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syne7
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Posts posted by syne7
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Assuming you are talking about a VHA appointment. I would recommend sending the Dr. a Secure message, giving a full run down of your conditions, the pain you are experiencing, etc... in great detail. This messages become part of your VA notes and permanent record. Be very verbose and detailed. This will help alleviate relying on your provider to state your symptoms.
I have started doing this and it's worked very well.
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I got a copy of my VES C&P Exam for my current claim. There was not an opinion requested. Could you please share your thoughts on what you think the outcome might be from this exam?
Does the lack of an opinion request imply that they are conceding service connection?
Thanks for your help. -
Are diabetic neuropath and sciatica rated separately or together under "nerves"?
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I just put in my new claim for:
Bi-lateral Feet
Bi-lateral Knees
GERD
Right Wrist
Right Thumb
Arthritis
Hearing Loss
I turned in a nexus letter for each item, and a IMO.
I have been scheduled for C&P Exams for Feet, Knees, and hearing loss.
Is it possible that wrist, thumb, GERD and arthritis will be rated with out C&P exam?
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What disability are you wanting to apply for and how is not having an exit exam hindering you. I agree you should have had an exam, but it may more may not be an issue depending on what you are trying to accomplish.
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Are you saying you claimed feet and never gave you a decision on it?
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I have a friend who is rated 20%
10% Tinnitus
10% GERD
He just went in the hospital for a heart valve replacements. The surgeon gave him a referral for 100% temporary application.
Does the 100% only apply for service connected conditions?
Can he explore GERD exacerbating the heart condition and replacement?
He has an intent to file open for 2 months before the surgery... can that be used to connect the heart condition.
The main concern at the moment is applying and receiving the temporary 100% as he has no short term disability.
Any thoughts/help would be appreciated.
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On 9/1/2016 at 3:21 PM, Andyman73 said:
Cliff,
If you have plantar fasciitis in your SMR, and you made a claim, and the examiner noted that you have it, and connected it to your SMR, what reason did they give for the denial?
I have pes cavus w/plantar fasciitis bilateral rated at 30%. I was getting Podiatric care from my VAMC off and on since 2005. I filed a claim last summer and it was granted easy peasy lemon squeazy. However a short time later I received my C-file and found that I had filed a claim for foot condition to include the PF and it was not decided, even tho the examiner found same issues back in '06 as in '15. Got a tasty EED for that one!
Semper Fi
What did you do to get the EED? Did you appeal the decision and ask for an EED?
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Broncovet,
That is it exactly:
VA has a duty to determine all potential claims raised by the evidence, applying all relevant laws and regulations.
Since the VA reviewed my entire SMR for my initial claim. And there was evidence of TInnitus, Hearing Loss, and "Routine Hazardous Noise Exposure." My thought is they should have opened a claim for me and then a appropriate C&P Exams.
Once my current claim comes back (hopefully this month). I will look at attacking that.
Can I attack that as a CUE? If useful I can attach my redacted Claim Decision, C&P Exams, and relevent SMR entries.
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Hello,
Thank you for the response and for sharing the benefit of your experience with me.
I seek to get the Tinnitus back dated to 1997. A NOD would only take me back to the date of claim which would arguably be 9/2015.
I guess my question is:
1. What is an inferred claim?
2. Since Tinnitus was mentioned in my records in 1996. Do I have a potential inferred claim from 1997? The VA reviewed all my service medical records and since Tinnitus was mentioned their, didn't they have the obligation in my initial 1997 claim to identify and establish a claim for Tinnitus?
3. If so, would I address that with a CUE?
My understanding from my web research is that they should have inferred a claim when they reviewed my records.
I hope this makes my question a bit more clear.
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I got out of the Army in 1997 with a Medical Discharge: I went to the VA and was rated 0% for Residuals of Left Ankle & 10% for Restrictive Airway Disease.
Fast forward to May 2016. I put in a claim and was awarded primary service connection for Tinnitus. I submitted no evidence other than a note saying my ears have been ringing since the service. My service medical records show hearing loss with a standard threshold shift from 1994 to 1997. And haven Tinnitus written in one of the records in 1996.
Now that I have been service connected. Do I have a chance at claiming a CUE or Inferred claim on to back date to 1997? My SMR clearly said TInnitus and they should have Inferred the claim when the reviewed them. One of my MOSes is on the high noise list and the hearing test referrals says "Routinely exposed to hazardous noise."
Is this a potential CUE for miss of an inferred claim?
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Does becoming a VA Accredited Agent affect your ability to work your own claims?
I believe, for example, that VA employees have a special process for working their own claims?
Does becoming and accredited agent change how a Veteran files claims or participates on C&P exams.
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9 hours ago, syne7 said:
Can a reconsideration reduce the decision with out a CUE or fraud?
Can't seem to find or get an answer to this question. Perhaps I am confusing things with too much detail.
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48 minutes ago, brokensoldier244th said:
Not sure you want to order yoru Cfile if you are in the middle of a pending claim- woudln't that just jumble it up some more? Also, what 'good authority' is telling you this? That information may be useful for other vets because normally we have to wait until the decision letter because the 1-800-PEGGY number agents normally can't really see much in the way of claim activity that specific.
Broken Soldier,
VSOs for example can see tentative decisions 48 hours before they are finalized. -
Buck & Berta,
That is certainly sound advice. I have already put in a request for the updated C-File and C&P Exams and will request them again when the decision is sent.
I certainly will file a NOD or a reconsideration after the results come back.
My current understanding of the justification of denial as the my FEV was 63% before bronchodilator and 80% after bronchodilator asserting I do not meet the 30% criteria. However, since the criteria is PFT or Medication. I assert/assume that I do meet the criteria for 30% or 60%.
I am prepared to escalate/NOD/reconsider after a failed decision. However, I would like to simply resolve it upfront, if possible.
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2 minutes ago, Buck52 said:
Good evidence.
All veterans should study their claims and know what its all about like this veteran.
The only thing make sure your dates are all correct, not sure what they will do on that?
Note:
''The criteria for ratings in this area are fairly clear, PFT score or medication use. My records clearly show me using daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication since 9/24/2016 which indicates a 30% rating. Symbicort and Dulera are inhalational bronchodilator or anti-inflamatory medication. ''
Ouch! Proof reading! thank you sir!
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Hello Berta,
Thank you for the quick and informative reply. I will post the letter when it comes. However, my goal is to get a letter with the right answer :).
I know this is unorthodox, but I have had luck with such items. The Asthma C&P was done by LHI so I can't see it yet. However, I "believe" it was positive as I watched the C&P examiner enter in the info. As it's an increase it was not for an opinion.
I will consider a reconsideration if I get denied the increase. However, I want to figure out if the reconsideration can result in a lower rating (except for cases of fraud or CUE) ask it might be more advantageous to wait until 5/2017 and let me 10% rating go over 20 and be "protected".
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Hello,
I have a claim that is getting ready to resolve where I requested an increase and it will not be granted. Will not be lowered, but will not be raised. 10% for Asthma. The ratings for Asthma state 30% for daily inhaler use. I take Symbicort 2 times a day and also meet the criteria for 60% (3 exacerbation with prednisone from 1/2016 to 5/2016).
When this result comes back, I would like to contest it. I have three options as I understand it:
(1) Reconsideration.
(2) DRO Review (Denovo)
(3) BVA Appeal.
My 10% rating has been established since 5/11/1997. I just recently engaged with the VHA (9/2015) and just learned about filling for an increase (stupid me I know) so I pushed the trigger on the increase on 5/5/2016.
I am leaning toward the DRO review becuase my understanding is that the DRO review can not be worse that the claim result. Meaning the DRO can't reduce me, they can only increase or leave me the same. As I am approaching the 20 year mark (protected rating). It seems like it might be better wait until 6/2017 and file a NOD/DRO Review.
Can a reconsideration reduce the decision with out a CUE?
Any thoughts?
Since the rating standard is PFT score or medication and clearly meet the medication for 30% and 60%, I am baffled as to how I did not get increased. However I am sure there are many such stories which how these boards even exist.
Thanks in advance for your time and help. -
On July 29, 2016 at 8:36 AM, seejeremy said:
Hi everyone. I have a question regarding tinnitus. I filed last year and was denied without a C&P exam. I spent most of my career on the admin side due to what civilians call medical malpractice at an Air Force hospital. So, other than a short tour in Bosnia, no combat experience that could have caused it. I would like to know if tinnitus could be secondary to one of my other disabilities. Please don't get me wrong, I don't want anything I'm not entitled to, but I've had ringing in my ears for as long as I can remember so if it is service connected, I'd like the VA to rate it.
I am currently rated for:
MDD-70%
Sleep Apnea-50%
Sciatica, Right-40%
BPH-40%
Tracheotomy Scar-30% (this, and everything related to it, is where they really screwed me up)
Sciatica, Left-20%
right medial epicondylitis-10%
GERD-10%
Allergic Rhinitis-10%
Sinusitis-10% (secondary to rhinitis)
Deviated Septum-10%
Hypertension-0%
Left thumb scar-0%
Meds currently include Divalproex, Bupropion, Lisinopril/HCTZ, Nexuim, Atorvastatin, Hydroxyzine Pamoate, and Tamulosin.
I apologize for the length of this. Like I said, if tinnitus isn't tied to any of this, fine. But if it is, I'd like that service connection documented.
Thanks everyone.
Tinnitus can be aggravated by pain med (NSAIDs) and high blood pressure I believe.
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You can start the intent to file and get the clock going.
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I have no personal experience with PTSD. However, the rater will be looking for the rating criteria for PTSD and an opinion (if requested).
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Hello Osccore9,
Which type of condition are we talking about and which DBQ are we talking about?
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1st VA Appointment
in VA Disability Claims Research
Posted
Hi Buck,
If you download the info with the Big Blue Button and check VA Notes. They should be part of your medical records that come down. They should not need to be scanned should just be there. There may be a 3 day delay like all Dr notes. I had an issues were notes would not pull down with my Big Blue Button. I had to open a ticket with IT and the "developers" had to fix it. Took about 8 weeks.