[Knee - Secondary Claim Question]

They will likely do and exam.  They will likely measure range of motion. They may take the opportunity to look at other current conditions. 

If you get a DBQ get it from a board certified orthropedic surgeon.  Whose opinion will likely trump the C&P Examiner.

[Went to Visit WACO]

Went to visit WACO last month on a trip to Oklahoma.  It was easy to find.  Lots of security, but no waiting.  I asked for my code sheet.  They printed it right away.

Place was pretty empty.  Everyone was polite, but I did not ask for much.

[To file an increase or not?]

That was my thought.

 

quite literally at 0% there is nothing to lose.

[To file an increase or not?]

That an interesting question.  How has your knee gotten worse?  Do you have medical info to substantiate that?  New diagnosis, x-rays, MRI etc...?

I would think that if you ask for an increase and win it, it would strengthen your appeal. 

I have yet to appeal anything, so this is just a gut reaction.

I'd wait for more experienced thoughts on this.

[VA Admits in service treatment but denies connection?]

On 6/20/2016 at 11:07 AM, commodog said:

...70% PTSD
...10% TBI (Vehicular fall down a friggin cliff during the invasion)
...10% Tinnitus

Thanks!
 

You several options.... You only need to show connected consistent symptomology to the current sleep apnea.  Not treatment.  The BVA has ruled many times that "the Veteran is capable" of and relaying his or her own symptoms.  You can simply put a statement with your appeal.

Also consider secondary service connection "caused or aggravated" for TBI, PTSD, and Tinnitus.

I would recommend Dr. Anaise or Dr. Ellis for IME/IMO... Dr. Anaise has a record of connecting PTSD to Sleep Apnea.

Here is a case of an IMO connection Sleep APnea to PTSD (from Dr. Anaise's website):

The usefulness of IMO Letters to establish rating for sleep apnea secondary to PTSD 

In a recent decision by the BVA (FEB 2 8 2014 DOCKET NO. 11-09 193) the board reiterated the importance of IMO Letters supported by medical literature in establishing service-connected disability for sleep apnea secondary to PTSD the board held: “The Veteran had a VA examination in October 2009. The Veteran reported sleep apnea with an onset two to three months earlier. The VA examiner opined that, per medical literature review, sleep apnea is not caused by or aggravated by the Veteran’s PTSD. The VA examiner stated that the basis of the opinion was the review of medical literature. The literature was not specified. At the Board hearing in March 2012, the Veteran testified that his therapist has told him that PTSD aggravates sleep apnea because he has nightmares and dreams in his sleep. The Veteran testified that he has anxiety attacks in his sleep that keep him from catching his breath. The Veteran testified that he has used a CPAP machine for about four years. In this case, there is positive medical evidence which links the Veteran’s current sleep apnea to service-connected PTSD via aggravation. The most probative opinion is that of Dr. T which not only provided a link between the Veteran’s PTSD and sleep apnea (by aggravation) but also was supported by submitted medical literature. Despite the negative VA opinion, in light of the positive medical opinions from the private psychologist, the Board finds the evidence is at least in equipoise regarding whether the Veteran’s sleep apnea is aggravated by service- connected PTSD. Accordingly, resolving all reasonable doubt in the Veteran’s favor, service connection for sleep apnea is warranted. – Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C.A. § 5107(b). ORDER Secondary servi

 

[Temple VA Hospital Contract my Exams to LHI.]

Anyone have experience with LHI as a provider.  If the VA hospital contracted my exam out to LHI, will I be able to see my exam in the VA notes?  I know when the VBA contracts them out you can't.

[BVA judge granted service connection!]

Congratulation.

[VSO]

I agree.  My experience with VSOs has not been stellar.

[Imo Dr. In Killeen Temple Or Austin Area For Fybromyalgia]

Nexus letter.

[Imo/ime]

Old topic, but I have used Dr. Anaise for an IMO.  I was very pleased with it.  Have not got my decisions yet.

[Recom IME in Georgia?]

Did you every get in touch with Dr. Bush?

[Dr Ellis IMO thoughts?]

Looks like a good IME.  What was the result?  What did the VA say about your claim?

 

[Dr. Steingart]

How was you IME with Dr. Steingart.  Were you pleased with the results?  Did they help your claim?

[Received IMO from Valor]

On 4/21/2016 at 9:54 AM, green said:

Flores, I applied for two secondary disabilities 20 years ago that were denied due to lack of evidence.  When I reapplied in July, I had significant documentation and the C&P supported my claim.  They pre-dated the award based on my previous application date (20 years ago).  I would suggest you apply and if turned down, gather the evidence and reapply.

 

 

Green, what mechanism did you use to adjust the date?  Claim 1 was denied... 20 years later you made claim 2 approved.  How did you get the date back to 20 years ago.  Did you appeal the approved claim 2 decision and ask for an earlier effective date?

[Dr Ellis IMO]

I am scheduled for the first week in June.  Seem like nice people.  I am excited to meeting them.

[IMO/IME service]

Infantryvet1000,

How did your claim go?  How would you rate your IMO/IME?

[IMO REFERRALS & REVIEWS]

WHERE ARE THEY: Arizona

NAME:  Dr. Anaise

WHAT IS THEIR SPECIALTY (or what you were seen for):  General Med, Transplant, Practicing VA Attorney as well.

COST:  $1,500

CONTACT: http://www.danaise.com/

id they review your entire file  - YES

Did they provide a well written DBQ/IMO/IME?  -YES

Were they familiar with VA Claims (38 cfr, M21, etc) ? YES - exceptionally so as a VA lawyer.

Would you classify them as "Vet Friendly" -- YES

Would you recommend them to other veterans? -- YES

Comments: (Be Brief)

Provided me IMO for Sleep Apnea secondary to diabetes, asthma, and pain left ankle.  Opined increase of left ankle to 30%.  Very detailed, strong resume 5 patents, 100 published articles, board certified.  Also a VA attorney.  Definitely understand VA and how to write a letter.  2-3 week turn around.

[Not sure where this goes, child support]

On 5/13/2016 at 8:03 PM, Simply_me said:

1. The problem is that she was pregnant shortly before their divorce. He was being stationed in another state and she refused to go with. He had to find out by mail that she was divorcing him. She's constantly harasses us.

2. We think someone forged his signature on the birth certificate. He doesn't even know what hospital the child was born at. He was told today that she filed an apportionment but it was denied already.

3. She wants him to have nothing to do with the child but wants money.

4. What can we do?

1. Sorry to hear this painful situation.

2. Consider contesting the paternity.  The state will likely order a DNA paternity test.  Most states allow contest within a certain number of years (5 - 10).  If paternity is disproved, this will all go away.  This in my opinion is the cheapest and easiest solution.  Also, consider bringing charges of forgery.  If he was assigned in the military, you should also be able to prove that he was not in the state when the child was born and could not have signed the BC.  How old is the child?

3. Neither parent has the right to deny the child it's right to support from either parent.  If it his is child, he is legally and morally obligated to support it, regardless of visitation situation.  The visitation situation could be addressed in court or by petition should it be determined he is the father or you decide to leave the status quo (no contestant of paternity) then he will owe child support.

4.  Several items:

A. Contest paternity.
B. Get a dna test.
C. Level charges of forgery.
D. Contact the state and agency and establish he is not the father.  This will all go away quickly, if you establish he is not the father.

Hope this helps.
 

[Anybody use Chris Attig's material?]

Yep, she will be ready for the apocalypse :).

 

[Anybody use Chris Attig's material?]

31 minutes ago, Gastone said:

T80931:  You can use any Fillable "Sworn Affidavit" form  available off Net searches. Everyone I've seen has a place for a Notary's Magic Signuter and Stamp.

I chose to have everyone I used, Notorized by 1 of the young ladies located in the Med Recd Dept at the VMC. It is an actual Binding Legal Document, as opposed to the VA 21-4138.

Strictly my take, regardless of your claim being New or on Appeal. The Sworn Affidavit carries more weight, and jumps out at the RATER or the DRO, which is what you want. I can only tell you that my DRO, seemed dully impressed with it's usage. Chris's E-book gives you a step by step and discussion as to how to lay out your Statement.

Semper Fi

Agreed.  Chris format and process definitely makes a "more professional" appearance.

[Anybody use Chris Attig's material?]

Yes, it has two little stubbies at the base of the rack, so she calls it an 8 point buck!  For a girl that field dresses, skins, tans, and processes her own kills and well as doing her own Euro-mounts  -- I am okay with that :).

 

[Anybody use Chris Attig's material?]

2 hours ago, Buck52 said:

I like Chris Attig informaton  He makes things easy to understand and to the point

I'd go deer hunting with him any time.

..................Buck

We'll go with you Buck.  My youngest daughter loves deer hunting:

 

[Anybody use Chris Attig's material?]

 The material suggest that a sworn statement is better than a simple letter. He advises that a sworn statement saying, " I swear under penalty of perjury" is very strong. He does not require having the statement notarized 

[Sleep Apnea Filing secondary to a SC Disability!]

Thanks for the clarification.  In some cases sleep apnea has been liked to MDD.  So it sounds like one route would be to get a Nexus/IME/IMO supporting sleep apnea secondary to MDD. 

Also it will be interesting to see what your neuro finds.

[Anybody use Chris Attig's material?]

I bought his stuff, when I first started looking at VA disability again in September/October of last year.  It certainly is well put together and really focuses on the mechanics of doing things correctly.  I certainly could have found the stuff around the web overtime and have since then.  However, if you want to get primed quickly and have it conveniently all in one place, there is value there.

That being said processing VA claims takes months.  For me, I'd say it was worth the value.  However, I could easily see how someone would feel like they could just get that for free.

I'd summarize resources in this way:

1. Chris Attigs stuff -- for Newbees and the uninitiated.
2. Asknod's book -- for those with a bit of experience and understanding of the VA process.
3. Haditcom -- for everyone, but you have to do some reading and be committed to dig for information.  The more you read the better you'll get, it will grow with you all the time.

If you were only going to get one paid resource or were iffy, I'd start with item 2 personally.