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Tazinhawaii

Seaman
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Everything posted by Tazinhawaii

  1. Thanks. Yes, the lady said I can still file another NOD within a year if I don't get an answer or don't like the answer. So I'll let the reconsideration go until probably next spring and then file the NOD instead. I hope it's quicker than an appeal. I have an appeal for another issue from August still waiting on DRO review.
  2. Yes, I got the award package. They only awarded effective date of March this year. I think this falls in the clear and unmistakable error. I withdrew the NOD and submitted for reconsideration with a copy of the rules and bennies printout of when I initiated my claim and the e-mail I received when I initiated my claim. I think it should be pretty straight forward and they came give me my additional $8K in back pay.
  3. So I got a very interesting phone call yesterday from the VA. The person processing my NOD into the system called to recommend I change it to a reconsideration request instead. She said she talked to people there and they recommended it as it would be much faster and seemed pretty straight forward. She wasn't able to confirm that it's an error, but certainly implied it. We'll see how this works out.
  4. So the VA just awarded my claim for GERD at 10% which increased my overall to 50%. I'm retired Navy so this means the Gov't will stop robbing my retired pay, YEAH!! But I'm confused on how far back my back pay will be. I submitted my intent to file via e-benifits in August 2015. I didn't actually file the claim until 3/2/2016. The disabilities page in e-benefits states the award date is 3/2/2016. I thought the idea of submitting the intent to file was to establish an earlier filing date. I did the FDC claim as well. I haven't gotten my letter yet from the VA. But should I get back pay to Aug 2015?? Or only March 2016? I've spent the last hour searching for answers, but haven't found them. Thank you, Derrick
  5. I have traumatic brain injury service connected, but I'm not sure obstructive SA can be linked to that. No PTSD or anything like that. I was a submariner so we fired but wasn't fired upon.
  6. Thanks all. It will be hard for me to get buddy statements since I was on shore duty pretty much the entire last 11 years of service. Funny the VA will accept statements from other vets, but seem to not care what the wife and family have to say. Going through that mess with my Migraines appeal. I'm going to have the wife try to get a hold of some of the old wives and get in touch with previous shipmates and see what i can get going.
  7. So, I've had sleep apnea since around 2001/2002 when I was in the Navy (Retired in 2012). I was never diagnosed with it though, only insomnia. I finally went and got a sleep study done which confirmed OSA and was prescribed a CPAP through the VA. I was thinking I could never service connect it, but the VA doctor put in my record that I've had the symptoms since 2002/2003. Specifically he wrote "he reports that his wife has been listening to his loud snoring and observing his apneas since at least 2002 or 2003." So do you think this is enough to get service connection? I served from 1989-2012. Thanks, Derrick
  8. So I got my letter from the RO saying they received my NOD for my recent Migraine increase request. Basically, I have migraines service connected at 0% from when I got out of the Navy in 2012. They have gotten worse and now 3-4 times a month. I'm seeing a neurologist at the VA who has prescribed meds. Unfortunately, no matter how many times I tell the neurologist what the headaches are like (debilitating, must lie down, no light/sound), he seems to refuse to write that down in my record. I do also have a secure message I sent to the doc about the prostrating nature in my record, but the doc never did anything with it. Therefore there is nothing indicating they are prostrating attacks (which is why they denied my increase). I did provide a log of my migraines since April very clearly describing these prostrating conditions but apparently the RO didn't care. Then of course the C&P examiner (blood pressure starting to rise now), didn't ask a thing about if they were prostrating. In fact if I wasn't looking over her shoulder she would have recorded that I said the migraine happen once every 3-4 months instead of 3-4 per month. Her integrity leaves A LOT to be desired!!!!! My elbow exam was just as bad. So, now I'm in the appeal process. Sent the NOD with a similar explanation as I typed above (more professional though) and got a response letter today asking if I want a DRO or just start the traditional appeal process. What should I do? Any experience with the DRO actually taking my statement into account (can also bring the wife to testify). Also, I was thinking of using the Veteran's Choice program (or Tricare) to get a second opinion out in town where the doc will probably record in the record the prostrating nature. I thought this was an "open and shut" claim, but alas not so. Do I go through the DRO process or straight to appeal? Suggestions... Thank you
  9. Hello, New here, but been reading for many hours before filing my claim for increased rating (migraines and tendonitis). But I noticed, being typical ex-military, most of the stories on here are horror stories of people fighting the VA for years. So I've been pretty impressed with the timeline thus far on my claim and wanted to pass this along for those of you who might be getting discouraged as I was reading the posts here. Started my claim in eBennies July 23rd. Still had some more VA appointments to go to before I wanted to submit it. Submitted my claim on August 21st Got a call from the VA to schedule my C&P exam on Sept 17 C&P exam scheduled for Oct 28th. So, so far the longest part is waiting for the C&P exam. For my initial evaluation after retiring it was only about 3-4 weeks after that C&P before I received my decision letter in the mail. So hopefully I'll have my decision well before Thanksgiving. I don't know if it's only the Northeast (Manchester, NH), but I haven't had problems with the initial claim process back in 2012 (about 4 months from submittal until decision) or this claim (should be under 90 days). So for those that may be discouraged out there researching their claim as I did, it's not all doom and gloom... Of course as I type this, realize my claims still not done so I'm probably poking fate here. I will update this as the next steps happen. Derrick USN Nuclear Power Limited Duty Officer, Ret.
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