gs106

It did show up on eBenefits as a new claim with an estimated completion date 6/28/2018 to 6/20/2019

Buck, I checked eBenefits about 30 minutes ago and had two C&P exams scheduled for next week without any input from me. I called the VAMC and talked with a guy in C&P scheduling and the first thing he said without even knowing who I was..."we tried to call you". He connected me with a supervisor and she rescheduled one of them to Friday of this week. No conflict with the other one on Wednesday of next week. I also saw that I now have two open claims...one of them must be for the c-file request. This is what the status shows. Freedom of Information Act / Privacy Act Request Under Review Attention: Status Has Changed

Thanks Buck, in the past I had C&P exams scheduled and just got a letter telling me where and when. I received a phone call for the last two C&P exams and the person calling me asked if the day and time was okay. Just wondering if that is their current policy. I requested a copy of my c-file on 30 March 2016 via certified mail but haven't received a reply.

I submitted a new claim on 14 April and the status changed to gathering of evidence this morning. The needed from others tab shows a request from VA Medical Facility which is probably for a C&P exam. Do they always call the veteran to schedule a C&P exam or do they just make the appointment without the veteran's input? Second question: I submitted it as FDC. I have submitted new evidence to support two pending appeals. Is that new evidence now in my c-file and available for review by the rater of the new claim and is it likely that he/she will review it? My other option is to upload it via eBenefits for the pending claim but don't want to remove it from FDC unless the experts on here don't think they will see it otherwise.

One thing I have seen get results locally is for a veteran to go to one of the local television stations and ask them for help in finding out what is delaying their claim. That seems to get the VA folks attention more than anything else. They seem to be very shy when it comes to negative media attention and try really hard to turn the spotlight off.

Thomas, it was mailed from the Columbia, SC office - return address and zip confirmed. They also included the "Where to send your written correspondence" page and it still says I should send it to Newnan, GA. That is where I sent the NOD and it was forwarded to Janesville, WI. When I sent the NOD I attached a plain sheet of paper with my explanation of disagreement as an addendum to block 12a of the VA Form 21-0958. The letter I received today included a VA Form 21-4138 (Statement in Support of Claim). Is that what I should have used as a continuation of block 12a or was the way I did it acceptable? Thanks

I filed a NOD on VA Form 21-0958 and on that form...Part III - Appeal Process Election, Block 9. Select One Of The Appeals Processing Methods Below I put an X in the block beside Decision Review Officer (DRO) Review Process. Pretty clear right? Apparently not. Today I received a letter that begins: Dear Mr. XXXXXXXX: We received your written disagreement with the Department of Veterans Affairs (VA) decision of April 14, 2016. This letter describes what happens next: A few paragraphs down...How Do I Select DRO or Traditional Appeal Process? You must notify us within sixty (60) days from the date of this letter whether you want to have your case reviewed by the DRO or by the traditional appeal process. If we do not hear from you within 60 days, your case will be reviewed under the traditional appeal process. Do they do this to get veterans so frustrated they will just give up or is it their way of passing as many cases as possible to the BVA and reducing the workload at the RO? Surely they can't be so incompetent that they can't read their own form. Should I spend another $7.15 to once again tell them that I want a DRO review or should I attempt to contact someone via email, call Peggy, etc.? Contacting the VSO is not a good option.

I believe that it may be to your advantage to file for increase and if you have nerve damage secondary to the spine, file for that also. If you are rated for IVDS you can't be compensated for the nerve damage or ROM separately. I know VA is supposed to rate you based on what will give you the higher rating but that may or may not happen, Just my opinion. III.iv.4.A.3.a. Evaluating Manifestations of SpineDiseases and Injuries Evaluate diseases and injuries of the spine based on the criteria listed in the 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine(General Rating Formula). Under this criteria, evaluate conditions based on chronic orthopedic manifestations (for example, painful muscle spasm or LOM) and any associated neurological manifestations (for example, footdrop, muscle atrophy, or sensory loss) by assigning separate evaluations for the orthopedic and neurological manifestations. Evaluate IVDS under 38 CFR 4.71a, DC 5243, either based on the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes (Incapacitating Episode Formula), whichever formula results in the higher evaluation when all disabilities are combined under 38 CFR 4.25. Variations of diagnostic terminology exist for IVDS. When used in the clinical setting, the following terminology is consistent with the general designation of IVDS: · slipped or herniated disc · ruptured disc · prolapsed disc · bulging or protruded disc · degenerative disc disease · sciatica · discogenic pain syndrome · herniated nucleus pulposus, and · pinched nerve. III.iv.4.A.3.c. Example of Evaluating IVDS Situation: A Veteran’s IVDS is being evaluated. · LOM warrants a 20-percent evaluation based under the general rating formula · mild radiculopathy of the left lower extremity warrants a 10-percent evaluation as a neurological complication, and · medical evidence shows incapacitating episodes requiring bedrest prescribed by a physician of four weeks duration over the past 12 months which would result in a 40-percent evaluation based on the incapacitating episode formula. Result: Assign a 40-percent evaluation based on incapacitating episodes. Explanation: · Evaluating IVDS using incapacitating episodes results in the highest evaluation. · Since incapacitating episodes are used to evaluate IVDS, the associated LOM and neurological signs and symptoms will not be assigned a separate evaluation.

Columbia, SC

My latest claim closed on 14 April and I received the decision letter on 18 April.

I don't think so. I am SC for fractured left heel and left ulna but both are rated 0%. The last sentence pretty much says it all. Change Date February 1, 2016 III.iv.4.A.12.a. SC for Fractures Decision makers must not automatically award SC for fracture or fracture residuals based on a mere service treatment record (STR) reference to a fracture. Where SC of a fracture or fracture residuals is claimed, SC will be established when sufficient evidence, such as x-rays, a surgical report, casting, or a physical evaluation board report, documents the fracture. If SC of a fracture has not been claimed and objective evidence such as x-ray report documents an in-service fracture, invite a claim for SC for the fracture. The following considerations apply when granting SC for a fracture: SC will be established for a healed fracture even without current residual limited motion or functional impairment of a joint. Assign a DC consistent with the location of the fracture. The fracture will be rated as noncompensable in the absence of any disabling manifestations.

Anyone surprised? http://www.military.com/daily-news/2016/04/16/ig-report-va-has-been-shredding-documents.html?ESRC=army-a_160420.nl

Thanks DevilDog, when you send new documents do you specify what they are for or do they just go to your c-file? The physical examination I just had has information pertinent to two NODs and an open claim.

Does anyone know if there is a way to submit new evidence via eBenefits for a pending appeal? I appealed a denial for increase in lumbar spine (rated 10%). I went to a pain management center for evaluation and epidural. They did a physical examination and the report says in part "The patient forward flexes 30 degrees, extends -5 degrees. He is unable to right or left side bend." If I can't submit it via eBenefits, how should I submit it? I have a newly submitted claim that is hopefully a FDC but if I send the new medical report to the evidence intake center won't that make the pending claim a standard claim? Sorry for all the questions but there doesn't seem to be an easy way to do this. The VSO is not a good option since he is 150 miles away and the only way to contact him is to call and IF he is in the office the receptionist will leave a message, if not, call back. I could drive the 150 miles and hope he's in so I can wait several hours to see him.

I don't see any big change except providing clarification. I am surprised that you don't have to use it to keep the rating...maybe they're thinking that if you don't use it you may die earlier and save VA money in the long run. Vync hit the nail on the head with his comment about buying a machine online....".Use absent a medical determination that the device is necessary does not qualify."

o. Evaluating Sleep Apnea 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.

I had the lumbar epidural today Vync. It was a private doctor and he was looking at an x-ray to guide him (I guess). No pain from the injection site yet but of course my legs and feet are still numb. He said he thought it would help but couldn't guarantee it. That's a catch 22 Meddac...lotion and dry skin

Thanks Meddac

This is probably not the right place to post this but.....does any know if an epidural injection in the spine/nerves will affect EMG results?

http://militaryadvantage.military.com/2016/04/appeals-court-finds-the-va-wronged-vets-by-ignoring-2010-law/

I received the decision letter today and don't know what to make of it. I am going to be nice and presume that the VA raters are all well trained and make decisions based on ALL available evidence. I am going to post parts of the decision with my added comments and ask that some knowledgeable folks on this site suggest what I should do next. Decision LeDecision Letter.doc Well, I don't guess that worked. If any of you can open the document, look at the 1st explanation that says there was a 2003 diagnosis of ulnar neuropathy and carpal tunnel syndrome and then take a look at the last entry that says there is no evidence showing that your carpal tunnel syndrome and cubital syndrome are related to your military service. I know that I can't be rated for cervical radiculopathy, carpal tunnel, and cubital tunnel but the left arm should have been rated as all radicular nerve groups as the right arm was. All EMG reports show the carpal tunnel as moderate and I was prescribed wrist braces by VA and the last physical therapy note says that the numbness and weakness have gotten worse since beginning physical therapy. With that information, I thought they would rate it as moderate. Should I accept it as is or should I file a NOD?

I have another question. My existing claim closed today so I can file the new claim. I have an appointment with a pain clinic on Tuesday, 19 April for the pain/numbness in my legs and feet. Should I wait and try and get notes from that visit to include in the claim? I am filing a FDC and don't want to submit any additional evidence after I submit the claim. Would notes from a pain clinic be helpful at all?

My claim closed today and from what I can decipher from eBenefits, i got an additional 20% for right upper radial group but overall remains at 80%.

Thanks, I hope yours goes well.

Any other status change? Your initial post was last Wednesday so it has been almost a week. Mine went to preparation for notification today so maybe it will close before the end of April. Any idea when disabilities change on eBenefits when a claim closes?