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ShuMan got a reaction from broncovet in 12 years after my TBI
They can be. I had insomnia for years and finally had a sleep study done about 2 years ago and I was diagnosed with sleep apnea. I'll be honest I love my CPAP, it changed my life. It really puts you in a deep sleep and actually got rid of my insomnia.
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ShuMan reacted to jfrei in 100% percent Permanent and Total
Second appeal never left they RO they were preparing the SOC and changed their mind...Im now Permanent and Total paid at 100% with the first appeal at the BVA with ahardship at the VLJ and another intial FDC claim which I just finished my DBQ the doctor separated my TBI PTSD and Chronic AD. It's been a long 7 years but now some rest thank you All from this website I owe my whole claim to the answers I've gotten..!
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ShuMan reacted to jfrei in Road to 100% my journey begins
Good luck and God speed hopefully all this moving into the electronic records will speed things up for ya and do your homework before walking into any C&P look at the DBQ and if you got records proving your case take them into the exam
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ShuMan got a reaction from Vync in Help to fight this denial
Hey Vync!
Thanks for the response.
As far as missing the in service event. I am service connected for my right shoulder but my left was only diagnosed 3 months after my discharge date at the C&P exam for my right shoulder. Shouldn't this qualify as my in service event because it was diagnosed within in a year of discharge?
I could be wrong but I thought I heard that somewhere.
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ShuMan got a reaction from Vync in 80% How I did it
The sweet taste of victory and the bitter taste of defeat in one letter...lol
Got 50% service connection for left knee, brings my total rating to 80%.
Got denied for left shoulder issues.
Working on a reconsideration as we speak but I'm going to enjoy this 50%.
How I did it?
I combined some of the veterans law blog and some of what I learned here. I had a package that stated off with a nexus letter from Valor 4 vet (I highly recommend them for anyone looking for a nexus letter), I had to go to a private doc to get a diagnoses, so I included that, a chronological order of my care for the issue, personal statements and buddy letters. I did this for 2 issues and 1 was accepted and the other not, so its still a crap shoot..lol.
My claim was decided in 90 days.
Thank you to everyone on this board!
P.S DRO appeal still pending, been waiting a year and got 2 to go.
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ShuMan got a reaction from FLTMEDOPS in Is DRO worth it anymore?
Hey! Just DRO review, I can imagine a DRO hearing going 5 years plus. Yep got all new evidence filled out DBQs and multiple nexus letters.
I just wonder Does the vet have a better chance going right to the BVA?
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ShuMan reacted to waccamawwild in Is DRO worth it anymore?
I won a DRO review with no hearing. I am definitely for DRO.
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ShuMan reacted to Gastone in Is DRO worth it anymore?
Again, it depends on how strong your case is. With the DRO Review, you should have a Decision within 18 months. Chance are you won't even know the DRO Review has been completed until you get either an Award or Statement of Case. Then again, A DRO could contact you regarding an Informal Evidence Conference.
Back in 13, I read about the DRO Requested Informal Evidence Conference, figured what the hell, I filed an Official Request for the Infor DRO Evid Conference myself end of 13. Never got it even thought the Request showed on my E-Ben page.
When I finally had my DRO Hearing, I asked the DRO about it, he looked at my file and said we could do the Informal Evidence conference right then. I agreed and we did, 35 min later all issues from the scheduled 2010 NOD Hearing as well as a 2012 IU NOD (Not scheduled) had been Awarded. By that afternoon 3:30, I had an Email copy of the DRO Award Decision from my VSO Hearing Rep.
That said, if you'd care to share your Claim and Denial info (redacted of course) we'd be better able to address your appeal.
Of special concern is the post Denial N & M Evidence that was not available to the original Rater.
Anytime you supply N & M Evidence regarding a Claim or Denial Decision that has not become Final, the Rating Dept is supposed to Determine if the New & M Evidence provides a Basis for an Award of the Denied Issue.
Semper Fi
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ShuMan reacted to broncovet in Is DRO worth it anymore?
To DRO or not to DRO is the question
Whether it is nobler to proceed to the BVA, or if thou wilt not, I will no longer be a Capulet!
(Shakespeare fans will get this, and no one else)
This controversy has been going around AT least the past 5 years.
Personally, I won most of my benefits at a DRO review. The consensus is the following:
1. If you do have "new material evidence", then yes, I would ask for a DRO Review (or hearing). The reason is thus:
If you ask another decision maker, to "review" the decison of another (RO rating specialist), then res judicata seems to prohibit the DRO from overturning the previous decision, absent CUE. In other words the VA wants to prevent you from keep on applying and applying hoping to find a generous rating specialist. But, if you have new evidence, then you can ask the DRO to review the (hopefully compelling) new evidence and decide in your favor.
2. If you dont have any "new evidence", then it makes sense to skip the DRO and proceed right to the BVA, as the DRO is likely just to rubber stamp the previous denial, "Also denied".
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ShuMan got a reaction from Gastone in Is DRO worth it anymore?
Hey! Just DRO review, I can imagine a DRO hearing going 5 years plus. Yep got all new evidence filled out DBQs and multiple nexus letters.
I just wonder Does the vet have a better chance going right to the BVA?
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ShuMan reacted to Gastone in Is DRO worth it anymore?
Are you talking "DRO Review" or "DRO Hearing?" Have you provided ALL your Post Denial New & Material Evidence to the VA?
Check the BVA Awards for 16 & 17 Docket Dates, what do you think?
My DRO Hearing 06/2014 took 4.25 yrs to happen, BVA Hearings were then and are now, still taking in excess of 5 to 6 yrs without a Hardship advancement.
Semper Fi
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ShuMan reacted to jfrei in Is DRO worth it anymore?
Depends on the case and the amount of retro that it due in my case it was a triple digit retro. Care to explain what's on the DRO appeal? My DRO hearing did however certify my appeal to the board that month so I wouldn't waste anytime. From what I've heard it takes some years to be certified to the board. After my DRO hearin she actually tried batting for me she asked general counsel if she could grant it at her level they said no so she submitted my appeal to the board with my attorney. To get ready for my hearing I also met with the DRO at the RO to discuss anything she wanted to talk about and she asked a lot of pre questions but I don't know if that's allowed or proper but it did benefit me I believe.
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ShuMan reacted to flores97 in To email secretary of veterans affairs or not
ShuMan, I had a NOD at about 15 months, and I emailed the secretary and received my increased rating decision less than six weeks later. The only reason I sent the email is because my NOD was still awaiting review, at 15 months. I had also been told by Voc Rehab that I am permanently and totally disabled and unemployable due to my SC disabilities, and my counselor provided me a letter stating that. I submitted the letter, VA already had all other evidence, waited a couple of months, at the 15 month mark I sent the email asking to expedite the overdue nod. I had my decision, 100% p&t, about six weeks later. I also received a phone call from my RO about two weeks after sending the email to let me know a decision had been made. If your nod is past due, send the email, and best of luck to you.
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ShuMan reacted to jfrei in Enjoy Life
I won SC for my sTBI and was granted SMC S so not sure if it's worth all the time of exhaustion, frustration for my family life. I'm literally tired like you have to be for fighting what I know I deserve. I think I'm taking some time to get my health under evaluation so I can start an effective treatment to help with my residuals. My claim was started in 2010 didn't grant SC after my appeal in 2016. Maybe someone can explain what all the it takes for one to go from SMC S to T (r2)? I have just been dx by the VA Neurologist with an adjustment disorder as a result of my sTBI and my headaches which were daily are getting better but not until they gave me Ritalin for my adjustment disorder. So I filed for my disorder secondary to my sTBI with all my records from the VA and the two doctors who opinioned that through the FDC. It was moving really quick which had me thinking they were going to deny so I phoned in two days and they said it was awaiting rating with he raters. Three hours after that it went back to under review? How is that possible when i called yesterday he said I have know idea what happened to your claim call back in May... does this sound like they saw something in my evidence that may require a C&P for? I'm rated at 0 percent for my headaches But since I am getting some help with acupuncture, Botox, and now Ritalin to help lessen the pain how can a increase keep getting denied?I know that you can only have one mental rating which is why I filed for an increase to my sTBI to add my adjustment disorder to the list of residuals, which already has PTSD and sleep disturbances. Is it possible that after 10 years the residual of cognitive impairment that's already apart of my rating can be changed to just chronic adjustment disorder? It's like if you don't ask the right questions at your exams you'll get undiagnosed for ailments until it's to late....
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ShuMan reacted to 63Charlie in Knee C&P
Limitation of Motion of the Knee
Code 5261: If the knee is not frozen, but is limited in extension and cannot straighten all the way, then it is rated under this code. If the leg can only straighten to within 45° of being completely straight, then it is rated 50%. If it can straighten to 30°, it is rated 40%. To 20°, it is rated 30%. To 15°, it is rated 20%, To 10°, it is rated 10%, and to 5°, it is rated 0%.
Code 5260: If the knee can straighten, but cannot bend all the way, then it is rated under this code. If the knee can only bend to 15°, then it is rated 30%. If it can bend to 30°, it is rated 20%. To 45°, it is rated 10%, and anything 60° or more is rated 0%.
Now if the knee can move, but cannot either bend all the way or straighten all the way, then it can be rated TWICE—once under code 5261, and once under this code 5260.
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ShuMan reacted to jfrei in Veteran Compensation And Pension Medical Consulting Services
Hittem where it counts and then keep going there's never to much find every loophole and tie the knot.