dwbell99

Need to verify that "Unlike other forms of cancers or leukemias, CLL does not have an inactive phase." REF: https://cck-law.com/blog/va-disability-rating-lymphoma/

thanks very much for the good information

Have you personally used Tom Kiely?

thanks

Anyone know a good lawyer to contact about representing me for my BVA and maybe CAVC?

My claim goes back to Nov 2016 so it is worth hiring an attorney. I just getting frustrated that VA does not review and rate what I send them but rather goes off on a tangent. I found a lawyer the won a claim that is very similar to mine back in 2015 and thinking of hiring him.

Looking to submit to VA Board Appeal just not sure if TVC (my VSO) who does not have an attorney available in Waco office or get an attorney that will charge me 20%. What are your thoughts?

There are no exams showing I had a back condition when I enter the Army and I did not have a back condition when I entered the Army. Nor did I have a back condition when I retired from the Army so did not have an exam showing a back condition when I retired. My back condition was diagnosed after I had been out of the Army for awhile.

A higher-level review of your claim was conducted on ..., the issue of degenerative disc disease, lumbar spine (claimed as back), was returned for a duty to assist error. The decision review officer (DRO), returned your claim for the additional medical examination and opinion to answer the question of wither [whether?] the Veteran's claimed condition which existed prior to service was aggravated beyond its natural progression by the claimed condition ... Problem is that the Veteran's claimed condition is "Service connection for degenerative disc disease, lumbar spine (claimed as back) as secondary to the service-connected disability of left ankle osteoarthritis". Since it is based on a service-connected disability, it cannot have "existed prior to service". Does this meet the criteria for a CUE?

Anyone have an idea what the following means? notification letter starts off like this: VA completed your request for Higher-Level Review received on May 4, 2020 and identified an error in assisting you in gathering evidence to support your claim in each of your claimed conditions. VA will provide you notification of the evidence we will obtain to address these errors under a separate cover.

What is my best course of action to try and get this expedited? Claim for freedom of information act / privacy act request updated on July 15, 2020 Status: Initial review We sent you a development letter Submitted on: September 6, 2019 *** View Details *** 1. Claim Received on Sept 6, 2019 2. Initial Review <<<<<< CURRENT STATUS 3. Evidence gathering, review, and decision 4. Preparation for notification 5. Complete Estimated date: June 17, 2021 *** Details *** Claim type: Freedom of Information Act / Privacy Act Request What you’ve claimed: Veteran request c-file on 4138 (New) Date received: Sept. 6, 2019 Your representative for VA claims: TEXAS VETERANS COMMISSION

Good News. I submitted a supplemental claim dated March 17, 2020 for bilateral knees secondary to service-connected left ankle disability. Rating Decision dated 04/10/2020 awarded: 1. 10% service connection for left knee degenerative osteoarthritis effective March 7, 2016. 2. 10% service connection for right knee degenerative osteoarthritis effective March 7, 2016.

Claim history: 01/19/2016, submitted claim for "Veterans lower bilateral knee pain and musculoskeletal injuries are MORE LIKELY THAN NOT >50% SERVICE CONNECTED". 11/29/2016, Rating Decision listed: Explanation: Service connection for right knee degenerative osteoarthritis is denied since this condition neither occurred in nor was caused by service. 10/18/2017, submitted claim which corrected the 01/19/2016 service connection with secondary service connection (which VA made an appeal to 01/19/2016 claim) for "Veteran lower bilateral knee strain and painful range of motion are MORE LIKELY THAN NOT > 50% secondary service connected (due to abnormal gait caused by service connected left ankle disability". 03/26/2018, Rating Decision listed: DECISION The previous denial of service connection for left knee degenerative osteoarthritis is confirmed and continued.

If a statement in the DECISION section of a Rating Decision lists "service connection", does this also cover a "secondary service connection"? If so, where is this addressed in the VA regulations?

I am looking at using Citations as follows: VA examiner's undocumented statement that "In order for the ankle pain to have contributed to the development of the lumbar Degenerative Disc Disease, Degenerative Joint Disease, stenosis, neuropathy/radiculopathy the gait would have to be significantly antalgic and even then it would be unlikely to cause the conditions above" is of questionable probative value because of the following: 1. “If a patient has a condition (i.e. a painful lower back) proximal to the foot and it is aggravated during or after walking or standing, that may be a good indicator that foot dysfunction is the cause or a contributor to the problem”, as stated in PEER REVIEW SUPPORTING THIS MEDICAL OPINION (When Lower Extremity Dysfunction Contributes to Back Pain) Dr. George C Tractable DPM listed in the REMARKS of supplemental claim for Back (Thoracolumbar Spine) Conditions DBQ, by Dr SB, dated 10/18/2017 contradicts the VA examiner's rationale as follows: 2. Citation Nr: 0720781 Decision Date: 07/12/07 states that competent medical evidence establishes that the veteran's left ankle disability contributed to the development of degenerative disc disease of the lumbar spine. 3. Citation Nr: 1309805 Decision Date: 03/22/13 states a low back disability, diagnosed as degenerative joint disease and mechanical chronic low back pain, is proximately due to or the result of the Veteran's service-connected bilateral foot and knee disabilities. 38 U.S.C.A. §§ 1110, 5107(b) (West 2002); 38 C.F.R. § 3.310 (2006); 38 C.F.R. § 3.102 (2012). 4. Citation Nr: 1522367 Decision Date: 05/27/15 states that evidence is in equipoise as to whether the Veteran's low back, bilateral knee and left ankle disabilities have been caused by his service-connected post-traumatic arthritis of the right ankle. 5. Citation Nr: 18132287 Decision Date: 09/06/18 states service connection for a low back disability, claimed as secondary to a service-connected left ankle disability, is granted.

thanks

ie. Citation Nr: 0720781 Wondering how much 'weight' using Citation(s) as references in a Supplemental Claim or HLR

What exactly is a Citation? Is it set a precedent?

Anyone know any studies that can help support an abnormal gait claim?

where is alpha part of the alphanumeric on the denial located?

I am thinking about this in my supplemental claim. What are your thoughts? The VA medical opinion dated March 18, 2019, is more reliable as the rationale is better supported; the condition in the VA medical opinion is more accurately described as osteoarthritis, whereas the medical opinion provided by Dr. Vet lists strain and painful range of motion, which, per DBQ is not a current diagnosis. Rather, patellofemoral pain syndrome (pain in the front of the knee and around the patella, or kneecap. ... Problems with the alignment of the kneecap) and knee joint osteaoarthritis are shows as disabilities. 1. VA failed to verify that the claim was properly developed and procedurally prepared for a decision when VA failed to make sure that all issues were recognized when it failed to evaluate Veteran's claimed lower bilateral knee strain and painful range of motion was evaluated in the VA DBQ. M21-1, III.iv.5.A.1.d. Circumstances in Which to Evaluate Evidence 2. Pain is a disabiliy IAW Saunders vs Wilkie, April 3, 2018 Board legally erred as to its interpretation of the meaning of “disability” under § 1110, as pain alone, without an accompanying diagnosis of a present disease, can qualify as a disability.

also found this: 38 U.S. Code § 5107(b) Benefit of the Doubt states "The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary".

That makes sense. I was thinking that the C&P should have evaluated all conditions not just the ones addressed in the one I submitted. Also since Pain was not recognized as a disability by itself until 2018 (DBQ from my Dr was 2017) maybe that may have had some weight in the VA's decision. Seems that the C&P just copied my Dr's DBQ then changed the claim.

VA changed "lower bilateral knee strain and painful range of motion" to "knee degenerative osteoarthritis" after they failed to diagnose "lower bilateral knee strain and painful range of motion" during the C&P. Is this legal? DECISION: 1. The previous denial of service connection for left knee degenerative osteoarthritis is confirmed and continued. 2. The previous denial of service connection for right knee degenerative osteoarthritis is confirmed and continued. REASON FOR DECISION: On October 18, 2017, Dr. Vet provides a medical opinion that your lower bilateral knee strain and painful range of motion are more likely than not secondary to the service connected left ankle due to abnormal gait. The VA medical opinion dated March 18, 2019, is more reliable as the rationale is better supported, the condition in the VA medical opinion is more accurately described as osteoarthritis, whereas the medical opinion provided by Dr Vet lists strain and painful range of motion, which, per DBQ is not a current diagnosis. Rather, patellofemoral pain syndrome and knee joint osteaoarthritis are shows as disabilities.

When adjudicating a claim for veterans benefits, "[t]he Secretary shall consider all information and lay and medical evidence of record." 38 U.S.C. § 5107(b).