the SB, and it clearly says that Level I may be non-symptomatic, or have mild symptoms that don't interfere with life, at all.
I also have a copy of Dad's first DD214, which shows 4 different RVN related medals, one a RVN service ribbon with 3 bronze stars, another RVN combat medal with 60D(Not sure what that is). He also showed me his travel orders which puts him in half a dozen FBs in the central highlands.
As for the rest of it, all of you got shafted and disrespected, when you came home. You all have my utmost undying respect.
Oh, as for what symptoms I have that are recognized in conjunction with SB...scoliosis, misaligned hips, both of which were issues noticed while as a child. And high arches, also noticed as a child. The skeletal issues were first noticed during a well child physical for sports.
Also skin conditions that have plagued me since childhood also. I've enjoyed ADD also, since I was a kid, and depression, that became evident in my young adult years.
According to the VA's breakdown of symptoms and the Level's which they fall into, most of mine are in Level I. And again it states that symptoms may not even be evident. Living with various things that aren't neccessarily worthy of doctor's treatment, doesn't mean that they don't exist, or affect your way of life.
And if I am wrong, then, I humbly stand before you and await my judgement and resulting consequences that follow.
Andy
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Chuck,
No...say it ain't so! It's been over 2 weeks now that ebennies has showed "decision letter mailed." So...how long should it take to get that in the mail, when the VARO is about 75 miles away?
Andy
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3 hours ago, asknod said:
What level of disability are you claiming due to the Spina bifida? More precisely, what symptoms are you listing (i.e. IQ below 90, incontinence, etc.)? Seems they may take a dim view of granting anything compensable if you were able to serve in the military. Remember, the presumption of soundness attached to you unless it was annotated in the induction physical that you had spina bifida.
From what I have gathered reading the SP ratings cases, the effects must be apparent and disabling at the Level one stage early on. If they resolve over time, the rating decreases.
Asknod,
I think it may be some of the cause of my low back pain. While I did fall down the stairs on day 5 of my 6 year enlistment, there was only low back pain associated with said flight down stairs...it was during my first C&P exam, held while still on active duty, that the SB was noted. These are the first X-rays of my back to my knowledge. As far as the ER visit after the fall, I only know of film of my knees, and even that is lost in the wind.
I did have some issues with scoliosis as a kid, and one hip registered higher than the other, but not noted during my entry exam. I do expect them to run me through the ringer. I have also read the the stages and symptoms of each, and will let the chips fall where they may. But at least it will be noted that I did file a claim for the AO/SB. For what ever may come in the future.
Berta,
When I first mentioned this to my father, he was noticeably affected by this. And when I spoke to the VA rep at my VAMC, she said I was her first in the 15 years or so that she could recall.
I will keep you all updated.
Semper Fi.
Andy
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Buck,
Thanks for sharing that!!!!! I printed it out right away. Hmmm...some good stuff there, might even be able to use it the correct some errors of VA misjudgement!
Semper Fi.
Andy
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Been a little while, but there has been some recent, if only very slight, movement on this claim. I received a packet in the mail from the AO office in Colorado. They wanted me to fill out a SB/AO claim form and submit whatever evidence, to include proof of Daddy's Nam service. So I filled it out and will mail it off tomorrow, certified/registered/return receipt/green card mail.
Previously I had only the first official awards letter from 1999 mentioning SB @ S1. But I found a copy of a C&P exam I had, whilst still on AD. And at the end of the doc's notes was an addendum for radiological findings...first on the list for my back was Spina Bifida S1. And this was about 10 weeks before my EAS.
So that's that.
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I just had a claim denied that was filed on August 24th, 2015, well, I haven't gotten the letter yet, so could be a few more days added on to it. 163 and counting for that one.
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That's the main reason I went 15 years between SC awards.
Was worn down from nearly 2 years of fighting for my knees, which encompass about 25% of my SMR entries. Was kinda ironic, when I fell down those stairs, I landed knees first and then chest...but they gave me low back strain/pain right away when I first filed.
2nd Rejection - How to proceed?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Therapy horsemanship, nice! A local fellow runs a little horse riding therapy op. Last I knew he takes paying customers on a case by case basis(non-theraputic). But donates/volunteers/absorbs all costs associated with the therapy riders. He mostly deals with children as his main therapy ridership, but does take adult therapy riders when he has time slots available. This he does on his own hours after his day job.