Senior Chief Petty Officer
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pwrslm last won the day on February 19

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About pwrslm

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    E-7 Chief Petty Officer

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  1. No. Your 20% does not mean you can not work, if it did, you would be 100% or IU. The real meaning of 20% is Flexion measures more than 30° but not more than 60°-OR- Combined ROM is 120° or less. You could also get 20% for bed rest, but the medical profession does not do that any more, they say its better to stay active with a bad back.
  2. Do everything. The theory that you throw it all up against the wall and see what sticks is pretty solid. Besides that, HCV can be pretty damaging, you should get it covered and SC either way. If they clear it up, its still able to come back years down the road, it will be in your liver forever. The TDIU should be determined separately, but include it in the same claim. If you get both approved, you have not lost anything. If both are denied, you can appeal. Read up on Asknod' website about HCV, he has been working that issue for a while.
  3. Most copy machines these days are all in one, they scan, fax, copy and do back flips for you. The one I got has a tray feeder for scanning, so I took 25 pages and scanned them all into one PDF file, then uploaded each file (1 of 10, 2 of 10, etc..) on EBenefits. If you can see them on the EB site, and can download and read them, they are officially in your claim file.
  4. If you have the resources, take the remand to an independent MD and get an IMO on the issue, and get it off to the BVA before the C&P exam is done. Its better than hoping that the job is done right by one of the VA's PA's. Make sure they give you a proper etiology spelled out as to cause and relationship for SC. If the VA gives you a bum C&P, which the tend to do quite often, you will already have a leg up and will win the decision.
  5. The VA in Orlando now has a walk in clinic. If you have one near you, go. If not, walk in to your PACT. Delaying treatment is not a good idea when it comes to your spine. You often will find numbness and weakness in your legs. The longer this condition persists, the less likely you will have a complete recovery. Start studying information about lumbar disc herniation. I had the pops and grinding for 20 years, but when I left the Army, they said it was lumbar strain, and congenital scoliosis. The truth was, I had a herniated disc and that caused scoliosis, DDD and eventually it wore away the disc between my L5 and S1. So I was walking around with bone on bone, and it would shift from day to day, and that was very painful. If they dont get you some help, keep going back. If you have had back pain for over 6 weeks, and are getting sharp pains that shoot down your leg, the VA should get you an xray and an MRI. That will be the first step to getting proper diagnosis to see what treatment you need. You are the only one that can make it happen, the squeaky wheel gets the grease!!
  6. Congrats!!~ Winners dont quit.
  7. IF they sub'ed out your exams, they will not show up in your medical file. If the VA did the exam, they will be in your Blue Button report when they are submitted. If the VA did your exam, try ROI, see if they have it. Also, call peggy and ask. They can tell you if the exams are done and if the VBA has it or not. (800-827-1000)
  8. It wont post EB until its final. Patience is the killer, just a few more days.... :-)
  9. Falsification of Medical Records is a felony. You might also want to report in to your states attorney general as well. Throw as much against the wall as you can, and hope something sticks. The VAOIG is responsible for enforcing violation of federal laws by VA employees, but they dont enforce state laws, and if the State Atty Genl's office is poking their nose into the issue, its much harder to hide the truth.
  10. Ok, they have a NA Form 13042, request for information needed to locate medical records. When I was looking for my records, I fill it out and it got me the other half of my treatment records. You need to ID one event where you were treated in a military hospital, but it gets an senior individual assigned to the task that goes looking for the specific records you ask for. The guy called me twice when I submitted it, totally blew my mind they did that, and then he found everything I needed.
  11. We put in a request for medical files on my wife and they came up with nothing. She served 79-84. We followed up with 3 more requests, and all of them came back empty. Then we put in for her MPRJ (DA Form 201, military personnel records jacket) and they didn't sent back the MPRJ, but instead, sent her entire Service Treatment records. Finally. Try to request the MPRJ from the archives.
  12. get the folks to tell you exactly what va handbook or guide that they have to use (like the MR21) so you can see exactly what you are facing first off then when you get this info, scrub their manual and find out if they screwed up thats step 1
  13. the biggest mistake is not to try if you need to W/100% schedular, you can work all the hours and make as much as you want. If you can. If you can not work, then apply for SSDI, but w/SSDI, you can not work. The whole thing is up to you at this point.
  14. If it exists, the CUE for your case would exist here: 38 CFR § 4.2 Interpretation of examination reports. Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. 38CFR § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. If they ignored existing medical records and instead relied on a C&P examination, then you may have grounds for a CUE. Check the dates to insure that the medical opinions were not overlapping the decision. If there was no excuse for them to not have had the cited records in their hands, then I would move forward with CUE. More info on CUE here:
  15. Symptoms sometimes make mountains out of mole hills.