[NOD, New C&P Exams, I'm Confused--Please help!!]

So, an SOC may grant some claims while denying others and it isn't necessarily only used for a denial on all claims that were listed?  The VA originally denied all of my claims and I filed the NOD, so they did new C&P exams for the four claims that I appealed (I inadvertently left the fifth one off of the NOD) and all four of them state in the notes, "just as likely as not" by the examiners.  With that being said, while I claimed my knees and have evidence that knee related injuries occurred during my military training, I still have pretty good ROM (120 flexion/extension), the examiner did annotate pain with the ROM, but overall, I'm blessed that as of right now, my biggest issues are fairly constant achiness and real pain with increased exercise.  They are achy and uncomfortable all of the time and that makes me grumpy, but I say I'm blessed right now in the fact that it could be much worse (which I'm guessing as I get older, it will get worse).  Anyway to make a long story short, I suspect that the VA may SC for my knees, but rate them out at a 0%.  The other issues I struggle with that the new C&P's covered are PTSD, IBS, and migraines, all of which were annotated with prior service records, civilian doctor visits, and/or my personal civilian counselor.

 

bc,

Since no one has said much about your knees yet, let me be the first to spout off....right, wrong, or otherwise, I was granted 10% for bilateral patella femoral knee pain syndrome.  It took over 2 years, and it's one of the most repeated physical ailment in my STR.  I fell down a flight of stairs on day 5 of Boot Camp, and landed knees first.

I don't recall if they had any limited ROM tied in to it, but they granted the 10% for painful motion.  I know I was lowballed since they never considered stiffness, with occaisional locking and swelling, nor did they consider the frequent giving out of my knees, either. 

At that time I was young and dumb and had no one to guide or advise me in the ways of the VA.  I recently filed for increase, 15 years after my original award date at was granted additional 10% for each knee.  They kept the 10% pain award and separated each knee for their own 10% rating based on ROM.  It did help that x-rays from 10 years ago and this year showed significant wear and tear on my knees.  BUT.....they still ignored the popping/locking/giving out...which I am going to have to call them on.

So....you may well end up with a 10% award for the pain...hopefully you do, since it would give you some victory to start with.

Semper Fi.

Andyman

[NOD, New C&P Exams, I'm Confused--Please help!!]

Btw, Broncovet, I love the eBenefits analogy.   

Or he could have said "go straight and then turn left, straight and left again, turn left, go straight, Left, straight...left......straight....sorry NASCAR fans, I couldn't resist! LOL!!!

Are you close enough to your VAMC that you can stop in and see the benefits counselor?  If so, they can file a request for your C-file, and complete Military and Military medical record at the same time.  Also, they should be able to assist you with your direct deposit info updates.

And yes, the waiting is the hardest part, and most of it is waiting.

As for your exams, most of the notes on myhealthyvet are usually identical to the exam, so if you can see range of motion measurements on there, than you can use them to guesstimate your ratings on the rating chart, which can be found on here under the CFR rating chart section.

Most VSOs are best at helping themselves.  I too am a DAV sucker, and they haven't done one thing for me yet.  I've  been waiting 2 weeks now, for a response to an email.  Guess I will email them again.

Oh, Welcome to Hadit, best choice you've made in a long time. 

Semper Fi.

Andyman

[C&P doc claims that I am already SCd?????]

i was med boarded out and only got 10 percent for my back and almost $32,000 in cash.

I knew a young Marine that was med boarded out after 2 years.  He only got 10G$, and when he got his SC of 30%, back dated to his med board date, he had to wait till the VA comp equaled his payoff before he started getting any money.  I thought he was getting screwed big time, but he didn't even want to think about it, just wanted to move on with his life at the time..

Thank you all for the advice! I will find out how to get my C file and gather any evidence I can get my hands on. Thanks again for the advice.

Linda, if you are close enough to your VAMC you can go in and speak with the benefits counselor, they will file the request for your C-file.  And they can/will request your service record and service medical record at the same time.  That's what I did.

Andyman

[What does it mean when a claim is reopened]

Can some tell me what form do you use to reopen claim.   I was denied by BVA but now have Imo which I should have sent the first time from VA doctors????????????

You can do it on line @ VA.gov, eBenefits, just like filing an initial claim, you can file to reopen, or reconsider.

[C&P doc claims that I am already SCd?????]

You were med boarded out, and only got 10% for it?  Would seem to me that if it was something serious enough to get med boarded for, then it certainly should be rated a lot higher.  But of course I haven't a clue to what I'm talking about, mostly thinking out loud.

[2nd Rejection - How to proceed?]

Don't ever give them an inch, or else they'll take a mile! 

Semper Fi.

Andyman

[Opinions]

All I can say is this, if you don't have your up to date C-file, request it ASAP!  Same for your complete STR! 

As for the heavy hitters on here, can you post your redacted claim info, so they can view and advise you accordingly?

Semper Fi.

Andyman

[Denied Service Connection For Hearing Loss]

Kinda like saying your hearing is 5X5 even though you're missing one ear completely and half the other one, right? Lol! 

And they wonder why Vets keep on saying that we're still getting screwed in spite of all the recent "fixes".

[HELP]

Kinda figured that much, but didn't know if you knew the guy.

[Sleep Problems/sleep Apnea And Hemoroids/rectal Bleeding]

That's a big negative, Ghost Rider, the pattern is full!!!   AKA "hurry up and wait"!

[Denied Service Connection For Hearing Loss]

rootbeer22,

Seems to me that contractor did not want to find your hearing loss, so she conveniently overlooked it.

[HELP]

Wow, you know G.H.??? 

[Fairly quick]

I know the VA disability comp is non-reportable, for taxes and other stuff.  Also, check your state benefits, most have property tax reduction/elimination that would be well worth your while checking into.  I believe the SSDI is also tax free.  My twin bro gets 100% and SSDI, but his wife works, gives her something to do. 

However, you are correct in assuming that Uncle Sam wants a cut, but only if "he" rates it.  I'm sure your research will show that your VA and SSDI should be non-reportable/non-taxable monies.

Perhaps you may qualify for some type of tax credit/return for certain things, however, if you are exempt from taxes, it might be a moot point.

Congrats on your award.

Semper Fi.

Andyman

[KNEE RANGE EXAM POSITIONS]

I went through that this past spring, increase exam.  He checked the ROM, but ignored any and all comments for stiffness, locking, looseness and giving out.  The x-rays did show increased degeneration of my knees.  In the end they separated the bilateral knees to each individual, but kept the bilateral pain rating. 

[PTSD "TO INCLUDE SLEEP DISTURBANCE" Help]

Hmm, judging by that article you posted, Buck, I'm screwed on that one.

[Denied Service Connection For Hearing Loss]

I too had tinnitus given, no questions asked, based on my MOS.  I was given a 0% for hearing loss that was bumped to 10% after 8 years.  No explanation given, and since it didn't raise my overall rating at that time, I didn't notice the change for 8 years.

[High Tryglicerides and link to diabetes]

Don't know nuthin, but I remember seeing high cholesterol on one or two blood labs in my STR.  Also remember not being told about it, either.

[PTSD, Sleep Apnea, and Dysthmic Disorder]

Good one, Vync

["Denied because disability not clinically diagnosed"]

Yessir, my local records office is very useful indeed.  The ladies that run that ship keep it tidy and serviceable. 

Now, a question, I have an appointment for my PCP sometime in January...if I tell him that I've been suffering from acid reflux/GERD symptoms for sometime now, and he puts in the request for treatment...can I use that as my basis for initiating a claim for NSAID useage side effects? 

My PCP is one of the MDs that prescribed them to me over the years.

Thanks,

Andy

[closed claim? by the 10th]

Thanks Hamslice  & broncovet

Yes I always certify return receipt EVERYTHING I send to the VA,

I have my proof  but in some cases I read that the VA is not responsible for things getting ''lost'' in the mail

 

.................Buck

With the tracking number on your green card that was stamped Oct 19th, you can check on line and see when it was delivered to the sight, and when it was signed for.  I did that, recently, and saw that it sat at the PO in Newnan GA for 2 days before it was picked up by the VA intake center's rep.

[msattler]

Judging by your timeframe, I shouldn't even bother worrying about my EED NOD, filed a few weeks ago, until 2018 at the earliest.

 

["Denied because disability not clinically diagnosed"]

Andyman do you have a copy of your care at the VAMC? If not get one.  I you can't go to the VAMC do it via eVet. Not sure whether your care is strictly VA or not.

I can get it easy enough.  I do have a complete print out of all the meds prescribed by the VA since the start of my active treatment with them.  I have a pretty good chunk of time where I was getting ibuprofen through the VA, for SCDs, and it shows where I ordered refills, month after month after month.  I used it to show chronic pain for a claim, recently.

Whenever they asked if it was causing stomach issues, I never connected the heartburn/acid reflux with stomach issues.  I was switched to tylenol for hypertension reasons.

I go to my VAMC quite often, so I will stop in at the info release office to get treatment records from my PCP.

[PTSD "TO INCLUDE SLEEP DISTURBANCE" Help]

Andy only if it service connected.  It will be a cold day in hell before I get connected for that I think.  Doesn't stop me from trying though.

I found a health questionaire from the year before I EASed, and I had marked off trouble sleeping, and noted that I had resorted to alcohol and OTC sleep aids, for the 3 years leading up to the point of the questionaire.  So, while no treatment given, I noted that I was having problems sleeping.  So that, I hope, is good enough.

[HELP]

Adaz,

You will need your service treatment record(STR) to start with.  If you have it, then you can go through it for any treatments you received for any injury or illness while on AD.  These are the basis for making your claims for service connection. 

You can file a claim for secondary for your other knee that is not SC at this time...secondary to the knee that is SC already.  Same for your back.

If you don't have a copy of your C-file, request that as well.  It will contain all info related to your claims previously filed with the VA, including the C&P exams for each claim.

Semper Fi.

Andyman

[PTSD "TO INCLUDE SLEEP DISTURBANCE" Help]

Buck,

Someone on here, not sure who it was, but they said that you can file one as secondary to the other at the same time. 

I filed for sleep disturbances, a few weeks ago, and submitted my private MD DX of SA, with the results and diagnosis from my sleep study.  My recent MH C&P examiner noted in his opinion notes that I suffer from chronic sleep disturbance issues....we'll see how the Good Lord chooses to bless me with the outcome from that.

Andy