Jump to content
VA Disability Community via Hadit.com

  Click To Ask Your VA   Claims Questions | Click To Read Current Posts 
  
 Read Disability Claims Articles   View All Forums | Donate | Blogs | New Users |  Search  | Rules 

gs106

First Class Petty Officer
  • Posts

    149
  • Joined

  • Last visited

Everything posted by gs106

  1. DD Form 149 is to request changes to DD 214. The address to send the request is on the back of the form. The address Buck posted above in Arlington, VA is correct for the Army http://www.dtic.mil/whs/directives/forms/eforms/dd0149.pdf
  2. Buck, if something happened that you were involved in, it may be in the unit morning report. This is information on getting copies of the morning report; FEDERAL RECORDS - (NON-ARCHIVAL RECORDS) ACCESS Army Morning Reports and Unit Rosters, dated 1960-1974, are non-archival.* Individuals may access these records by submitting a written request for copies of the records via postal mail or fax. Federal law [5 USC 552a(b)] requires that all requests for records and information be submitted in writing. Each request must be signed (in cursive) and dated (within the last year). Please include as much of the following information in your request: the exact unit of assignment ("Company A, 1st Battalion, 116th Infantry Regiment"), a description of the action ("I was wounded and sent to a hospital") and an approximate date ("June 1944"). Without this type of information, the NPRC may be unable to perform a search. Mail a letter or Standard Form (SF) 180, Request Pertaining to Military Records to: National Personnel Records Center 1 Archives Drive St. Louis, MO 63138 Fax a letter or Standard Form 180 to: 314-801-9195 SEARCH FEES: The NPRC may assess a fee for non-archival records, depending on the number of searches required. If that is the case, payment is required before the searches are undertaken. Fees are assessed for our time spent locating the records (at the rate of $13.25 per hour) and for any copies that are made (first 6 pages, $3.50; each additional page, $0.10), with a minimum charge of $8.30. A deposit of $8.30 is required before we begin the search. You will be billed for any additional costs. All remittances should be made payable to the National Personnel Records Center. Individuals who have a strong desire to view these records in person may request an appointment in our Federal Records Center Research Room. OBTAINING RELEASE AUTHORIZATION FROM ARMY: If you wish to review Army non-archival morning reports in person, you will first need to write to the following office to obtain the required authorization for access to these records: Department of the Army Freedom of Information and Privacy Acts Office 7701 Telegraph Road Alexandria, VA 22315-3860 * Army Morning Reports and Unit Rosters, dated 1960-1974, are non-archival. Non-archival records are maintained under the Federal Records Center Program and are subject to access restrictions. Army Morning Reports and Unit Rosters, dated 1912-1959, and all Air Force Morning Reports, are archival records. These records have been accessioned into the National Archives and are open to the public. See above for information on how to access archival Morning Reports and Unit Rosters
  3. Dtown, you should remove your name from the attachment. It's hard to read the DBQ but from what I was able to see, I think you will probably be rated at 10%.
  4. I asked a question about this C & P exam in another forum but need to ask another. In the DBQ medical opinion request, the rater stated that he couldn't pull up an EMG from 2014. I went to my local VA clinic this morning and asked them to print a copy of the EMG results. The results say that I have moderate bilateral median neuropathy at the wrist as in carpal tunnel syndrome. I phoned the DAV office, the RSO returned my call and told me to fax the results to him ASAP so he could take it to the RO as moderate vs mild was noted. During the conversation with the RSO, I asked him which disability I would be rated on since being rated on all three would probably be pyramiding. He said that wasn't true and that I would be rated on all three. "I've been doing this 17 years and know what I'm talking about, otherwise you could be down here doing my job." My question: is he correct? The doctor also seemed to say it was three different issues. DBQ Medical Opinion 1: Please review the following documents and provide an opinion as to whether or not the Veteran has a diagnosis of any type of right peripheral nerve injury related to service or to his cervical spine. A - Peripheral nerves examination dated 12/5/15, which references EMG from 2014 (which we can't pull up). The examiner states that the right upper extremity symptoms are related to CTS and no other condition. B - EMG from a private medical provider showing mild ulnar neuropathy and C7 radiculopathy of the right upper extremity C - STRs - 10/31/2000 - showing bilatearl cervical radiculopathy, 3-22-01 - complaints of numbness and tingling, 1-25-05 - complaints of numbness and tingling D - STRs - 10/15/03 - Tinel's sign + over the right and left ulnar nerve at the elbow, 12/2/03 - bilateral ulnar nerve neuropathy diagnosed while in service The examiner stated that the right upper extremity is CTS; however, we have the private EMG showing moderal CTS on the right with ulnar neuropathy and C7 radiculopathy. Please review the evidence listed above (noting that you are not restricted to just the evidence above) and state whether or not the Veteran has a diagnosis of right upper extremity radiculopathy secondary to his cervical spine, or right ulnar neuropathy directly related to military service. Reviewing Doctors’ Response VBMS reviewed. As noted, veteran appears to have cervical radiculopathy, ulnar neuropathy, and CTS. As each of these abnormalities are in anatomically different locations, they are not mutually exclusive. He has STR noting bilateral cervical radiculopathy in 2000 as well as an '03 dx of ulnar neuropathy and positive exam findings for CTS. It would appear more likely than not that veteran has neuropathies involving all three anatomical locations based on exam and NCS findings and is at least as likely as not that they fit the time frame to connect to service.
  5. I can logon but the only thing I can see is appeals status and I can look at my VA medical records but not the appointment calendar. The page looks the same as always but I get an error message when I click on anything except medical records. When I click on work in progress I get the message in my original post but if I scroll down I can see the appeals status.
  6. I usually go to the Columbia, SC VAMC and get a paper check in the mail. I had to go to the Asheville, NC VAMC for my last C & P on Saturday. I had to take a new direct deposit form and complete VA Form 10-3542 and leave it with the C & P folks. I got the direct deposit about 10 times faster than I get the paper check when I go to Columbia. I also had 16 physical therapy appointments at a non VA facility and had to send the 10-3542 to Columbia, SC along the the letter authorizing the treatment. I have talked to a supervisor in the travel office twice and been able to get travel pay outside the 30 day window when the kiosk was screwed up at the local VA clinic. I also had to send a statement listing all appointments and saying that I kept all appointments signed by the physical therapist for the non VA treatment.
  7. Thanks everyone, I regularly delete browsing history, cookies, etc. Just did it and it didn't help. The only thing I can see is appeals status and of course that NEVER changes. If Amazon, Walmart, etc. ran their websites like VA does they would be out of business in a very short time.
  8. Is anyone else having problems accessing claims status and letters on eBenefits? I got the following messages this morning. CLAIM STATUS: This feature is currently unavailable. Please try again later. If you need immediate assistance, contact VA at 1-800-827-1000 Monday-Friday, 8am to 9pm EST. We apologize for any inconvenience. The following error occurred: · VbaClaimStatusWsClientException: Could not retrieve claim status. VA LETTERS: Unexpected Error We're sorry, but an unexpected error has occurred. Please return to the main site and try again. Customer Support Information: Error ID: 1451652395798 Server ID: ManagedServer007
  9. Thanks Berta, I just called the VA hospital where the C & P was done and was told that he is a nurse practitioner.
  10. Does anyone see any contradiction in the C & P examiners notes on whether I can perform sedentary work? Excerpts from IU DBQ: 14. Functional impact --------------------- Regardless of the Veteran's current employment status, do the condition(s) listed in the Diagnosis Section impact his or her ability to perform any type of occupational task (such as standing, walking, lifting, sitting, etc.)? [X] Yes [ ] No If yes, describe the functional impact of each condition, providing one or more examples: Knees INABILITY TO BEND/SQUAT. INABIITY TO STAND FOR PERIODS > 15-20 MINS AT ONE TIME. DIFFICULTY SITTING AND STAND FROM SITTING. 15. Remarks, if any: Physical labor: This condition can negatively affect the Veteran's ability to ambulate, lift and carry heavy objects, kneel, as well as climb ladders and stairs. Sedentary labor: This condition can negatively affect the Veteran's ability to sit for prolonged periods of time without getting up to walk around. However can participate in sedentary labor. This condition should not impact sedentary labor. cervical spine: This condition can result in the veteran being unable to lift or carry, may impact veteran's ability to flex his neck as might be required while working physical labor Simple motions of the neck which may be required during physical or sedentary work may exacerbate symptoms and necessitate the avoidance of some motions, further limiting physical labor however not impacting sedentary labor. This condition should not impact sedentary labor. shoulders: Physical labor: This condition can negatively affect the Veteran's ability to lift, carry, push, or work overhead due to pain and decreased ROM. Sedentary labor: This condition should not impact sedentary labor. Radiculopathy, LUE: This condition results in decreased agility, decreased strength, and pain. Each of these may impact the veteran's ability to lift or carry, or use his upper extremity for any activity. Simple motions of the neck which may be required during physical or sedentary work may exacerbate symptoms and necessitate the avoidance of some motions, further limiting physical work however not sedentary employment This condition should not impact sedentary labor.
  11. Background: I had a C & P exam on 5 Dec 2015 for several disabilities. The examiner didn't mention cervical radiculopathy during the exam but in his notes he stated that the numbness in the upper extremity was caused by carpal tunnel syndrome and not cervical radiculopathy. Cervical radiculopathy had been diagnosed twice...once while I was on active duty and once after. Are the second examiners findings as shown below likely to help my claim? Excerpts from the DBQ: The examiner stated that the right upper extremity is CTS; however, we have the private EMG showing moderate CTS on the right with ulnar neuropathy and C7 radiculopathy. Please review the evidence listed above (noting that you are not restricted to just the evidence above) and state whether or not the Veteran has a diagnosis of right upper extremity radiculopathy secondary to his cervical spine, or right ulnar neuropathy directly related to military service. Second examiners findings: VBMS reviewed. As noted, veteran appears to have cervical radiculopathy, ulnar neuropathy, and CTS. As each of these abnormalities are in anatomically different locations, they are not mutually exclusive. He has STR noting bilateral cervical radiculopathy in 2000 as well as an '03 dx of ulnar neuropathy and positive exam findings for CTS. It would appear more likely than not that veteran has neuropathies involving all three anatomical locations based on exam and NCS findings and is at least as likely as not that they fit the timeframe to connect to service.
  12. Only physical... the IU claim was for the disabilities listed. I don't expect it to be approved, just curious to know if the "this condition should not impact sedentary labor" statement is standard for VA.
  13. Is there any chance of being awarded IU if the C & P examiner states that "this condition should not impact sedentary labor"? It seems to be a standard statement for all my disabilities. The following are his statements regarding the effects on my ability to work. cervical spine: This condition can result in the veteran being unable to lift or carry, may impact veteran's ability to flex his neck as might be required while working physical labor Simple motions of the neck which may be required during physical or sedentary work may exacerbate symptoms and necessitate the avoidance of some motions, further limiting physical labor however not impacting sedentary labor. This condition should not impact sedentary labor. both shoulders: Physical labor: This condition can negatively affect the Veteran's ability to lift, carry, push, or work overhead due to pain and decreased ROM. Sedentary labor: This condition should not impact sedentary labor. both knees: Physical labor: This condition can negatively affect the Veteran's ability to ambulate, lift and carry heavy objects, kneel, as well as climb ladders and stairs. Sedentary labor: This condition can negatively affect the Veteran's ability to sit for prolonged periods of time without getting up to walk around. However can participate in sedentary labor.This condition should not impact sedentary labor. Radiculopathy, LUE: This condition results in decreased agility, decreased strength, and pain. Each of these may impact the veteran's ability to lift or carry, or use his upper extremity for any activity. Simple motions of the neck which may be required during physical or sedentary work may exacerbate symptoms and necessitate the avoidance of some motions, further limiting physical work however not sedentary employment. This condition should not impact sedentary labor. I also have bilateral carpal tunnel with regular use of wrist braces but it appears that the examiner lumped the employment question about carpal tunnel with radiculopathy.
  14. Does anyone know why a supervisors signature would be needed in the evidence gathering phase? I filed a claim in Aug 2015 through DAV. I checked eBenefits to see if it had shown up yet and the status is "gathering evidence". It had a triangle with a red exclamation mark and the statement: "requested documents are past due". I telephoned DAV and the lady said they weren't waiting for documents from me but was waiting for a supervisors signature. Is a supervisors signature needed for them to request a C & P exam?
  15. Thanks Vync, I have an appointment with my real doctor next month. I'm going to ask her to refer me for an endoscopy because I am still having a lot of abdominal pain. The H. pylori test wasn't negative, it was equivocal. The nurse practitioner saying it was negative doesn't change the test result.
  16. Question for some of the experts. I requested an increase for GERD and had an initial C & P exam. When I received the decision notification, the GERD had been deferred and I was scheduled for another C & P exam. The second doctor (wife of the first one) ask me a few questions and sent me to the lab for a blood sample for H. pylori bacteria. The lab result was equivocal (unable to determine). The nurse practitioner who wrote the report stated that the lab result was negative. I was told verbally that, based on the NPs report, a decision has been made and the GERD rating was not increased. The second C & P doctor referred me to have x-rays of my esophagus and stomach. The radiology report showed up on eBenefits this morning and says I have a "small reducible hiatal hernia". My question is: will they determine that the hernia is a contributing factor to GERD or will it be considered separately. My guess is that it will be left as is because the symptoms are the same for both. I am rated 10% for GERD. My symptoms match those for the 30% rating shown below. 7346 Hernia hiatal: Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60 Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30 With two or more of the symptoms for the 30 percent evaluation of less severity 10
  17. I filed a claim via DAV VSO on 25 March 2015. When it showed up on eBenefits, I noticed that two of the disabilities that the VSO told me he was requesting an increase for weren't there. I called the VSO and he told me to go ahead and file another claim if I wanted to. I filed a FDC via eBenefits for an increase in all disabilities on 21 April 2015, including those the VSO had already filed for. I was scheduled for a C & P exam on 20 June 2015 and the decision notification letter was dated 30 June 2015 with two of the disabilities deferred. I didn't use the "ask VA to decide your claim" button and thought mine was decided pretty fast.
  18. Thanks, perhaps I wasn't clear enough with my question. I do have a premium account on eBenefits and the current status is pending decision approval. The decision has been made. The claim was for increase in compensation for both knees (10% each), both shoulders (10% each), cervical spine (20%), thoracic spine (0%), and GERD (10%). The decision notification gave me 20% for cervical radiculopathy, left upper extremity (should have been right upper extremity - see another post under C & P examinations) secondary to cervical spondylosis and degenerative disk disease. Increased right shoulder to 20%, increased thoracic spine to 10%, left both knees and cervical spondylosis the same. The GERD and left shoulder were deferred. I had another C & P exam for GERD and left shoulder on 8 July 2015. I have been told verbally that the left shoulder was increased to 20% and the GERD remains 10%. Those are the two remaining disabilities that are "pending decision approval". The original decision notification gave me 70% combined and if the left shoulder was increased to 20% as I was told, the combined rating should increase to 80% if I calculated it correctly. So, any ideas on how long it takes for decision approval after the decision is made. It seems that the original decision went from preparation for decision to pending decision approval to preparation for notification in about two days. The first C & P exam was on 20 June 2015 and the decision notification letter is dated 30 June 2015. I guess the ten days from exam to notification gave me false hope that all processes are moving more quickly.
  19. Does anyone know how long a claim normally stays in "pending decision approval" status on eBenefits before notification?
  20. I just had a C & P for shoulders on 20 June 2015 and Hamslice is right. I was rated 10% for each shoulder for impingement and arthritis for the past 10 years. I requested an increase for the right shoulder in 2009 but was denied. I requested an increase for both shoulders in April 2015. I received the notification and was awarded 20% right shoulder with left shoulder deferred. I got a phone call last week and was told verbally that the left shoulder has been increased to 20% also. STOP when you feel pain. I'm not sure how they rate a torn rotator cuff or ligament damage but it has been my experience that they put for emphasis on range of motion than anything else. This is the table from CFR 38 for the shoulder and arm. The Shoulder and Arm Rating Major Minor 5200 Scapulohumeral articulation, ankylosis of: Note: The scapula and humerus move as one piece. Unfavorable, abduction limited to 25° from side 50 40 Intermediate between favorable and unfavorable 40 30 Favorable, abduction to 60°, can reach mouth and head 30 20 5201 Arm, limitation of motion of: To 25° from side 40 30 Midway between side and shoulder level 30 20 At shoulder level 20 20 5202 Humerus, other impairment of: Loss of head of (flail shoulder) 80 70 Nonunion of (false flail joint) 60 50 Fibrous union of 50 40 Recurrent dislocation of at scapulohumeral joint. With frequent episodes and guarding of all arm movements 30 20 With infrequent episodes, and guarding of movement only at shoulder level 20 20 Malunion of: Marked deformity 30 20 Moderate deformity 20 20 5203 Clavicle or scapula, impairment of: Dislocation of 20 20 Nonunion of: With loose movement 20 20 Without loose movement 10 10 Malunion of 10 10 Or rate on impairment of function of contiguous joint.
  21. If enacted, this will, at least in the immediate future, effect Vietnam veterans more than any other group. Vet Groups Warn Hill Not to Act on Aging of ‘IU’ Claimants Read more: http://militaryadvantage.military.com/2015/07/vet-groups-warn-hill-not-to-act-on-aging-of-iu-claimants/#ixzz3gWt9LjRX MilitaryAdvantage.Military.com
  22. Can someone please explain how a C & P examiner can write what he or she pleases without regard to the examination? I finally got to look at the x-ray results and examiner's notes from my C & P exam. I couldn't bend forward 60 degrees if I had someone forcing me forward and may have made it to 45 degrees with pain during the exam. Can a NOD be for a specific disability(s) or does it have to be for everything in the notification? Is there an alternative to a NOD when the examiner made numerous incorrect entries in his notes? Finally, in the decision it states "xxxxx unless the evidence shows: xxxx xxxx abnormal spinal contour such as scoliosis." Does that not contradict the x-ray report that says "mild scoliotic curvature is present"? X-ray report: Report: Lumbosacral spine: Examination of the lumbosacral spine demonstrates intact bony structures. Mild scoliotic curvature is present. An Paravertebral soft tissues appear normal. The intravertebral disc spaces demonstrate diffuse degenerative changes throughout the lower thoracic spine. There is degenerative disc narrowing at L1-2, L2-3, L4-5 and L5-S1. Disc vacuum is present at L5-S1 with loss of normal disc space at L4-5 and articular sclerosis. Second-degree spondylolisthesis is present at this level. There is advanced posterior element sclerosis from L3-S1. Marginal hypertrophic spur formation occurs at all lumbar levels. No acute injury is identified. Sacroiliac articulations are anatomic with bilateral articular sclerosis. Impression: Lumbosacral spine with degenerative disc disease. L4-5 spondylolisthesis. Diffuse posterior element sclerosis. Degenerative osteophyte formation. END Decision notification: We have assigned a 10 percent evaluation for your arthritis, thoracic spine based on: Localized tenderness not resulting in abnormal gait or abnormal spinal contour. Additional symptom(s) include: Combined range of motion of the thoracolumbar spine within normal range Forward flexion of the thoracolumbar spine within normal range Painful motion upon examination The provisions of 38 CFR 4.40 AND 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR 4.59. A higher evaluation of 20 percent is not warranted for degenerative arthritis of the spine unless the evidence shows: Combined range of motion of the thoracolumbar spine not greater than 120 degrees: or, Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Additionally, a higher evaluation of 20 percent is not warranted for degenerative arthritis of the spine unless the evidence shows: X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating exacerbations.
  23. I am new to this forum so bear with me please. Background: I filed a claim for increased compensation for both knees, both shoulders, cervical spondylosis, thoracic spine, and GERD. Increase for knees and cervical spine was denied. I was awarded a 10% increase (to 20%) for the right shoulder and 10% thoracic spine (was 0%). The GERD and left shoulder were deferred....I had another C & P exam last week for GERD. I was awarded 20% for LEFT upper extremity radiculopathy secondary to cervical spondylosis and degenerative disk disease. The problem is that it should be the RIGHT upper extremity clearly indicated on the neurology report. I didn't notice that my notification letter had left instead of right until I saw the C & P examiners notes on eBenefits and he had checked left on everything related to the radiculopathy. I checked the notification letter and it does say left upper extremity. I called the DAV office this morning but the RSO who has been assisting me is in DC until 27 July. Does anyone have any idea how involved the process of correcting their error is and how long it will take? Should I contact VA or should I wait for the RSO to return? Thanks
×
×
  • Create New...

Important Information

Guidelines and Terms of Use