ShuMan

Best wishes and better health to you flores, hang in there!

Sorry to hear about the health issues. I am glad that Dr. Ellis was willing to work with you. Two solid IMOs I would say your in this thing fully loaded..lol

I sure did Shuman, I unfortunately was unable to travel, I tried and ended up getting very sick in transit, being an idiot and trying to save money i attempted to take a greyhound bus to ok. I made it an hour outside of NC, to florence SC before the puking started, my face broke out in a malar rash as well, i gave up, exited the bus and my mother had to come pick me up. That was Sunday, i called Dr Ellis on Monday to cancel and explained what had happened. His nurse said he normally wont do an IMO(he prefers in person examinations), but due to the severity of my health conditions, my extensive treatment records, etc, we could do a phone interview, which we did, he is writing up the report and mailing it to me, and i am beyong grateful. There is no way i could have made it.

Well, its that time again, wish me luck!
Finally put it all together and will be dropping it off at the CVSO tomorrow.
  1. Increase rating for right foot plantar fasciitis.  Currently 10%, 2008.  New issue, cortisone shots and orthotics.
2. Secondary left foot/ankle problems caused by above.  Recently diagnosed with; Pain in Joint of Ankle and Foot, Ankle/Foot Instability, Pain in Limb, Difficulty in Walking, Bilateral Hammer Toe, Achilles Tendinitis or Bursitis, Tenosynovitis of Foot and Ankle and decreased Range of Motion. I was prescribed a ankle brace for my left ankle for stability.  Dr. also mentions my limp in my first visit note with him, so that cant hurt.
3. Secondary rating for heard disease caused by hypertension (currently rated at 0%, 2008).  Recently diagnosed with; Borderline concentric left ventrical hypertrophy and Mild tricuspid regurgitation.  I also asked if the heart disease pre-dated the hypertension (I have an irregular EKG from 1999 while in the Army) and if the heart disease should have been found at the time of the hypertension in 2004.
That and a bunch of medical records supporting same.
So we will see where that takes me.
I am currently at a raw 72, so a 10 gets me 80.  Which will help.  90 is probably out of reach for me currently as I am doing pretty good and don't see any biggies coming up.
I will keep posting any updates I get from the puzzle palace, and of course my up coming C&P's.
Thanks for caring,
Hamslice
P.S. Don't let me forget to call the VA back and schedule my colonoscopy.  The bastards want to probe me again......


 

I have received my IMO from Valor Compensation Consulting and am posting it here for everyones opinion. I am pleased overall, I do wish she had gone into more detail on the rationale portion. She also included over thirty pages of medical journal articles relevant to the secondary conditions, and my treatment records, which are all tabbed and highlighted.  I am not claiming all of the conditions listed. The only secondaries I am claiming at this time are Fibromyalgia, IBS, and GERD, as well I am going to ask for TDIU. I was going to claim Urinary Incontinence as well, but I feel that I don't have enough treatment recs for that condition at this time. I do have pads and bed pads prescribed by VA, but the docs felt it would be difficult for me to obtain sc for incontinence also due to my age, I'm only 39.If it is still a major issue in a few years, when I have more treatment records built up, I will apply then. As far as the other secondaries that were listed on this IMO, I have been diagnosed with all of them but I am only asking for sc for the ones that are moderate to severe. For example, while the Tinea Versicolor is aggravating and sometimes painful, I never know when its a Tinea rash or a Lupus rash, it also does not incapacitate me in any way(besides itching, burning and making it even more difficult to sleep). I considered the peripheral neuropathy, because that is actually a pretty moderate problem, ive been on Gabapentin for the last seven years at 900 mg a day, but I feel that just the issues I am claiming should take me to 100%. I am being fitted with a holter monitor on this Friday, and the joint and chest pain and gastro problems are to the point I do not leave the house unless I have no other choice, and of course for appointments. If I begin having organ damage from the SLE, of course I would apply for that as well. My IMO from Dr Ellis should be arriving in two weeks or so and I will be posting that as well. Please give any opinions, advice, etc. I feel that this should work since I will have a more detailed IMO from Dr Elis to submit as well. Thanks in advance for any opinions, please bear in mind this is not the entire IMO, just first three pages, entire packet was about sixty pages including articles and records

Shoot. I look forward to this. It's pretty cheap entertainment. I consider it a success for one reason. It's winnable and creates that precedence so essential to all our claims. If VA was able to throttle all EAJA fees for Ex Writs, we'd be in a world of hurts. This is just one of those appeals that deserves to be addressed. Otherwise, I'd just say screw it and walk. Every case is unique. This is a classic example. 
Win or Die, ladies and gentlemen.

Hadit members,
 
Thanks again for yall very informative knowledge.  I have been increase again from 60-80% and only have a couple of things pending.  I couldn't have done it without all of yall help and support.  It really helped my case when I was able to email the Secretary and it really lit a light under the folks who were holding my file hostage. 
Also I was wondering, I currently have my appeal pending with a lawyers office and I am nervous being that I have now been granted to 80%.  If I happen to get to !00% do I have to stop working ?
 
 

My questions are:
1. Wasn't I supposed to receive the SOC? When you file a NOD, you have two paths you can take. A traditional path to the BVA without a DRO review or 38 CFR  3.2600 (DRO review) The traditional path will send you the SOC ( usually 16 months) and you have 60 days to file the VA 9. The DRO path will result in a de novo review and either the granting of the claim or the issuance of the SOC. In some cases, you win some of your appeal issues and the SOC is issued for those denied.
2. Will I receive an SOC regardless of the outcome of my DRO hearing? Yes.  If they grant all your claims but there still is a higher rating available that was not granted, then the claim remains in contention. AB v Brown (1994) said that a Vet is seeking the highest rating possible and therefore the claim remains in appellate status until you quit fighting it or you win all that is possible to win. 
3. When I filed out the VA21-0958 one of the questions specifically asks the Veteran to list the service connection and % the Veteran feels warrants the service connection. Obvisously this is what I feel I deserve but is this actually something the DRO reviews and considers? VA must grant any and all benefits to which we are entitled to by law and which they have the power to grant. If you have hammer toe and ask for a 60% rating for it in the 21-0958, you're not going to win regardless how you feel on the subject. The ratings schedule is set out in Part 4. You can ask for the moon but if the rating doesn't go that high, they cannot award it. 
4.  Since I never received the SOC is that any violation of my rights? No. You cannot receive the SOC until the DRO makes a decision on what to grant and what to deny. You usually receive two documents after a review. One is a new rating sheet telling you what you won or lost and the other is the SOC explaining why. At that point you have 60 days to file a VA 9 or the balance of the year from the day you received the initial denial you filed the NOD from.
By law, you can rebut the SOC with new and material evidence. If you do, and VA still denies you, they send out a SSOC explaining why (or they grant the claim). If they continue the denial in a SSOC, you have 30 days to rebut the SSOC- or file your VA 9. Remember, once you file the VA 9, the VA begins the process of wrapping up the appeal, certifying it with a Form 8 and preparing it for transmittal to DC to the BVA. No more action will be taken on the appeal at the RO once the VA 9 is submitted. My world record was in 1991 with a SOC rebuttal followed by two SSOC rebuttals before I filed my VA 9. If you do this, time is of the essence in making sure you do not blow the suspense date(s). Green cards and snail mail are de rigueur when doing this nowadays. No eBennies or electronic filings. I delivered mine to the Seattle RO and had them hand stamped. And yes. I still lost.

Thank you.   This means all your effort in the past 20 years is worth it.  Im not sure this is the first, nor do I know whether it will be the last.  But it is surely important to some. Here it is:
  
 
Hello everyone,
First of all, I wanted to thank everyone for the great advice and comments.  But most importantly, I wanted to mention a life saving chat session I had with "TBird"  on this website early this month.  I chatted with TBird at a time of "extreme crisis"  I was having.  She made me feel comfortable, calmed me down, chatted with me about my needs and then provided me with both the VA Crisis Line chat URL and phone number.  We chatted for quite a while, but she encouraged me to contact the Crisis people right away.
Minutes after my online chat with  TBird, I online chatted with the VA Crisis people for about ten or twenty minutes.  They asked for my phone number which provided and the chat person stayed online with me until I was I immediately called on my cell phone by a Crisis line operator. After a about five minutes of discussion, I was asked if wanted to be transported by a family member, an ambulance,  police car, VA shuttle or any other means to the Mather Hospital BH-ICU unit, located in Sacramento California.  I remember her name as Susan and she asked to speak with my wife after I woke her up, to confirm I had transportation.   She explained that it was imperative that I see someone as soon as possible and that she would call in fifteen minutes to ensure I was on my way.  She did in fact call as me and my wife were leaving the house.

I called Dr. Seeger at my local VA ti make sure she concurred with this treatment plan... which she immediately said yes....go right away.
After reaching Mather VA hospital, I was immediately admitted to the BH-ICU (Behavioral Health ICU - Lock Down unit) for extreme PTSD-MTS with a friendly police escort.  I received round the clock
EXPERT CARE for seven full days.  After six days I wrote and submitted a development plan for myself which asked for permission to return home which was approved after multiple interviews and meetings.  I just returned home about six hours ago, listed as high risk PTSD, however low risk S, I now which was not the certainly not the case when admitted.  
The VA BH-ICU doctors have submitted applications for me to go to long term specific PTSD-MST facilities in Virginia, Kentucky, Denver and several other out of state programs for long term care. With treatment duration's ranging from thirty days to six months, depending on progress.  The VA will also be flying me to and from the treatment center ultimately chosen which should happen in about two weeks.
I am so tired right now,m but I wanted to mention a few things that need to be said.
#1) TBird, thank you...you saved my life.

ScoutSwimmer, you have nothing to apologize for. We all need to vent sometimes!! When you do receive your statement of case(or award letter for asthma), BE SURE to look at the evidence reviewed section. It would also of course help to redact personal info and upload a copy here on hadit.I reread your post and realized you did receive an SOC for the migraines. Can you post a copy, look over the evidence page very carefully, if ANY of your IMOs, other impotant evidence is not listed, resubmit that evidence asap with a statement detailing that the important evidence was not considered. That is a violation of one of the regs, hopefully one of the elders will comment also, let me look up which one.

I'm sorry if I am all over the place with this. I'm just really frustrated with these people. Its actually really simple and I do have a handle on it. The issues on remand where asthma, migraines, deviated septum, chronic rhinitis, nasal blockage. Case is on remand, C&P's were completed for Asthma and migraines (other breathing issues were not even addressed, which were in the BVA remand as well).
Asthma granted at 30% over a month according to AB8 (still no retro or packet)
Migraines denied (They only considered it as direct connect which is ridiculous because Bash and the first C&P DOC said they were a result of the Asthma that is now connected)
Got a letter yesterday saying my Veteran Advocate (John Dorle is not accredited so American Legion is still my POA. Again, ridiculous since he is listed on the VA database is accredited.  
I really don't have any questions at this point. (Except maybe a timeframe to retro and the official decision for the asthma) ) I'm certain time will sort things out. I am just really frustrated with this 5 year appeal and these VA people. I don't know if they are incompetent or doing this stuff intentionally but I just wish it was over.  
Again, sorry for the confusion. I use this place to vent out my frustration. It helps.

03-19-16
Granted 30% asthma according to AB8 letter. (From 06-03-2011)
03-20-16. Received SOC regarding headaches. 
03-21-16 Submittef rebuttal to SOC and fired VSO. (Did not follow remand instructions/failed to consider nexus for migranies related to service connected asthma, rhinitis, nasal blockage, deviated septum never addressed).  
Have not received official rating yet. Also did not receive retro payment or new monthly adjustment for April. 
Damn VA. Real good at sending BS denials. Not so good at getting Veterans their entitlements when proven wrong. 

Hi Everyone, I wanted to give you an update on my DRO hearing today 3/21/2016.   I took place at noon in Phoenix, AZ/. and it lasted about 40 minutes.  I went the informal route.  I made a two sets of the info needed (nexus letters, DBQ's, etc.) and numbered each item.  I had a recap page the stated what the item was an the corresponding number.  The DRO person told me, "I have been doing this for several years, and I have not such  a complete files like yours.  It makes my job much easier".  There were several issues involved, including   diaphragmatic paralysis, lower back,  dizziness/vertigo.  A couple of times when going over the information, the DRO person remarked, "I don't know why this is a issue, the file and supporting documentation, support the veteran's claim".   I felt good in the hearing, as the DRO seemed very knowledgeable, concerned, and took notes.  My VSO, had dealt with him before, and she said, he is one of the better ones, that I couldn't have received a better DRO person.  He told me at the end of the hearing that my information/documentation had supported my position, entirely.  So I will see what happens.   I owe a  wealth of gratitude for all of you help, preparing for this hearing.   Buck52, Asknod, Gastone, Navy4life, flores97, your input was spot on.  My VSO said I had done the best job preparing for the hearing of anyone she had ever seen.  The credit lies with all of you.  I couldn't have done it without your help.  If I missed naming  anyone, my apologies.  You have the wisdom and knowledge how to navigate thru the system.   Thank you once again.

"NEVER GIVE UP"

flores97,  Thanks for the info on Valor.  They are practically in my backyard!  (I live in Arizona) and after looking at their web sight, I know exactly where the area is they are located.  I had a DRO hearing two weeks ago, and depending how that goes, I will definitely use Valor.  I can't believe they are here in Arizona.  I will definitely refer you  as the person who put me in touch with them.  I am hoping for the best with your IMO!

Jimmer, thank you so much, they are really great people, I'm glad that they are so close to you, they do IMEs as well. I should be receiving my packet later this week or early next week, my IMO is completed, and I just mailed back the payment agreement form, (only owe two more), so as soon as they receive the form they will be mailing the IMO to me. I will post it here for everyone to review.

I agree, Valor is superb, they also pay for you to send your records to them for the IMO! They have almost completed mine, and are mailing it as soon as its finished, even though I am still making payments. I don't know of too many IMO/IME providers that are willing to do that.

I totally agree, after calling around to all these different Doc's talking to them was like a breath of fresh air.

I also have contacted valor compensation Consulting from this site. I found them to be very helpful and beneficial they are even reviewing all my service records to see what may have been missed by my VSO. I was told that if I get any referrals it would be a discount from my cost of the IMO. What I really liked is the husband is a combat vet and they offered to take payments to help me and my family for the cost of their service and my regular bills. Something that is very beneficial. I asked about an IME from them and was told if I was willing they would pay for my travel to them to get the IME!!!!!! That something that I would never have thought possible!!!

I  have contacted valor compensation Consulting from this site. I found them to be very helpful and beneficial they are even reviewing all my service records to see what may have been missed by my VSO. I was told that if I get any referrals it would be a discount from my cost of the IMO. What I really liked is they are vet owned and the husband is a combat vet not to mention they offered to take payments to help me and my family for the cost of their service and my regular bills. Something that is very beneficial. I asked about an IME from them and was told if I was willing they would pay for my travel to them to get the IME!!!!!! That something that I would never have thought possible!!! If you use them please say that you found through Ron B's post on Hadit.com

Thanks Andyman73!!!!

Thanks Andyman73!!!!

jfrei - That is good news, that the VA is having to contract out to alleviate the backlog. I have proposed the same to my congressman (Sam Johnson, a champ for vets) regarding the claims and appeals backlog; contract them out to private health insurance adjusters until the backlog is caught up. Vets would get a quick response and almost certainly a more equitable one. 

Thank you, Vync, I am going to talk to my PCP about the sleep study. I don't wake up gasping for air every single night, I would say its about half the time I try to sleep, but its enough to be a problem. These past few months I've lost about ten-fifteen pounds, between the sleep issues, lupus, and gerd, and I was diagnosed with fibromyalgia as well on Mar 11th. I'm extremely grateful for having the VA care, but I think I speak for all of us when I say that I have a lot of days when I come out of the vamc feeling worse than I did when I went in, lol. 

flores,
Are you SC for the GERD? If so, that may make it easier to connect the SA.  And SA with CPAP usage is a 50% rating.  When I did my sleep study, it was at a private provider.  I did it in one night, when I woke to use the bathroom, after 2 hours of sleep, the tech decided she had seen enough of sleep without the mask.  So I then slept the next 6 hours with mask on.  So I didn't have to come back a second time.  She told me that normally most testers need a 2 night test.  But I must have really studied up, I passed the test on the first try, which is to say, my symptoms were severe enough that they could dx me from a one night sleep study.
I agree with you on the VAMC remark.  You go in for a test, exam, or consult, and leave feeling like they didn't listen to you, or only checked what they wanted to, and not what you were in there to begin with.