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SgtE5
Third Class Petty Officers-
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Everything posted by SgtE5
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Allergic Rhinitis C&P VA Didn't Ask For An Opinion
SgtE5 replied to SgtE5's question in Veterans Compensation & Pension Exams
Yep, I worded it wrong. I have 50% blockage and polyps. so yes, 30% is the max. -
Allergic Rhinitis C&P VA Didn't Ask For An Opinion
SgtE5 replied to SgtE5's question in Veterans Compensation & Pension Exams
Not diagnosed while in the military. Discharged June 1992. Self medicated until entering into the VA system in Oct. 2002. Was put on different meds for coughing and such but not diagnosed until 2004. 2 years past the 10 year mark. I would have thought that an opinion would have been requested. If they deny me, I'll just appeal and one of my reasons will be they didn't ask for an opinion. -
Allergic Rhinitis C&P VA Didn't Ask For An Opinion
SgtE5 posted a question in Veterans Compensation & Pension Exams
Had a C&P for allergic rhinitis. Doctor stated VA didn't ask for an opinion on service connection. Only wanted an exam to see how bad I am. Doctor stated that I would get the max. 50% blockage and polyps. Why wouldn't the VA ask for an opinion? I am a Desert Shield/Storm vet but was diagnosed after the 10 year limit VA put on it. -
Here is the answer I received from calling the hot line. It was no help. At this time you have submitted a Notice of Disagreement on the decision that you received July 5, 2018. That appeal is still currently pending. As you elected the traditional appeal process, once reviewed, any errors will be corrected. This will include a complete review of your prior claim and the evidence on the custody of VBA. Currently, your appeal is aged 276 days old. It is not considered to be an outlier until aged approximately 470 days old. The Regional Office is required to work appeals in the order which they are received. The Regional Office is only able to expedite an appeal in instances of homelessness, being over the age of 85, having a terminal illness, or if you are experiencing a serious financial hardship. If you request that your appeal be expedited on the basis of a financial hardship, the RO does require that you submit documentation of your hardship such as past due utility bills or demands for rent/mortgage payments.
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Thank you sir. I was actually wrong on the decision date. Got my claims confused. This was decided June 28, 2018. I just recieved my c-file this week. Oddly enough, reading further into the c-file, the LHI opinion was signed off on June 8, 2018 and decision was June 28, 2018. Wonder if that was enough time to have LHI entered in the record.
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Alright, here is a draft of my cue. I'll add address and such later. March 15, 2019 To: St. Petersburg VA Regional Office This is a claim of CUE, Clear and Unmistakable Error, under provisions of 38 USC 5109(a). I respectfully request the VA to call a clear and unmistakable error on part of the June 28, 2018 decision from the St. Petersburg, FL. VARO and to correct it. The decision violates 38 CFR 4.6 thus: § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. In the Decision Letter dated June 28, 2018 (enclosure #1), I was denied service-connection for left ankle condition and bilateral knee condition. I was given a COMPENSATION AND PENSION EXAM on May 30th, 2018 by LHI - Tampa, FL. (A contracted by the VA Compensation and Pension Exam specialist in the field of DMA Musculoskeletal Examination) (enclosure #2)) The evidenced listing page of the denial (enclosure #1) shows evidence in record except the Compensation and Pension Exam that was performed for left ankle condition and bilateral knee condition. I received my Decision letter dated June 28th, 2018 with the denial of claimed conditions stating in part that: Left Ankle: We did not find a link between your medical condition and military service. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. Right Knee: We did not find a link between your medical condition and military service. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. Left Knee: We did not find a link between your medical condition and military service. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. On the Compensation and Pension Exam Inquiry dated May 30th, 2018 (enclosure #2) the examiner opined for both conditions: The claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness. Which is a favorable opinion for me. Her rationale for left ankle condition: Veteran had no issues related to the claimed CONDITION prior to military service. Onset of the condition was during service, documented in the Service Medical Records. There is evidence of current, chronic and continuous treatment and care. A nexus has been established. Veteran was seen for left ankle injury as documented in STRs. In VA records veteran reported "generalized pain in multiple joints" at many visits. Her rationale for bilateral knee condition: Veteran had no issues related to the claimed CONDITION prior to military service. Onset of the condition was during service, documented in the Service Medical Records. There is evidence of current, chronic and continuous treatment and care. A nexus has been established. There are multiple encounters for "multiple joint pain generalized " at VA after service. During service STRS indicate treatment for bilateral patellofemoral pain syndrome. Clearly a link has been established which contradicts the decision. The VA's failure to consider and evaluate this evidence that the VA had in their possession when read in a light most favorable to the Veteran, manifestly altered the outcome of the decision referred to above. 38 CFR 4.6 is a well-established tenet of basic VA case law, and the prime “element” of my claim -the actual C & P exam-was never considered. I suggest that you correct this clear and unmistakable error immediately. Respectively submitted,
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asknod, I truely respect your opinion. I appreciate what you write and have the upmost respect for you. Thank you. My appeal is from Sep. 2018 so I think it doesn't fall under the new appeals process that took effect last month. I haven't received any notice as of yet anyway that says it falls under the new process.
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I have a copy of my SMR's and just recieved my c-file. No, the doctors while I was in the military did not diagnose acute. They didn't diagnose chronic either. Chronic comes from my VA medical records. I've been complaining since I entered the system in 2002. The acute came from the denial decision and they didn't didn't recite a specific evidence in their decison of acute.