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stnorm23

Seaman
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About stnorm23

  • Birthday 10/23/1970

Previous Fields

  • Service Connected Disability
    30%
  • Branch of Service
    Air Force
  • Hobby
    Golf

stnorm23's Achievements

  1. After 23 years of service, I filed by Disability Claim and was awarded 30%. For a over a year, I received about $500+ in disability pay.....however, that amount was subtracted from my retirement pay (I understand that is how it works) I have now won my appeal and by upgraded to 60%, with all claims backdated to my Oct 2013 retirement. I received an explanation of benefits which shows what the back-pay will be, but from looking at it, it doesn't seem like they are going to pay me that $500+ a month that I had been receiving while assigned 30%. For example it looks like they are showing that they owed me about $1300+ for a long period of time, but that they are only going to back pay me $800+ per month because they consider me already having been paid $500+ during those month. This doesn't make sense to me, because if I had been awarded the 60% originally, which the appeal results are basically saying I should have been, I would have been receiving full retirement AND the full VA benefit during those times. So if they aren't going to back pay for the $500+ per month....it seems like I lost that amount simply because the original percentage was wrong. Anybody know how this works or experienced a situation where you were awarded under 50% and then over 50% on appeal? Thanks!
  2. I filed my claim upon retirement in 2013, got my decision (30%) in Nov 2014, filed my NOD with request for DRO review/hearing/face-to-face meeting in Jan 2015. I visited the VFW (which shares an office with the Regional Office in Tampa) and provided all my new evidence (Letter from doctors, DBQs, X-Rays, MRIs) and was told that they would be shocked if I was not granted 50 - 60% based on new evidence and that they would "walk the paperwork up" to the DRO and see if they could review it soon since I have provided all the evidence they could possibly need and it should be pretty cut and dry (either approve the appeal or send it forward). QUESTION: VFW is now telling me that they updated all the evidence and that my package is "in line" to be reviewed by the DRO and that it will probably take somewhere around 24 months from the date the NOD was filed. Is this normal? Is it only the Tampa office that takes this long for DRO review? I read on a legal website that I should "call the Station Hearing Coordinator at the VA Regional Office and ask for the first available meeting with the DRO". Anyone ever heard of that? I knew going on this was a long process, but I see other stories of people getting a meeting with the DRO within 6 - 9 months for filing the NOD? If I have to wait.....I wait.....but if I should be doing something else to speed this up, I want to make sure I do it. Any advice or help is greatly appreciated.
  3. Question for you "Usatacould". How long from the time you filed your appeal asking for a DRO meeting until you were scheduled? I filed an NOD requesting DRO review and am just trying to get an idea of the timeline. Thanks and good luck. Sounds like you have a good case.
  4. I'm working an appeal on ankle and knee issues, so I have some experience. Mine is different, in that they were found to be service connected, but the ankle rating was 10% and the knee was 0% (despite an MRI reading that is word for word what is required for 20% when it comes to torn ligaments). SO....the first thing you have to battle is to get the disability rated as "service connected". It sounds like it is, but you basically need to show that you currently have a disability that is the result of an injury that happened while you were in the service. Might be as simple as using your military medical records. Wouldn't hurt to have a current medical diagnosis from a doctor that states that your "current condition is the result of an injury suffered in 19___ while in the Army". After that, it's a matter of what exactly your disability is......be aware, that it doesn't matter that you broke you leg or rolled your ankle 100 times.....if you can't show that something is wrong NOW, you get nothing. SO.....it sounds like you have issues with mobility or "limited/range of motion". Get your doctor to do an exam and complete a DBQ which will show exactly how much limitation of motion you have. There are places on the form for them to mark that you have pain, weakness, tenderness, swelling and whatever else is wrong. Make sure they include the frequency of the issue. You don't want the VA trying to claim that you only have issues every once in while, if you having them daily or weekly. It would be GREAT if the doctor could use the term "severe" or "marked", because the VA is going to rate the level of this disability as either "moderate" or "marked" and since they don't really define either, they normally go with "moderate" which is 10%. Marked will get you 20%. Hope this helps. Good luck my friend.
  5. Thanks for the advice. I submitted the NOD with a cover letter which states the following (on the advice of the VFW Rep): "I applied for Disability Benefits Rating on 10/4/2013. I am in receipt of your Decision Letter dated October 21, 2014. This letter is my Notice of Disagreement with that decision. I have attached VA Form 21-0958 which contains additional information about my disagreement. This form is not intended to be an all-encompassing description of the issues with which I disagree and I reserve the right to add additional issues. I plan to provide additional medical information, statements and further evidence to support my disagreement with this decision. I wish to appeal this decision using the DRO process and request a personal hearing in front of the DRO unless the DRO sustains my appeal in advance of the scheduled meeting." I plan to provide my additional evidence to the VA (in person through the VFW which shares an office) in the next week or so, and ask them to verify that my NOD with DRO Review/In person meeting requests has been updated and is on file. Not sure what else I can do but wait after that, as I do not believe that have any accountability as to where you are in line when it comes to DRO reviews. Scott
  6. My understanding is that migraines is one of the most "underrated" disabilities by the VA. I'm not sure if they don't understand their own regs, or they just try to lowball and see who won't appeal. At my C&P, I made sure the doctor understood that I had a decade long problem with migraines which had been treated with meds and massage therapy (that didn't work well, but it felt great! :-). I also had a year long "headache diary" that dated back from the day of the C&P......AND STILL.....I was rated 10%. I now have a DBQ from my neurologist that states that I have on average 3+ prostrating attacks per month, take daily meds, and have appts with him every 90 days. I'm thinking I have a great shot at the appeal....but still frustrated that this wasn't handled correctly the first time.
  7. I retired in Oct 2013 at 23 1/2 years. Submitted my claim and was awarded 30%. (10% Migraines, 10% Ankle, 10% Tinnitus). VA had bad contact info for me (they admit was their fault), so I never received the info asking if I wanted to submit DBQs. Everything is based on a C&P exam that was not very through and apparently didn't take anything I provided into consideration. The guy even initially claimed that my knee injury "didn't seem to be service connected" until I pointed out that it occurred during a deployment. I filed the NOD on time and elected to have a DRO review in hopes that it will be resolved at that level. Since then, I have at my own expense been examined by neurologist and orthopedic surgeons and been provided signed DBQs which support the claims I am appealing. My appeals are not that complex. I am appealing that my migraines should be 30% and that two disabilities that were rated as "SC with 0" should be rated higher. I am not appealing anything that was totally denied. Soooooo......Do I just sit and wait now? It's only been 5 months since I filed the NOD and requested the DRO review. Do I hold onto all my evidence or submit it through the VFW to the VA now? If I am not seen for another year or more....which I hear is a possibility......is the fact that these DBQs will be over a year old by that time going to matter? Thanks for the help and God Bless Scott
  8. 23 years AF, retired in 2013 and awarded 30% (10% migraines, 10% tinnitus, 10% ankle). Submitted my NOD in Jan and requested DRO hearing. I am appealing the percentage awarded for migraines (should be 30%) and ankle and my disabilities with my right hand and right knee.....both of which were awarded as "service connected with 0%. Short info on each: Migraines - Have a decade long history of having at least 2 - 3 prostrating attacks each month.....see a neurologist every 3 months and am on daily meds.......but I understand the VA screws this up all the time....hoping that 30% is pretty much a given with all the medical info I have. Ankle - Basically just appealing that my disability (after multiple surgeries) is not moderate but marked....probably a long shot....but my ankle is a daily problem. Hand - C&P finding was a joke and didn't even consider my hand....only my finger....and the WRONG finger....right middle finger is wrecked and hand is basically crippled from surgery while on active duty. Right Knee - VA seems to have only considered arthritis.....but I have an MRI that shows "torn meniscus with locking" which is shown as 20% in the guide. Seems to be a pretty clear situation where the C&P didn't look at what I was claiming or read the MRI results. Injury occurred on last deployment and was found to be service connected. FINALLY MY QUESTION: I have a DBQ from local doctors on my right hand, right knee and migraines......all are VERY favorable to what I am claiming. All show almost word for word what it says you have to have for the ratings I am seeking. Am I am the right track with this? Do I hold this info/evidence and just take all of it with me when they finally schedule me for a meeting with the DRO? Or do I submit it now somehow? I am represented by the VFW in Tampa, which is in the same blgd with the Regional VA office. Any help and info is greatly appreciated. Even if you see something in my info that I am not thinking of that you think I should know about....feel free to advise......God Bless.
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