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Everything posted by syne7

  1. Hello, I am looking for IMO/IME Recommendations from the around central texas area. I am willing to drive 3-5 hours. Please share any experiences or contact info. Thanks, syne7
  2. Hello, Technical question here. Is it possible to have an inferred claim prior the 2000/VCAA or do they only start after that period. Specifically in an initial claim in 1998, if the C&P Examiner for left ankle, states, "Veteran has pain in feet, ankles, and legs. Hurts when has to move equipment at work." Does that open the door for an "inferred claim" for feet, knees, and right ankle potenitally?
  3. That sounds really convenient.
  4. Call LHI corporate and ask if you exams have been sent to the VA. It's an electronic system and they will tell you. If they have been sent, it's time to send a polite email the VARO director of the site handling your claim, stating you feel your claim has been "lost." Outlining who you've called and what they have said. Then politely ask for someone to be assigned to "find your claim" and help keep it moving in the an appropriate time frame. I've had great luck with this on 3 occasions. I got calls within 3 days and resolution with in the week. (I send an email to the entire listed leadership team which is usually 3-4 people).
  5. The communications show up in notes so they wil be potentially read at a minimum. I send my doctor a message before and after each visit to document my issue/symptoms before and the visit after. At a minimum it documents your "complaints of issues and a record of what you actually said. i recommend using it. My local VHS team has really tightened up execution since I started documenting everything in writing.
  6. Buck, Sorry didn't see this... I have processed 3 claims this year since apri, moved myself from 10% to 30%, then from 30% to 70%, and now from 70% to 90% (as of last week). Dr Ellis's note was a big help especially with my knees and feet. I have tips if you are gonna go see him.
  7. Based on what you stated thus far. It looks like you may have had Metabolic Syndrome in service, which is pre-indicate/cause of diabetes. It's certainly worth a claim. If you go to medical provider and get an opinion stating that your DM2 is connected to your military service. I would like for and IMO/IME/or Nexus letter from a known provider such as Dr. Ellis, Dr. Bush etc.... I would claim DMII for primary service connecting in Ebennies and Metabolic Syndrom Primary in Ebennies and DM2 Secondary to Metabolic Syndrome (MBS). MBS is an objective diagnosis, you have the scores or you don't. Also, you might have other service connected conditions that cause or exacerbate/aggravate DM2 for service connection. My personal belief is that you can make this happen, if you are willing to the do the leg work of getting letters and the facts support the contention. What are your SC disabilities currently?
  8. Sounds like you may have had metabolic syndrome in service. If it is so, that would help with a dm2 claim. https://www.nhlbi.nih.gov/health/health-topics/topics/ms
  9. Absolutely you should. In addition to glucose levels you can also look at triglycerides and other indicators of diabetes, and also metabolic syndrome which combines five stats of which cholesterol is one restaurants, waist size and others blood pressure. Proving in-service metabolic syndrome goes a long way to connect and diabetes. Also diabetes can go for many many years and diagnosed in the Nexus night help you. I believe the criteria is three out of five for metabolic syndrome
  10. REP stands for reopen. Reopening a claim with new and material evidence.
  11. Found this in an appeals search, thought it might be helpful to some: http://www.va.gov/vetapp16/Files4/1627677.txt "The Veteran has current sleep apnea that is the result of obesity that had its onset in service." In fact this person only "approached obesity" "There is no dispute that the Veteran has currently diagnosed hypertension and sleep apnea. The VA examiner attributed these disorders to obesity. The service treatment records document excessive weight in service that at least approached the level of obesity. Obesity was documented only a few months after the Veteran left service and his weight was not reported at the time he left service. This evidence makes it at least as likely as not that the Veteran became obese in service and that the obesity caused the current hypertension and sleep apnea. Resolving reasonable doubt in the Veteran's favor, the criteria for service connection are met. 38 U.S.C.A. § 5107(b) (West 2014)." This literally says, "the Veteran became obese in service"
  12. Broncovet, This is a tough one. You could be genetically pre-disposed to diabetes (without obesity), but if it manifests in service, it's service connected. Same with most illnesses, especially if you have the "presumption of soundness."
  13. In my recent denial for sleep apnea secondary to service-connected asthma, the medical opinions stated that OSA has several primary causes, such as obesity, advancing age, sinus congestion etc... The VA provider referenced the many events of sinus congestion in my medial records and initial sleep apena diagnosis and implied is was more likely sinus congestion than asthma... I am now looking to file a reconsideration and am thinking to service-connect the sinus congestion/post nasal drip with OSA as a residual. Essentially, OSA secondary to Sinus congestion. I would be interested in thoughts about this strategy: 1. Does this seem like a viable or potentially helpful strategy? 2. Does this nexus letter seem appropriate to try and connect sinus congestion? Here is the Nexus Letter Draft: XXXXXXXXXXX -- Sinus Congestion and Post Nasal Drip. To whom it may concem, I am wrriting this VA Nexus letter at the request of Mr. XXXXX has been under my care since 9/29/2015 for asthma and allergic rhinitis with clu·onic sinus congestion, and clu·onic post nasal drip . Mr. XXXXXX's moderate to severe clu·onic sinus congestion and moderate to severe clu·onic post nasal drip are currently treated daily with maxintal medication therapy including saline sinus rinse, fluticasone and azelastine as well as salt water gargle. I have examined Mr. XXXXX's VA Claims File (cfile) and service medical records. I am familiar with his medical history and have also performed physical exarninations over the course of his 8 visits to om clinic, most recently on 10/17/l 6. It is my medical opinion that the veteran's sinus congestions and post nasal drip is more likely that not related to his military service and associated with his service-connected asthma; the rationale being that. Mr. XXXXX demonstrated no prior history of asthma or allergic rhinitis including sinus congestion, and post nasal drip prior to military service, as annotated on his medical entrance exam, and was while in military service diagnosed with "reactive airway disease" in 1992 and noted to have a positive methacholine challenge in 1994 consistent with an asthma diagnosis, and was seen on multiple occasions for sinus congestion, post nasal drip, acute rhinitis, and upper respfratory infections. Mr. XXXXX reports recurring symptoms since leaving service and often patients that develop astluna also develop other atopic conditions such as allergic rhinitis with symptoms or clu·onic sinus congestion and clu·onic post nasal drip. Mr. XXXXX's medical record demonstrates that these sinus congestion and post nasal drip symptoms manifested in service and have been clu·onic ongoing medical conditions up to the present time. Please do not hesitate to contact us if you have any additional questions or needs. Sincerely, XXXXXX, MD Board certified in Adult and Pediatric Allergy & Immunology, The American Board of Allergy and Immunology Board certified in Internal Medicine, The American Board of Internal Medicine Redacted Nexus Letter.pdf
  14. I have that in another letter from another provider. Sinus Congestion/PND can be connected by itself can it not?
  15. This is the draft he sent me to review as he has not written a VA letter before and wanted to ask if it would meet my needs. I asked him for a nexus letter for sinus congestion/PND because the VA examiner said my OSA could due to sinus congestion. I did not ask him for an OSA letter, because he does not treat me for that. However, I am hopeful that if I connect sinus congesion, I can then connect it to OSA based on the VA Providers opinions.
  16. Yes, the VA provider that provided the opinion that denied the claim stated: The VA doctor stated, "Moreover the veteran had risk factors of advancing age, males sex, obesity, nasal congestion, and a narrowed airway which either alone or in concert would have predisposed this individual to develop the sleep apnea condition." Hopefully the reconsideration will take all these into account.
  17. A1C is really the standard and will show right away. It's a essentially a glucose indication of the past 2-3 months. You'd need an opinion from a doctor of potential undiagnosed diabetes from 2002. You might persue that. They accepted my exit exam with Metabolic syndrome as proof though I was diagnosed with in a year of discharge and my doctor's records had the "date of diagnosis" recorded.
  18. This is great advice. I really appreciate it. I have used IME doctors because I find it so difficult to get "regular" doctors to write notes. They freak out LOL.
  19. Let's not do this sort of thing. People can have different opinions.
  20. Thank for the info. Just sent you a PM for attorney contact info. I appreciate you sharing your experiences.
  21. I have already used them. Dr. Ellis is a nice man and very passionate about helping veterans.
  22. Buck, WHo was the Doctor in Oklahoma?
  23. Consider gathering lay statements or buddy statements from Veterans in service. They can testify to symptoms and observations. Based on my readings of VA appeals, I believe in cases where records are lost, such statements (including your own) should be given more weight.

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