Andyman73

Berta, Should I try to file a claim myself, since I did sit with the benefits counselor at Lebenon VAMC. How do I get around their smoke screen? Andy

PR & GP, I did file the claim, that's how I learned about the paternal link being questioned. It came back from the office that handles this type of claim. But, since you said that, I will call the E.H. office and question the issue about not needing Dad's AO cliam first. I did give them a copy of Dad's DD-214 that clearly showed Nam service. Andy PS; The forms I submitted were my and his DD-214's which has him listed as my next of kin, and his shows RVN service. And a page of my original VA rating letter stating that their X-ray showed spina bifida...Their own X-Ray!!!

Steph, Perhaps you can sit down with him and go over his SMR and look at what injuries or issues he had and see if anything isn't being addressed. I am finding out that you have to claim everything separately, like sciatica, because they won't automatically give it just because your disc is blown out and pressing against your spinal column. iceturkee, Comparing notes is how I learned about claiming the sciatica as a stand alone SCD claim. Strength in numbers! Icurle, Have you tried requesting an MRI? I don't know if that's something we can do, with the claims process, or not. Semper Fi Andy

U deserve only the best! Congratulations!!!

Iceturkee, I'm not exactly sure. I have a copy of the C&P Doc's report, but it only has her notes. I will have to look at them when I get off work, today, and see what she noted from the MRI. The MRI made all the difference, tho. I will have to get a copy of the MRI notes as well, and then post them here. Will take me a few days, since I can only get to the VA on Monday's normally, since I'm off work on Mondays. Semper Fi. Andy

Steph, Not sure, I looked back through the posts to see which one mentioned the 20%, but didn't see it. Has your BF tried for other back related claims? I recently was awarded an increase from 10 to 40% for "Low back strain". I would have thought that the DDD would have been more serious...and that's been there since the beginning. And I just found out that I have to claim sciatica( for both legs) separately even though they are caused by the DDD in my S-1. I also have some kind of sharp piercing pain about mid-way along my spine whenever I move a certain way. Guess the muscle pain doesn't matter either. Semper Fi! USMC(Dept. of Navy) Andy

Hey, it's me, again. I have some update info to share. According to the Enviromental Health rep at Leb. VA, she said that the AO office contacted her, and then she contacted me. You can not file a claim as a Child of AO 'Nam Vet, without the said named Nam Vet having first filed their own AO claim. So...my claim has been sent back down to the farm leagues to get more experience. I called my Dad to let him know. So....that's that. Berta, I asked him if he would be willing to let me post his claims and denials on here, to see what ya'll think, without any PII(HIPPA), and he said he'll have to think about it . Semper Fi. Andy

Steph, Ok, thanks. I will see what I can manage, then will ask for "tech support" ! Semper Fi.

Well, Let me tell you something!(hear Fire Marshall Bill from In living color tv show). My folks are the legal adopted parents of one of my brother's 2 kids. They get SSI allotment for them, cuz they are minors and my folks are retired. But Dad gets the VA bump for them as well. That's here in PA.

Denied because his SC is "only" 20%? Are they reaching that far to find a reason to deny?

Steph, I'll try to scan and attach, but my tech kung fu is weak. I've managed to bluff my way this far using eBnefits. Semper Fi As for the rest of you motley bunch...thanks for the advice. Semper Fi Andy

GP, I will post progress reports as things move along. Thanks for your support. Semper Fi Berta, I will be checking out those links you posted. The first time that I can recall ever hearing SB in reference to me was on my I initial rating letter from May of 1999. When I asked about it, I was told it's congenital and we(VA) don't cover that. He retired in 1992, after 24 years in the Army. I think he only made one claim, his initial one with everything in it. And it came back with yays and nays in '93. He was awarded 70%, mostly due to being on a twin engine bulldozer that was hit by a VC rocket. Around the same time the concurrent receipt issues was being worked on, VA contacted him said oops we screwed up and knocked 10% off is rating. His father passed 4 yrs after he came home from Nam. Dad was only 26. Grandpa was in WWII, and Grandma lived it as a teen growing up in Bremen, Germany. Dad couldn't talk to his Mom about it, and never really had much time to talk with his Father. Growing up we NEVER talked about Nam. He would only give short answers when asked. I read hundreds books about Nam, growing up. Just to try to understand why my Dad was different than other kids' Dads were. As for health issues, I know he has hypertension. Also has had some skin cancer issues. He has nerve damage and most likely arthritis from the aforementioned bulldozer experience. I know he has back problems, it was his reason he couldn't play ball or roughhouse with his 3 sons. When I spoke with him, the other day, about filing his own AO claim, and claims for all else, he quickly warned me to back off. Said he will think about it. But I will ask him if he would be willing to let me post some info on here to see what the Hadit family says. I can still hear the change in his voice, when I told him over the phone, that I have SB. It was like he knew it was from AO through him. I appreciate your encouragement Berta, I think this going to be a long journey for my Dad and I. Semper Fi, Andy

Ok, guys, thanks for your guidance. Now, should I send them all in one mailing, or separate them out? Of course I will be using the certified and return receipt from USPS. Semper Fi Andy

Yes!!!! Hope it keeps getting better and better for you! Semper Fi.

Well, I done gone and did it. I was at Leb. VA for C&P for knee increase. While killing time I spoke with the Enviro. Health rep. Gave her a copy of my DD-214 and my father's. Also a copy of the page of my original VA rating letter that stated spina bifida of S-1. She is excited because I am her very first Child of AO. I also spoke with the Bennies counselor, who put in my AO claim, and officially stamped it as received. I am his first as well. Guess I'm #1, huh? I pointed out to him that my proof is the VA's own X-ray and rating letter!!! He said that the regional office for this type of claim is in FL. And he's got no idea what kinda time line we're looking at, here. She was talking to the other person in the Enviro health office, about medical workups and said that I shouldn't need the same kind that a non-Vet Child of AO would need, since I'm already in the VA's system. I'm nervous and excited to see how this will play out. I hope and pray that the burden of proof has already been met, with their own X-ray, and they accept and qualify my claim. I wonder if this will then stand as proof for secondary SCD I may be dealing with. I welcome any and all comments. My Dad, on the other hand, is not sure if he wants to put in his own AO claim. Or any of the laundry list of SC and denied SC claims. When I spoke to him, he seemed like maybe he didn't want to face this giant one more time(VA). I think I may have opened a box that has been sealed and hidden in the farthest region of his mind. Just writing this now is making me feel horrible, what kind of son am I, to release that Dog of War in his mind? Dang...

That's interesting, I recently went through a C&P for increase on my back. The Doc mentioned an MRI, saying if it was her, she would want to. So I went for it, and ended up with increase from 10 to 40% for "lower back strain" inspite of obvious DDD and more at the L5-S1 area. Now I'm looking into whether or not it qualifies as CUE from 17 years ago. The original rating letter from VA stated DDD and disc narrowing, and spina bifida of the S-1. I am learning, mostly due to this site, and encouragement from a young Marine at my job, that I(we) gotta fight...for the right...to(party) receive our due from uncle sam and the VA. Semper Fi.

GP, The evidence is in my SMR, which I do have a complete copy of, and the VA has a digital copy of. And also treatment records from the VA itself. As far as the MRI, it was done at Camp Lejeuene back in 94. I'm not sure how I would go about getting a copy of that. Andy

If I submit a FDC, and all the evidence is already in the VA's system, and/or in my SMR. Do I need to send copies of those reports as evidence? What about an MRI done while on Active Duty? Would they have access to that as well? Semper Fi.

I am not sure, but I think the bilateral factor is added to your total knee % as 10% of that amount. For me it was 3.4 added to 34. But they hosed me big time. I fell down a flight of stairs on day 5 of Boot Camp. Developed a cyst behind R knee 2 yrs later. Had MRI done @ Camp Lejeuene in 94 which confirms that suspicion. It flares up several times a year, like right now. And then about 18 months after I got out they finally gave me 10%. That only came after X-ray @Philly VA showed fracture scar on R kneecap. I have a C&P this Friday and I believe it is for my knees. Letter just said what apps I have, but not what for. I recently aped for increase and knees were not scheduled previously. My current knee rating is 10% for pellatela-femoral syndrome (bilateral). Nothing for pain or limited motion or giving out or locking up. Or the feeling of being on fire when the cyst flares up. I am rather appalled at how much I've been screwed over, these past 17 years. I thank God He lead me to Habit.com. As a side note, after my apps are zone I am going to speak to the Environmental Health rep about a claim for being a child of Nam Vet exposed to AO, with spins bifida.

I have to say, my experience is similar, except for the "slight" part of it. I fell down a flight of cement stairs on day 5 of boot camp....November of 92. I landed on my knees first, then chest and chin. Wore a brace on my R leg for 8 days, then back to regular training cycle. Developed a cyst behind L knee, feels like a fire in there, when it flares up...several times a year. Whole knee gets tight and hurts like hell, then R knee hurts because of the limp. Went to sick call several times over the years, for pain and such. Then took VA 18 months to say, okay, maybe something so here's 10%. What finally did it was the Dr in Philly saw a fracture scar on my R knee cap about 2 inches long. I never knew that. My rating is for bi-lateral petellafemoral(?)knee syndrom. Nothing about the cyst or the fractured knee cap. Got a C&P on May 1st for my knees, gonna let it all hang out. Gonna bring up all those med clinic visits, the MRI and X-RAYS...see what happens.

Axelbrain, I have to say, you certainly went forward in reverse! I got upgraded several weeks ago, for my back. Lots of other stuff was denied, tho. I fell down a flight of stairs during boot camp. That was November of '92. My original rating was 10% for low back strain, despite showing spina bifida, disc narrowing, degenerative disc disease and sciatica down the left leg. That rating was given in early '99. I finally got some relief after my 4th attempt. Now it shows the DDD has progressed to the point that the disc is bulging out enough to touch nerves on both sides. Sciatica in both legs, artharitis now as well as some notable changes on more than half my vertabrae. Doc wrote her opinion that the DDD should have been the original rating. And that the bulging disc as bi-lateral. New rating is still coded as low back strain. Hmm.. I'm thinking CUE. Oh, and this was all because she "mentioned" that she could schedule an MRI. Well, thank the Lord I said yes to that! ICE your pain turkee and it makes me curiuos as well. Semper Fi.

Berta, I noticed you said you thought the 40% for the DDD is possibly too low. I recently was awarded an increase to 40%, but it's coded as low back strain. Is that something I should be looking into? Even the original finding, from 1998 was coded as low back strain, but DDD was noted then, too, as well as disc narrowing. Semper Fi.

I think I may be in a similar situation. I filed for several upgrades and secondary ratings. I had C & P for each except for my knees. On their decision letter it states that an exam is required, so no change. Well duh! That is kinda the point of applying for increase. The exam is so they can see what I already know. And a few days after that I got a letter stating that they are working very hard to ensure a fair and just ruling on my claim. And they requested an exam. Why would they separate my claims out like that? I thought they were going to try to rule on me without even checking me out.

GP, I'm not sure to what extent my nephew is affected by autism. Just that he is in the high functioning end. Does a lot of OCD type actions that are commonly associated with Autism. As for me, I don't know any Vets in this category. Didn't mean to imply there weren't any at all. Andy Simper Fi

Dang, I really need to get a complete copy of my med jacket. I fell down a flight of cement stairs on day 5 of boot camp. Landed knees first. Fast forward a bit, developed a cyst behind L knee that feels like a hot coal when it flares up. MRI at Camp Lejeune in 94 confirms it. Jump ahead to mid 2000, 18 months of VA runaround finally sent to Philly, surfer dude from Baywatch moonlighting as an orthopedic dr shows me my X-ray with a 2 inch scar where my knee cap had been fractured! Only got 10%, but was happy, finally got them to see the light. Now I need those records to ensure they have the correct knee indicated before seeking an increase. I hope and pray you are successful in your persuit and vindicated! Semper Fi!