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syne7
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Posts posted by syne7
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That sounds really convenient.
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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).
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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.
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On 10/13/2016 at 0:43 PM, Buck52 said:
Syne7
You have used Dr Ellis from Okla City.??
How did your outcome turn out?
Usually a VA Dr won't write a Nexus because they can be fired for doing it. As of 2010 the VA came out with special EMPLOYMENT RULES that prohibits a VA Dr to write these.
This Must be why they are very reluctant or telling us no.
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.
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8 minutes ago, rootbeer22 said:
Folks:
Stayed up too late last night going over my medical records for this potential Diabetes II claim and think I hit a snag? On my retirement physical it says that I had over 105 (actually 106) for a Fasting Glucose and they considered it as high via the lab report? Now they range from or 110-160 and I'm on Medformann? But when I read the VA Circa 2000 Diabetes Training Letter last night it appears that a vet has to have at least a Fasting GLU of over 126 in service to qualify for a Diabetes diagnosis and compensation? Also, despite what I did in service with diet, I had terrible high cholesterol, liver hepatic stenosis and very high hyperglycemia. I was also diagnosed with a fatty liver when I was in service as well. Frankly, I'm not sure if the symptomatology alone or the progression of the disease inn service will get me over the hurdle to compensation now unless someone can give me a better idea of how to attack the possible service connections for the Diabetes that I have?
That said, before I drop this idea completely, I wanted to reach out one more time to you great folks at hadit.com to see what you think if I had a chance and should just drop the effort? I don't want to waste anyone's time or efforts unless I had a shot in the first place of getting a positive outcome. That said, I realize there are no guarantees in this life but also want to be smart about this.
Thanks, Rootbeer22
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?
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Sounds like you may have had metabolic syndrome in service. If it is so, that would help with a dm2 claim.
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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
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REP stands for reopen. Reopening a claim with new and material evidence.
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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."
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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" -
29 minutes ago, Buck52 said:
So the most important issue is to see your Dr...if you can get an appointment just don't say anything to the Nurse then when its your time to see the Doc..POP it on him.
good advise from James
This letter came from my Doctor.
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21 minutes ago, toddt said:
I have to agree with James, where is the connection between your sinus and sleep apnea, without that you will not prevail.
I have that in another letter from another provider.
Sinus Congestion/PND can be connected by itself can it not?
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57 minutes ago, Berta said:
Did your doctor write this draft, or did you?
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.
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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.
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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 -
On 8/25/2009 at 11:13 AM, huskerfanfl said:
I just heard back from the VA nurse. I have had two high glucose reading in a row, 2 weeks apart. She said the doctor wanted to know if they were true fasting labs. I asked the nurse who in the hell would want to fake them. Anyway, I told her they were so she said I am now classified a diabetic. I was not in Vietnam, so there is no presumption there. I have been having elevated blood glucose readings going back to 2002 (I retired from the army in 2004), have had high blood pressure since 2001, and high cholesterol since 2003.
The three HBP, High Cholesterol, and Diabetes have been shown to occur in groups (get one probably will get the other). Does anyone think I may have a chance to get this service connected?
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.
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Writ of Man-dingus! Make it happen :)
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11 hours ago, jamescripps2 said:
John, type into your web browser
usva101.0rg
click on nexus letter, print the two page document.
Copy the case that I gave you in the above post. http://www.va.gov/vetapp14/Files6/1449192.txt Highlight the text pertaining to the doctors medical opinion in the case, therefore simplifying and saving your doctor's valuable time.
Take the copies to a private doctor and pay the co pay using your medicare if you have medicare coverage. If not, expect to pay about 80 to 100 bucks cash for a medical opinion. I have found that about 50% of the doctors will write an opinion if you ask and make it easy on them by furnishing an example,"outline", and another opinion close to what you are contending.
Ask the doc if he can concur with what the examiner in the BVA prior decision is saying. If so, ask if he will write you a letter complying to the nexus letter example that you are furnishing him from the usva101.org website. After filing the claim as a FDC, for OSA sit back and wait on the C&P exam.
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.
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6 hours ago, Inarticulate&Distorted said:
Educate yourself before spreading your bullshit advice, any one that tells a Veteran to not go all the way or go home is a phukin Shill for the VA.
Let's not do this sort of thing. People can have different opinions.
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Thank for the info. Just sent you a PM for attorney contact info. I appreciate you sharing your experiences.
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I have already used them. Dr. Ellis is a nice man and very passionate about helping veterans.
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Buck,
WHo was the Doctor in Oklahoma?
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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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Based on my experience, you should see them in the BBB. I even see when the Nurse documents a phone call for me asking for a refile or other things.
Inferred Claim prior to 2000/VCAA? Is it possible?
in VA Disability Claims Research
Posted
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?