Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

gs106

First Class Petty Officer
  • Posts

    149
  • Joined

  • Last visited

Everything posted by gs106

  1. The Department of Veterans Affairs (VA) has published proposed regulations to establish presumptions for the service connection of eight diseases affecting military members exposed to contaminants in the water supply at Camp Lejeune, N.C. The presumptive illnesses apply to active duty, reserve and National Guard members who served for no less than 30 days at Camp Lejeune between August 1, 1953 and December 31, 1987, and are diagnosed with the following conditions: adult leukemia, aplastic anemia and other myelodysplastic syndromes, bladder cancer, kidney cancer, liver cancer, multiple myeloma, non-Hodgkin's lymphoma, and Parkinson's disease. The 30-day public comment period on the proposed rule is open until Oct.10, 2016.
  2. http://www.military.com/daily-news/2016/09/10/vets-poisoned-at-camp-lejeune-inch-closer-to-va-benefits.html?ESRC=eb_160912.nl
  3. OK, Sorry, I was looking at the "completely separated from the Air Force since October 2015" as being out for less than a year.
  4. If he isn't using a CPAP I suggest that he go to VA and request one based on the previous sleep study. VA will issue a CPAP based on a non VA sleep study. If they won't issue one he should request another sleep study. Since he had the diagnosis while on active duty he shouldn't have any problem getting service connected. A current sleep study should also be sufficient since I believe you said he has been out for less than a year. I was just service connected for OSA 11 years after retirement and the diagnosis/sleep study was 7 years after retirement. I had a nexus letter from my non VA doctor stating that it was more likely than not that I had OSA while still on active duty. That, and surgery for a deviated septum while on AD was cited in the decision letter.
  5. Thanks Buck....I think the only thing I'll get here is a property tax exemption for my house and 2 vehicles. I am divorced so none of the spouse benefits apply to me and my children are grown. I am over 65 so I don't think I'm eligible for the life insurance but I'll check again. I already have a permanent fishing/hunting license (over 65). The tax exemptions will save me a lot of money. My taxes are high even though I'm over 65. I'm retired Army so I already have an ID card. I got a lifetime national park card ($10) when I turned 65, I will have to check on state park benefits...I believe South Carolina state parks are half price for anyone disabled.
  6. I just checked eBenefits and I've been awarded 50% for sleep apnea on appeal (DRO review). Everything else on appeal was denied except deviated septum 0% but the 50% got me to 100% P&T. I got the sleep apnea service connected with a nexus letter from my non VA doctor stating that it was more likely than not that I have had sleep apnea as long as my HGB has been elevated. History - my HGB had been high for at least five years before I retired. It was always high when I went to VA for the routine exam and the NP always said "don't worry about it". I was taking the VA lab results to my non VA doctor and she kept telling me that we need to find out what the problem is. She sent me to a cancer clinic and everything was OK. She then had me wear an oxygen monitor overnight. It showed that my oxygen level was dropping into the low 80s. I didn't want to, but she insisted that I go for a sleep study and I was diagnosed with sleep apnea (5 years after I retired). I went to get a CPAP from a civilian company but I couldn't wear the mask because of a skin cancer on my cheek. I had surgery for the skin cancer and during the healing I went back to VA for a routine exam. The NP told me that I could get a CPAP through VA even though the sleep study was done outside VA. VA issued the CPAP and my HGB has been normal since I started using it. I also had a statement from my son about my loud snoring and stopping breathing. I hope this information helps someone.
  7. According to eBenefits everything was denied except sleep apnea. That 50% got me to 100%. I am happy...no more claims, no more appeals and it was all decided at the RO level. I didn't have to appeal anything to BVA.
  8. Thanks to all who responded. I just checked eBenefits and it says I am 100% total and permanent. The benefit letter has the information shown below. Does anyone know when the monthly award amount will change to $2906? Will I receive a letter with the same information when I get the decision letter? Can I use the eBenefits generated letter to take to the county auditor to get the property tax exemption? You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 100% Your current monthly award is: $1743.48 The effective date of the last change to your current award was: April 1, 2016 You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes
  9. She just said she wanted to know if I had any other evidence to submit. When I asked her if she needed anything else I told her no. I see that you claimed 5th metatarsal fracture. I was just awarded 10% for the same thing and an additional 10% for nerve damage in the foot which I didn't file a claim for. The C&P examiner said I had nerve damage when she completed the DBQ.
  10. No, I didn't request a hearing. I didn't know that was an option. The VSO didn't mention it. He just said to check DRO review box. Oh well, I guess I'll know by the end of next week if I have to appeal to BVA.
  11. Thanks Buck, I hope so. So, it's not unusual not to have a hearing?
  12. I received a telephone call from a DRO this morning....unfortunately I was at Walmart and had a hard time hearing her so I didn't ask her many questions. She said they had combined all three appeals and should make a decision within a week. She said it looked like I did a good job submitting evidence and she didn't think she needed anything else unless I wanted to submit something else. I asked her if she had the nexus letter from my doctor reference sleep apnea and she said she did. I have read a lot about DRO hearings on this and other sites. Is it unusual not to have a hearing? Do they usually call the veteran directly and not go through the VSO?
  13. Yes, that's likely what they are doing. I had a C&P and the NP conducting the exam contradicted the existing medical evidence in my STR and civilian medical records. The rater requested clarification from a more qualified doctor and he concurred with the existing medical evidence and said the claimed conditions were at least as likely as not service connected. .
  14. My claim closed on 23 June and I received the decision letter on 27 June. I guess it depends on the RO and how motivated the employees are.
  15. If you have been prescribed one and don't use it you are more than likely harming yourself. That may be why VA just changed the regulation to say that you don't have to use it. If you die they don't have to pay you any longer and have more money for bonuses. To answer your question...no, you don't have to use it. The last bullet in the change states that. Evaluate sleep apnea using the criteria in 38 CFR 4.97, DC 6847 (sleep apnea syndromes (obstructive, central, mixed). When determining whether the 50-percent criteria are met, the key consideration is whether use of a qualifying breathing assistance device is required by the severity of the sleep apnea. There are two related considerations · what devices qualify, and · whether use of a qualifying device is necessary. On the question of what qualifies as a breathing assistance device, the DC lists a continuous positive airway pressure (CPAP) machine as an example. Other qualifying breathing assistance devices include: · other positive airway pressure machines (automatic positive airway pressure device (APAP); bilevel positive airway pressure device (BiPAP)). · nasopharyngeal appliances (nasal dilators; nasopharyngeal stents) · oral appliances (mandibular advancement devices (MAD); tongue-retaining mouthpieces), and · implanted genioglossal nerve stimulation devices. Note: Positive airway pressure machines may also be called non-invasive positive pressure ventilation (NIPPV) or non-invasive ventilation (NIV). On the question of whether sleep apnea requires use of a breathing device, there are two important and related points · Use absent a medical determination that the device is necessary does not qualify. The regulation requires that the device be necessary and this is a medical question. · If the competent medical evidence of record shows that use of a qualifying breathing assistance device is medically required, the fact that the claimant is not actually using it as prescribed is not relevant.
  16. Thanks for all the replies. I just found a CAVC decision that is bad news for me. The thoracic and lumbar spine are considered the same for rating purposes but not for disability purposes. This is an excerpt from that decision : ANALYSIS Mr. Dietrich argues that the Board erred in treating his DISH as a disability separate from his thoracic scoliosis. He contends that under 38 C.F.R. § 4.71a (2014), the rating schedule for diseases of the spine, the Board is required to treat thoracic and lumbar disorders as one disability. For support, Mr. Dietrich cites a proposed VA rule change noting that because "the thoracic and lumbar segments ordinarily move as a unit, it is clinically difficult to separate the range of movement of one from that of the other." Schedule for Rating Disabilities; The Spine, 67 Fed. Reg. 56,509-12 (proposed Sept. 4, 2002). He further argues that the Board did not support its decision with an adequate statement of reasons or bases. The Board's rating determinations are findings of fact that the Court reviews under the "clearly erroneous" standard of review set forth in 38 U.S.C. § 7261(a)(4). A finding is clearly erroneous when, after reviewing all the evidence, the Court "'is left with the definite and firm conviction that a mistake has been committed.'" Gilbert v. Derwinski, 1 Vet.App. 49, 52, 54 (1990) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)). Further, the Board's decision must include a written statement of the reasons or bases for its findings and conclusions of fact and law that adequately enables an appellant to understand the basis for the Board's decision and facilitates review by this Court. See 38 U.S.C. § 7104(d)(1); Allday v. Brown, 7 Vet.App. 517, 527 (1995); Gilbert v. Derwinski, 1 Vet.App. 49, 56-57 (1990). Mr. Dietrich's argument conflates the issue of service connection with the issue of rating a service-connected disability. As this Court has previously explained, "for rating purposes, § 4.71a combines the thoracic and lumbar spines and provides criteria for rating disabilities of the 'thoracolumbar spine.'" Cullen v. Shinseki, 24 Vet.App. 74, 82 n.8 (2010) (emphasis added). Accordingly, the rating criteria and proposed rule change cited by Mr. Dietrich would be relevant where a Board decision treated thoracic and lumbar sections of the spine separately for rating 2 purposes. Here, however, the issue involves two separate conditions–one that is service-connected, and one that is not. This situation raises the issue of service connection, and not the rating of a service-connected disability. See D'Amico v. West, 209 F.3d 1322, 1326 (Fed. Cir. 2000) ("A claim for veteran's disability benefits has five elements: (1) veteran status; (2) existence of a disability; (3) service connection of the disability; (4) degree of disability, and (5) effective date of the disability."); Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (explaining that "the logically up-stream element of service-connectedness" is separate and distinct from "the logically down-stream element of compensation level"). Because VA is not required to treat all disabilities of the spine as a singular disorder for purposes of service connection or consider distinguishable symptoms of a non-service-connected disability in rating a service-connected disorder, the Court rejects Mr. Dietrich's argument that the Board erred in failing to consider his symptoms of DISH. Notably, the Board adequately explained that symptoms attributable to DISH did not support an increased rating for thoracic scoliosis because DISH is "not related to service," and Mr. Dietrich does not argue that the Board erred in denying service connection for DISH. R. at 15.
  17. Are thoracic and lumbar spine disabilities always rated as thoracolumbar or can they be rated separately? How can I find out which DC was used when I was rated for arthritis of the thoracic spine?
  18. I received my decision letter today and need help on deciding what I need to do. I filed a claim for other contentions but request quidance on just one. I simply don't understand how VA can ignore evidence and state that there is none. The claim was for bilateral radiculopathy SECONDARY to lower back. Should I ask for reconsideration? Will the notes for a third epidural injection last Friday be enough for new and material evidence? The following is ver batum from the decision letter: Issue/Contention nerve damage - left leg and foot Explanation The evidence does not show that nerve damage - left leg and foot is related to the service-connected condition of arthritis, thoracic spine, nor is there any evidence of this disability during military service. The evidence does not show a current diagnosed disability. The evidence does not show that your condition resulted from, or was agravated by. a service-connected disability. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. Excerpts from doctors notes (two different doctors) and MRI results submitted with the claim or uplaoded via eBenefits for treatment after the claim was filed.Non VA primary care physician: Musculoskeletal symptoms still having L sciatica, taking gababentin - no change in sxs. L leg pain and numbness in the bottom of the right foot. Pain is intermittent but numbness is there all the time. Plan: request consultation by specialist pain management, unknown specialty - L sciatica, has had MRI LSS.MRI:At L4-5, anterolisthesis appears to be related to bilateral pars defects. There is uncovering of the posterior disc but no appreciable bulge or protrusion is seen. There is mild effacement of the thecal sac across the midline related to anterolisthesis. There is direct impingement of both exiting nerve roots due to anterolisthesis and resultant foraminal narrowing.At L5-S1, there is broad-based disc bulge without focal protrusion. There is mild to moderate effacement of the thecal sac across the midline. There is probable impingement of the descending S1 nerve root on the left within its lateral recess as best seen on T2 axial image #23 due to disc bulge and posterioir element hypertrophy. There is moderate foraminal narrowing bilaterally, with probable impingement of both exiting L5 nerve roots. This is more likely on the left due to combination of disc bulge and facet joint hypertrophy.Pain Management:Second epidural: He has quite a bit of loss of disk height at the L4-L5 and L5-S1 levels. The left iliac crest proved to be too difficult to work around and I was unable to place the needle in the right location. Lateral views show quite a bit of anterolisthesis of L4 on L5 due to pars defects as noted on the MRI. This made it impossible for me to get into the appropriate location and the procedure was aborted.
  19. My claim closed Thursday and I've been trying to access the verification letter since with no luck.
  20. Mine closed today and I'm not happy..Intent to file 25 Mar 16; filed 13 Apr 16. At least I went from 80% to 90% but another NOD and another long wait.
  21. My claim closed on eBenefits and the C&P doctor is responsible for denial. In other posts, I explained that the C&P doctor had said that my BILATERAL lower extremity radiculopathy was due to my RIGHT foot fracture. They rated me 10% for the fracture (metatarsal malunion) and 10% for RIGHT foot and leg nerve damage. Also 10% tinnitus. They denied left leg and foot nerve damage secondary to service connected lumbar spine. Even though she screwed up the DBQ, I submitted an MRI report showing bilateral serve impingement, physician notes saying that I have sciatica (primarily LEFT leg and foot), and notes from a physical examination at the pain clinic done before an epidural injection but apparently none of that was looked at. I know I have to wait for the decision letter before I can do anything but is there something I can do without having to wait years for a DRO review? I have an appointment for another epidural injection tomorrow...will the notes from that visit be enough for reconsideration?
  22. Thanks SigBnSoldier...I should have known that.
  23. Does anyone know how long it takes for the verification letter or "disabilities" to update on eBenefits after the status changes to Preparation for Notification?
  24. It sounds like it may be another way for VA to disrespect Vietnam veterans.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use