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ardodd

Second Class Petty Officers
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Everything posted by ardodd

  1. ardodd
    In doing some research about Osteoarthritis I found it very interesting and yet very complicated when it comes to this subject. I am posting this as reference only and it is up to you or your doctor/lawyer or whomever is working with you. This is for research purposes only and is not considered as advice or guidance in your claim. This is a comparison of how the United States Veterans Administration looks at Osteoarthritis. And how the Canadian Veterans Administration looks at Osteoarthritis. United States Veterans Administration Guidelines and Clinical Practices for Osteoarthritis. Canadian Veterans Administration Guidelines and Clinical Practices for Osteoarthritis. When you look at the Topic they both seem to be the same. After reading through the Canadian Guidelines I did a Google Search for US VA Guidelines. I was completely amazed and was able to follow along with the Canadian VA Guidelines very easily, but when I started looking at the US VA Guidelines I was almost dumb founded. I am not sure but it seems like the US Veterans Administration has spent so much time adding way too much mumbo-jumbo in their explanation of Osteoarthritis. As Veterans we should not have to read between the lines to get the answers we are looking for. The Canadian Guidelines are very straight forward and easy enough even a dumb Jarhead "Marine" such as myself can read and follow along. No wonder the VA Health System is so messed up. And Lord have Mercy the ones giving the C/P Exam's along with the Decision Review Officers have to decipher their own code just to give you a fair exam. Take it as you may...I am just posting this so others may be able understand more about Osteoarthritis Guidelines that the two different Governments use.
  2. ardodd
    **UPDATE** Dated: February 02, 2018 From: DVA.VBANOL@VA.GOV New Orleans VA Regional Office communications with DAV (Disabled American Veterans) @Berta Albert received this letter from the New Orleans Regional DAV Office yesterday. It was dated February 02, 2018 which was just over a week now. But it does have some good news about his claims, not everything good but it has all going in a better direction. Upon final approval from VA he will be increased to 100% for both PTSD and Temporary Total Disability. He also qualifies for SMC based on housebound criteria. There are other issue's like the VA RO has asked that he be ruled as Incompetent. Which will help with getting him the correct health professionals. I have attached the letter that he received. If you may notice something that I have missed or may not understand I would appreciate your input greatly. Thank you DAV-BVA 2018 Decision.pdf DAV-BVA 2018 Decision pg.2.pdf
  3. ardodd
    Thank you Buck.... You are 100% Correct. Not one of us can predict what any RO or DRO will do or should do. We can only speculate and hope for the best outcome possible on any Claim. Just because it was approved or denied by one RO or DRO does not mean that it applies to my situation or others situation. All I can do is convey any communications or letters from the VA. And post them when I have more questions. Thank you all for your Helpful Advice and Tips..
  4. ardodd
    I claimed Tinnitus because i was a Combat Engineer that dealt with explosives and around Heavy Equipment 90% of the time. I don't know how they decided to make it as secondary as it is not secondary to any condition or claimed condition. I will look and see exactly what I claimed back in November. Then update.
  5. ardodd
    That is kind of what I am questioning myself. As the VA seems to be deciding what is secondary and not. I did claim for Tinnitus, but it was not listed as secondary to left knee osteoarthritis. Not exactly sure how they come to that conclusion, as my ear is not connected to my knee.
  6. ardodd
    Thank you sir for helping explain this to me. I guess I am way in over my head with this whole VA thing. This is a Wish List I filed: "Like it shows it is a Wish List" What you’ve claimed HIP CONDITION BILATERAL (secondary to left and right knee osteoarthritis previously denied as bilateral patellofemoral syndrome) (Secondary) CHRONIC FATIGUE SYNDROME (secondary to L knee osteoarthritis) (Secondary) TINNITUS (claimed as 2nd to L knee osteoarthritis) (Secondary) ASTHMA EMPHYSEMA & BRONCHITIS (claimed as 2nd to asbestosis also as 2nd to R knee osteoarthritis) (Secondary) ASBESTIOSIS (related to: Asbestos) (Reopen) DMII (claimed as 2nd to L and Rknee osteoarthritis) (Reopen) BACK CONDITION (now claimed as 2nd to L and R knee osteoarthritis) (Reopen) HYPERTENSION (now claimed as 2nd to L and R knee osteoarthritis) (Reopen) NECK CONDITION (now claimed 2nd to L and R knee osteoarthritis) (Reopen) RIGHT KNEE OSTEOARTHRITIS (now claimed a bilateral patellofemoral syndrome) (Increase) LEFT KNEE OSTEOARTHRITS (now claimed as bilateral patellofemoral syndrome) (Increase) DEPRESSIVE DISORDER (now claimed as PTSD and PTSD 2nd to L and R knee osteoarthrits) (Increase) UNEMPLOYABILITY (New) SPECIAL MONTHLY COMPENSATION A&A (New) SPOUSAL AID AND ATTENDANCE (New) TEMPORARY TOTAL DISABILITY (clarified as 100% convalescent due to surgery on s/c L knee osteoarthritris) (New) NEUROLOGICAL DISORDER (related to: Environmental Hazard - Camp Lejeune) (New) RENAL DISEASE (related to: Environmental Hazard - Camp Lejeune) (New) PARKINSON'S DISEASE (related to: Environmental Hazard - Camp Lejeune) (New) I guess some where in my mind I remember my father not making any kind of claim from his service in Korea and Vietnam. And how he suffered before he died. And my mother struggled after his death since none of us knowed anything about VA benefits for him or her. I think that's why I decided to claim everything i could think of as it would be on record for my family when I pass away.
  7. ardodd
    I wish i had definite answer myself. As I have been awaiting the outcome since November. In my last communication with the VA they denied my PTSD claim and in their stated that because I had Depressive Disorder Rating that they could only rate me under one condition. So I must await and see what they will for an increase to the Depressive Disorder, since they seem to want to rate me under it cause they could actually not increase my rating. Where as with PTSD they could possible have to increase it to 100%, but with Depressive Disorder they could find reasons to not increase. Such as he can get out of bed on his own - he can use the bathroom - he can talk and communicate with family. So I will just hold my opinion until a Certified Representative can help me understand why they are Denying PTSD and just considering a increase to the Depressive Disorder. If they decide there is a increase. Wish you the best and hope you find the answers you are looking for.
  8. ardodd
    Thank you @broncovet. I feel the same as you do about that. By definition Patellofemoral Syndrome is considered Painful Motion of the patella. And osteoarthritis is the result of wear and tear in the knee. To try and clarify what happened is the VA RO put that I did not have Patellofemoral Syndrome when they Denied my Claim in 2015. After arguing with him for close to 30 minutes he said he would go back and see what he could do. That was on a Friday, then on Monday he called me back and said they decided to grant me osteoarthritis. Which technically it is the current condition, but they still denied the PFS in the first C/P exam. And in the second C/P exam which they granted me after we exposed the NP lying about doing test when he did not. The examiner lied on most of her assessment also, but at the end she was trying to get them to reverse their decision to SC osteoarthritis and deny it. But in the process she admitted I had PFS and Osteoarthritis which is a big deal since they have been denying the PFS for 27 years. This why I must keep bugging everyone so I can make sure I fully understand and can explain it in a manner that is also understandable.
  9. ardodd
    **UPDATE** I spoke to the VA today using the 800# to check on the status of my Claims. While speaking to the lady from the VA I mentioned about a C/P Exam on the 22nd of February 2015. Which was for Increase of Rating for Osteoarthritis. I have since the exam argued that she lied and made false statements. I was able to download a copy of the exam from vets.gov website. At the very end of the exam notes she made this statement: She confirmed what I have said for 27 years that I had it when discharged and it is service-connected. So I asked the lady from the VA that was on the phone, how if the DRO was doing a De Novo Review. How he could miss this or why he ignored the evidence and did not want to correct the claim. After about 5 minutes the lady from the VA come back on the phone and said that it was a Clear and Unmistakable Error. Then for almost a hour she kept trying to defend what was done, and then she finally come back and told me that I would have to file a Claim. And when I file the Claim I needed to file for "Patellofemoral Syndrome" and "Osteoarthritis/DJD". Then in the statement of support I need to be very specific about how I word it. She recommended I ask for a earlier effective date back to June 15, 1999. I must include a reference to the above statement of record from the March 20, 2016 C/P Exam. And request that the earlier effective of Patellofemoral Syndrome and Osteoarthritis be dated back to June 15, 1999. She recommended that I address it as a CUE where the DRO failed to apply the evidence that the C/P examiner stated I had Patellofemoral Syndrome and Osteoarthritis. I have two options if all of this is correct and it is a true CUE: 1) I seek out a Legal Representative ( Berry Law Firm ) that has the experience and legal knowledge to be able to file it correctly. 2) I find a VSR ( Accredited Representative from the DAV ) which is experienced in handling CUE Claims. I am asking that @Gastone, @Berta, @asknod please take me seriously. As I need experienced advise since I would only have chance to prove that the VA has been wrong all this time. Thank you and sorry to be of a nuisance to this community. I do understand as today is a good for me and I am able to think a little clearer. And I know my MH condition does create a problem alot. I do apologize for that.
  10. ardodd
    When we missed the Appeal Deadline we were told that we had to start all over again as the Decision was Final and Closed. I started a Intent to File back in February of 2017 and did not finish that Intent until November 17, 2017. That is why he got a PTSD Exam and a C/P exam for the surgery he had on his left knee from it. I am asking if there is anything now or previously that would cause the DRO to have to issue a SSOC since he had the total knee replacement. All evidence that we have submitted up until the Appeal Denial honestly has not been considered. As all the RO says is that it is not New & Material Evidence. So no matter how many knee scopes and replacement(s) he has they say it has nothing to do with "Patellofemoral Syndrome." We are just as confused as you are. We do not understand how anyone with the New Orleans VA Regional Office can continue to Deny all the past doctor statements and diagnosis's for his knee condition. The DRO at the Hearing even stated that he is Service-Connected for ( Knee Condition ) and they can only base my Claim on what I have now. Which defeats the purpose of a De Novo where he was/is suppose to consider all evidence past and present. Will they have to reopen his Appeal because of his Total Knee Replacement. It shows he continued to have the same problems and worsening of that condition? Yes i did File for IU and Temporary Total Disability because of the Replacement.
  11. ardodd
    @Berta I do apologize as I thought I had control over this situation. To answer your question the time for the Appeal has expired. And we did not get a SSOC from the VSO local office. That is why I am asking since the time has expired and we did not file the VA Form 9 in time the Claim is now considered Final. Is there any way - reason - circumstance that you know of that I can search for to try and get a SSOC from the DRO? As I never come across this before and do not know if there is any way to get the Denied Final Decision Reopened.
  12. ardodd
    @Gastone @Berta @asknod Can i ask a serious if I may? My husband's condition "Depressive Disorder" and hopefully "PTSD" he has trouble understanding what the VA is doing. He also has trouble understanding what a "Deadline" is. As we missed the "Deadline" to file the VA Form 9 on time. My husband in his mind argued that he had one year to complete the process. I just read back through the SOC and yes at first it says you have 1 year, but as confusing as the VA makes it. It also says he had 60 days to complete and resubmit which is only mentioned later and not as defined clearly. Anyways, what I wanted to ask about is when they give the "Reason and Bases" all they mention is the Decision is based on a De Novo Review by the DRO. And that is all it says. There is no explanation or reasoning for his decision. It just looks like it is a "Plain Can Response" If I am reading the post made by @asknod correctly. Maybe I am not smart enough to understand this either. But I am under the impression that the section for "Reasons and Bases" he/she is suppose to explain exactly what he/she reviewed and how it was/is applied to the Claim. And when they go on to explain the Entitlement they say they reviewed the private doctor records, but never refer to any times or instances where the doctor(s) wrote down he had certain conditions that were associated with his discharged condition. If the DRO in his "De Novo Review" did not mention any doctor records or instances can we send in a NOD for his VA Appeal Denial? I am also asking since he misunderstood the Deadline and they Denied his Appeal what would help me to this Appeal back open?
  13. ardodd
    @Gastone that correct the VA give me a 20% SC. They give me SC for "Osteoarthritis" under VA Code 5010-5260, and continued to Deny the In-service Medical Board Discharge for Bi-Lateral. They Rated me under VA Code 5010-5260 instead of the VA Code 5003-5099 This is exact wording that the VA used in my 2015 VA Claim for Compensation: 1) Service connection for left knee osteoarthritis previously denied as bilateral patellofemoral syndrome is granted with an evaluation of 10 percent effective February 2, 2015 2) Service connection for right knee osteoarthritis previously denied as bilateral patellofemoral syndrome is granted with an evaluation of 10 percent effective February 2, 2015 **Notes** 1) They changed the diagnosis, but did not state whether "Osteoarthritis" was connected to "Bi-Lateral" 2) In their Decision they Rated me under 5010-5260 for Painful Motion only. If I read correctly on Veterans Law Blog "Arthritis" is Rated 3 different ways. a) Pain b) Instability c) Motion They only applied Pain and not Instability under (slight-moderate-severe) In both C/P Exams the only conclusions that both NP give where he is over weight and obese. Both examiners in their statements said I have never had any instability or effusion (swelling). I have and they had access to medical records from 2 Orthopedic doctors who said that I had swelling and instability. My left knee had swelling and I had been using crutches to support my knee. Occasionally I would have to use a cane when the swelling is not as bad. And that was one of the statements that both examiners lied about, as they both stated that I did not use or need any device to help with stability. I hope everyone understands that the VA has a copy of all my medical records from private doctors. As the VA hospital in Shreveport, Louisiana has refused to let me see anyone from the Orthopedic department. I have had to go through State funded free health care just to get help. Anyways, I find it hard to believe that the DRO and RO did their job and reviewed those records. If they did surely they would of seen the doctor reports and used that to decide in my favor. I also know I can not Appeal how the evidence was/is applied or interpreted. So I am right back to square one again as they will not accept those medical records as New & Material Evidence. They are not idiots at the Regional Office in New Orleans, LA. They have experience in lying and cheating the government. And trust me they have put road blocks in everytime I think we find something so they don't have to go back and correct it.
  14. ardodd
    @Gastone I guess all of this is my fault. I just can't seem to be able to present my opinion. @Berta I do apologize for my stupid rambling. Hopefully I can find a lawyer to set down and help me one day. No more rambling from me, thanks all for the help.
  15. ardodd
    Thank you @Berta and @Buck52 I did submit from the orthopedic doctor who did the 2 knee surgeries. And then medical records from another Orthopedic doctor who said the same thing. My condition had progressed to a point where it is arthritis. We just got back from the C/P Exam today for my knee's. The examiner was from VES and he listened to my facts and listened why it was progression. He said he would include his opinion about the Bilateral Patellofemoral Syndrome and explain it was progression from it. Hopefully he will, he tried to get measurements for my range of motion but could not as the surgery and the right leg has been locking on me as it bears the weight.
  16. ardodd
    Please help me understand why the RO that initially rated the 2015 Claim. Called me on Friday June 22, 2015 and explained to me that my Claim was Denied. As I cursed him from one side to the other asking how they could fail so miserably at identifying a condition I was discharged with. On June 25, 2015 the same RO called me back and told me that after careful consideration they got another opinion from a Orthopedic doctor. And that doctor said I did not have Bilateral Patellofemoral Syndrome, but had Osteoarthritis instead. And that it most likely was not service-connected. Then the RO stated since my X-rays showed evidence of "Traumatic Arthritis" that they were going to give me 10% for both knee's. That is why I asked or sent in a NOD, but the VSO just put down I disagreed with the rating and it should be higher. I have also noticed that the RO and DRO only Rated me for Painful Motion. Since the C/P falsified her report to show that the range of motion was not affected. I did not receive a Rating under VA Code 5257 for Instability as the C/P examiner stated I had never experienced any kind of instability. Which contradicts the Medical records that showed I had 2 arthroscopic knee surgeries. I guess i am not a NP and I don't my own body as they tell us what happened to us when we were 10 years because they have special physic powers only C/P can poses.
  17. ardodd
    The VSO at my Local Office. Issue's: 1) Entitlement to an initial evaluation greater than 10% for left knee osteoarthritis. 2) Entitlement to an initial evaluation greater than 10% for right knee osteoarthritis. Issue's Addressed at DRO Hearing: 1) Falsifying a C/P Exam by the NP 2) Why they changed it from Bilateral Patellofemoral Syndrome to Osteoarthritis. 3) Requested a New Impartial C/P Exam. 4) Questioned why they did not consider the medical evidence from the 2010 Denied Claim. Which I submitted the 21-4142 for medical records but they Denied the Claim without them. I pointed out that they did not Notify the RO that I mailed it in and they needed to follow up on my request. I asked them to reopen my Claim later because they never reviewed the evidence. This pertained to the 2010 Claim and I submitted the doctor records in 2014. Because I thought they got them from a 2001 and the 2009 knee arthroscopic was new. I submitted a 1996 FCA (Functional Capacity Assestment) Test results. Because in the 1999 VA Claim I asked for help in getting the complete medical records for a in-hospital rehabilitation stay. Which they never followed up on. And plain Denied my 1999 Claim without getting any medical evidence I asked for help with. And Denied me a medical exam in lieu of no current medical condition exam. Which that's why I am asking if the DRO knows about these things is he not suppose to exam the full claim? And yes they ignored the FCA as the next C/P Examiner all she did was backup what her co-worker wrote when she falsified her C/P Exam report too. She said they do not accept FCA results. I kind of wonder why? Since the medical professional had a license as a Occupational Specialist. Which is more than the crazy C/P Examiner had.
  18. ardodd
    My question is about De Novo Review and how the DRO reviews the evidence. In my DRO hearing I raised the several questions about the Denial of Compensation. Question 1) I addressed the DRO in asking how the VA could change the diagnosis from "Bilateral Patellofemoral Syndrome" to "Osteoarthritis"? Clearly I was Discharged with "Bilateral Patellofemoral Syndrome" under VA Code 5003-5099 Hearing Me: they're basing on traumatic arthritis...okay. I'm not 20 years old no more [sic]... patellofemoral syndrome has progressed from that on up and on up until now we've got an end result of osteoarthritis. DRO: Mm-hmm Me: So, the medical exam... everything's pointing... saying, well, we're denying you for the patellofemoral, but we're gonna give you arthritis. DRO: No, that's not... that's not the case. Me: Well, that's... DRO: (Inaudible)... Me: ...what it says right here. DRO: ...you're essentially service-connected for your knee condition, whether...you know...it's...it may be called different things, but essentially that is what you're service-connected for...is your knee condition. We can't...we don't...we can't evaluate it by splicing out different diagnoses or your...you know...involving your knee. We evaluate based on...like...what we discussed earlier...you know...your range of motion...instability...that kind of thing. Power of Attorney: They're saying that your patellofemoral syndrome has progressed to the point where there's osteoarthritis at this point and that's... that's what you have right now. Me: That's what I got right now... Power of Attorney: Right Me: ...but they're still not warranting...they're...they were denying the patellofemoral. Power of Attorney: Mmm. They're just saying it's...it's not patellofemoral... Me: Yeah. Power of Attorney: ...anymore it's...it's arthritis now. Me: Well, that's the word they used...they denied it. Power of Attorney: Oh, well, they shouldn't have said that. DRO: Yeah, and I'm...I'm not sure that that was a... you know...a completely accurate description in there, but... Me: Well, because...I mean... DRO: All right, do you have anything else? And then the DRO closes out by stating that this Appeal is only about the related evaluation of the knee condition. And if I wanted a earlier effective date I would have to file a Claim for it. My question is if it is a Review of Claim then why is the DRO only going to look at the evaluation and not the complete claim? I mean he is suppose to be bi-partisan and look at all evidence objectively. Should the DRO of looked at the whole Claim because it was a Reopened Claim ?
  19. ardodd
    No new updates today. As we did meet the Vet Rep last night. The President of that chapter forgot to let him know that we were coming, so he was not prepared. We are scheduled to meet with him on this upcoming Tuesday. I was able to prepare the document outlining those things concerning the 1999 Claim. And give him a copy of it to look over before our next meeting. And while I was at it I also made a document that outlined each one of the years that we for Albert's Disability. Today's task is to set down and go through the SOC Hearing for instances that refer to "Unemployability" and highlight them. Like @Berta and @Lemuel you both mentioned that it is in the best interest for my husband to move forward and focus on right now. Right now are awaiting the Decision from his PTSD C/P Exam. It seems that the last time he had one it took maybe two weeks for them to Approve his increase from 50% to 70% for Depressive Disorder. Hopefully that will happen in this case. He is scheduled for a C/P Exam on Friday with a Orthopedic NP. This C/P Exam should cover all the Secondary Disabilities that I Claimed for him with regards to Orthopedic/Neurological Disorders. The reason I added so many Secondary Disabilities is because it may have started with his knee's but directly affects his whole body. As funny as it looks the picture I did kind of illustrates what happens to the human body when something like the knee's have a disabling affect. The one on the left side shows the human body if nothing has happened to it. And the one on the right shows the human body when his knee's started going bad and caused problems all the way up. I may even give him some crayon's and let him draw a stick body at certain points in his life. This way he can relate to the time and the condition he was in then. It may seem childish of me, but it will allow him to refresh his memory.
  20. ardodd
    I filled it out on eBenefits for him. Not exactly sure but it likes you have a better approach through that website. Of course it is storming here today so it makes the internet slow and unavailable. But will try to keep things updated as best as I can intermittently.
  21. ardodd
    @Lemuel unfortunately we live in Louisiana. I have applied for Legal help thru the VA Portal for him but so far we have not been able to anyone that will help. Of course that is probably because he has been trying to do it himself. And like we know he is not able to present his case in a manner that anyone would understand or feel strong enough to stand with him. I do have a very busy day today. As @Berta and yourself mentioned the only way he will get the right help is if I step in and help. So today I will be setting in front of the computer trying to put into words what Law's and Guidelines where violated. And to organize a simple letter that states what was not done correctly so when we sit down with the DAV representative tonight he will be able to understand. I will from time to time need to ask a few questions and maybe find a simple form that would help organize the letter so it is not too confusing.
  22. ardodd
    Thank you @Berta and @Lamuel I will answer your questions in my next reply. In my research tonight I found a few things by going through his SOC. And that is the 2015 Appeal we missed the deadline on. The first thing I did come across what the Definition of a Chronic Disease. Medical Board Discharge 07/10/1990 Reason: Bilateral Patellofemoral Syndrome Definition: What we have never noticed til right now is that what he was diagnosed with while in service is a "Chronic". If I am reading the VA Guidelines correctly his In-service and Medical History fall under "Chronic Diseases" I was able to locate these Guidelines online: While researching his Due Process Rights I was able to find the correct Guidelines for Processing a Claim and a Veterans Rights to Notification. By Law he should of received a Notification Letter giving him instructions on what was needed to Approve/Deny the 1999 Claim. That Law was Violated under this Code: M28R, Part III, Section C, Chapter 2 2.06 Procedures for Providing Due Process Second reason I feel he was wrongfully Denied in his 1999 Claim for Compensation and the continuation is because the VA failed to follow Guidelines set forth for "Chronic Diseases" 38 CFR 3.303 - Principles relating to service connection. § 3.303 Principles relating to service connection.
  23. ardodd
    I filed this for him last night as I read about Marines exposed to water contamination. I know in my heart that was exposed to those chemicals. He started experiencing symptoms shortly after he got out. Doctors back then did not know why he had such violent tremors which would last for days without any sleep or medications. One private doctor finally put him on Levadopa medications which seemed to help for a few short months, then he went right back to medications not working. It has been a long battle neurologically and he was finally put on Mirapex (Pramipexole) 0.5 mg And as time progressed to today he has to take 1.5 mg twice a day which is double what is recommended to help him. He still suffers even taking the recommended dosage with episodes and tremors which are very hard to watch him in so much pain. I will be able to spend more time this afternoon re-reading what you suggested. As I do have to get him into the shower and try to wash him before he has therapy on his leg today.
  24. ardodd
    @Berta Thank you so much for helping Albert. He comes and goes and I know he means well. i do apologize if he has not fully understood and acknowledge any of your questions. I will do my best to help fill in any missing information that can not or does not remember. I will do my best to answer all of your questions as best as i can possibly do. 1) Depressive Disorder Claim for 2/26/2016 Award him a 50% disability. a) No Appeal b) We Filed a Notice of Disagreement 07/25/2016 c) Statement in Support of Claim 09/06/2016 d) VA C/P Exam 11/08/2016 2) Depressive Disorder Increased 11/29/2016 Awarded 70% disability Retro-active to 07/24/2016 **We did not seek NOD or Appeal after increase was Awarded** 1) Recent C/P Exam 12/02/2017 this past Saturday a) C/P Exam was for PTSD - Military b) C/P Exam also covered PTSD - Personal Traumatic Experience c) Phsyciatrist during the Exam also covered his Depressive Disorder and questioned him and myself regarding his condition. 2) Awaiting Decision from VA He is not employed. He is getting SSDI Awarded to him effective 07/01/2014 Retroactive 1) Intent to File dated 02/07/2017 - Claim finally submitted on 11/17/2017 a) PTSD - Military b) PTSD - Personal Traumatic Experience c) Asbestosis - Reopen Claim d) Traumatic Osteoarthritis - Previously denied as Bilateral patellofemoral Syndrome left knee - Increase e) Traumatic Osteoarthritis - Previously denied as Bilateral Patellofemoral Syndrome right knee - Increase f) Tinnitus g) Chronic Fatigue Syndrome Secondary Disability claimed: a) Hip Condition - Filed individually for Left Knee Secondary b) Hip Condition - Filed individually for Right Knee Secondary c) Back Condition - Filed individually for Left Knee Secondary d) Back Condition - Filed individually for Right Knee Secondary e) Neck Condition - Filed individually for Left Knee Secondary f) Neck Condition - Filed individually for Right Knee Secondary g) Hypertension - Filed individually for Left Knee Secondary h) Hypertension - Filed individually for Right Knee Secondary i) Diabetes - Filed individually for Left Knee Secondary j) Diabetes - Filed individually for Right Knee Secondary k)Temporary Total Disability - Filed for Left Knee l) Emphysema - Secondary to Asbestosis j) Bronchitis - Secondary to Asbestosis l) Asbestosis - Secondary to Asbestos exposure Claim for Disability 12/04/2017 a) Parkinson's Disease - Camp Lejuene water contamination b) Malignant Neoplasm - Camp Lejuene water contamination c) Neurological Disorder - Camp Lejuene water contamination d) Renal Disease - Camp Lejuene water contamination I believe that is as accurate as I can be since the pending 2015 Appeal was Denied because we missed the Deadline.
  25. ardodd
    @Lemuel, @Berta, @asknod In my case is it better to Appeal the Decision or the lack of Procedural Rights Violated? When seeking to have a previously Denied Claim Remanded what is the proper steps that need to be taken? To answer the question of has there been a Rating Decision that has Granted a Service-Connected Disability relating to this Denial? YES 2015 VA Claim for Compensation Granted 10% Service-Connection for "Traumatic Arthritis" previously Denied as "Bilateral Patellofemoral Syndrome" for Left Knee 10% Service-Connection for "Traumatic Arthritis" previously Denied as "Bilateral Patellofemoral Syndrome" for Right Knee 2017 Appeal Denied for missing Deadline to File VA Form - 9 Can I send in a NOD for the 2017 Appeal? Grounds for NOD: Mental Competency and Memory Loss this is ardodd's wife and i am the person behind helping him. as he is not fully competent to understand what he is doing or what the VA is doing to him. he may be mentally aware one day and not know what or where he is the next day.
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