Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

Ace M

Seaman
  • Posts

    25
  • Joined

  • Last visited

About Ace M

Previous Fields

  • Service Connected Disability
    30%
  • Branch of Service
    USAF
  • Hobby
    Electronics

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

Ace M's Achievements

  1. I currently live in WA but will be moving to CA and wanted to find out if i should wait before utilizing ILP I searched all over and could not find any information about it, are there any articles on the VA site that explain how many times it can be used
  2. So is there no issue in requesting a C File? I know broncovet told me to request it and i know its valuable, but i get conflicting opinions on it, people say not to request it if you have an active appeal. My NOD was filed back in 2015 for the cervical and lumbar strain increase and ebenefits shows it under active appeals. This is my denial explanation for fibro: Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. A medical opinion received February 2, 2018 opines that it is less likely as not (less than a 50 percent probability) that your current condition of fibromyalgia was caused by or related to complaints of muscle aches and fatigue in boot camp consistent with extensive physical training in boot camp with the rational that you were not diagnosed with fibromyalgia until the year 2016 and although you complained of generalized weakness and fatigue prior to your 2016 diagnosis, these were vague and nonspecific complaints that were not supported by physical examination at any time. Additionally, the medical professional noted that you were extensively worked up by neurology, rheumatology, and rehabilitation medicine over the years since military discharge with no evidence for fibromyalgia and no discussion of it being a possible etiology for your complaints. The medical professional opined that there was no basis for the diagnosis of fibromyalgia until the time that it was diagnosed in 2016 and the evidence of record does not support that you had fibromyalgia due to muscle aches and fatigue during service, and these complaints are more consistent with the extensive physical training that occurs in boot camp. Service connection for fibromyalgia is denied since this condition neither occurred in nor was caused by service. I have SSI for depression, i do not know if the VA is aware nor would i know how to find out if they know. Voc Rehab did state that the evidence they considered was my: 30% service connection. I have to locate the letter to get the full details. I did send a copy when i filed for TDIU. The doctor that diagnosed me is a VA doctor, she did agree to look at my BMT records and provide service connection, this is her response after looking at my records. I reviewed all the records you left me on CD from VA EMI, physical therapy notes, clinic notes, clinical tests and trainee notes from 2009. I did note that your first symptoms developed after carrying a duffle bag, that was also referred to as a satchel. I also read the neurology consult completed 3/23/2009 with the impression of no neuromuscular or neurology disorder or abnormality. The clinic note on 3/31/2009 noted persistent fatigue, lumbago, cervicalgia, upper back and bilateral shoulder pain, as well as recovery from a upper respiratory infection. Your monospot was negative and the chest xray was normal. The physical therapy yon underwent for several weeks recorded lack of complete recovery of your pain and decreased muscle stamina. It is not evident to me that you underwent any training or had any injury during your military training that would have triggered fibromyalgia syndrome (IMS) but there is no way to know definitively. I see that you have completed the ordered neuropsychological testing and the results are pending. This testing may provide more insight about further recovery of your chronic condition of IMS and ability to complete some type of work. I do have 30% total for cervical and lumbar strain, the 30% for depression is non service connected, if I did get 40% for fibromyalgia they could claim that the cervical and lumbar strains are a result of the fibromyalgia. So they could give me 40% and take away the 30%. Does the 30% non service connected depression count towards TDIU? All of my treatment since discharge has been through the VA. It currently still is pre and post fibro diagnosis.
  3. Thanks for the information, i have gone over it several times to ensure i understand. When i left BMT the discharge decision was lumbago. I believe i applied when i was still in BMT, i remember a rep coming to visit the enlistees that were in the medical wing that were soon to be discharged. I just looked at my initial rating decision and it states the decision was due to pain on ROM. I applied for several other conditions and an increase in those 2 conditions in 2011 when i had a VSO. In 2015 They made a decision and increased the cervical but not lumbar which brought me to 30% Depression was non service connected at 30% The rest were denied. I appealed at that time stating I could not and have not worked and that I spend most of my time in bed. I did file for fibromyalgia in 2017 and was denied on 3/18 they stated it was not service connected and that my aches and fatigue in BMT were due to the extensive physical training. When I filed for fibro I also filed for TDIU even though everybody said I shouldn’t because I needed to have a higher rating for TDIU. I figured it couldn’t hurt and would help with back pay if I got it at a later date. In the fibro denial they stated the TDIU claim will be addressed later by the appeals section because I stated that cervical and lumbar contributed to unemployability. I filed for these online, I did not get a TDIU form. How would the VA know if I was unemployable? I did look at my medical records and searched the keyword work and there were instances where I was asked and reported that I was not working. In 2017 Voc Rehab denied me saying that I was unable to work and sent me on the Independent Living plan, I sent that in when I applied for TDIU. I was told by the VSO and other vets that I should not request the C File while I have an active appeal as it may cause delays. So I have not done so. I believe the undiagnosed illness is referred to as gulf war syndrome. It appears that my illness is now diagnosed as fibromyalgia but the VA is not recognizing it. It appears that the injections I got triggered the auto immune disease. It seems that the highest rating for fibro is 40%, I was advised that it may not be the best idea to claim it because I could get a higher rating with the cervical and lumbar strains. If fibro was approved the strains would be covered by the fibro diagnosis.
  4. I was discharged from BMT in 09 when all of a sudden i lost all my strength, became fatigued and had pain all over. I was given cervical and lumbar strain for a total of 20% about a yr after my discharge. I have not been able to work a job since my discharge. I have not been able to attend college. I have SSI and receive around $900 total. I have been going to the VA for treatment this entire time and test after test they could not find anything. In 2016 a neurologist diagnosed me with fibromyalgia. If i file a claim now and i do get compensation but that wont help me from 09 to 2018. My life was destroyed in 09 and my medical issues were a mystery for almost a decade. Do i have any legal options? Or was it when i signed the papers to enlist i gave all my rights away? If its the latter, i understand and will simply make a claim but for missing out on compensation from 09 to 2018 is a huge sting especially since the doctors simply did not diagnose me. Even though i went to every single test and continued to go on a regular basis.
  5. I finally have a VRE counselor who came to my home and talked with me for a bit. I was sent over to the VA occupational therapist to go over some items that may be helpful to me. This is the list: adaptive cutting board, rocker knife, jar opener tool, lighter weight pots and pans, handheld shower head and shower chair I had made some suggestions such as an adjustable bed, comfort mattress, electric pressure cooker, vitamix, car cushions, massage chair None of the items i suggested were approved as they were not medically justifiable, i have fibromyalgia with constant back pain and fatigue, i spend 90% of my time in bed, the VRE counselor said she can only make a plan with items that the occupational therapist approves, which steps can i take at this point?
  6. I currently get about $449 from SSI and $456 from VA I logged into myssa and found this information, my understanding is SSDI is based on work credits and i may not qualify For Social Security Paid by you: $1,538 Paid by your employers: $1,472 For Medicare Paid by you: $355 Paid by your employers: $340
  7. After being discharged in 2009 i got 30% for cervical & lumbar strain, i have an appeal since 2011 with this for an increase as well as secondaries. In late 2016 i was finally diagnosed for my unexplained pain, fatigue and weakness with fibromyalgia after almost a decade of testing and waiting, i filed an intent to file. I got a copy of my med records, and found where the doc diagnosed me with fibro and printed that page, i wanted to know which other information i should include when i file the claim. Should i include any and all records that mention pain and weakness? Since some of my pain and weakness was attributed to the cervical and lumbar rating, would i use older information or only new information since my diagnosis since in my appeal they asked for new and material evidence, would that not apply to a new case? I plan on getting a DBQ and nexus letter from my docs as well. In 2011 i did file for depression and was awarded 30% but its not service connected, do i need a separate DBQ and nexus letter linking depression to fibro? If it is linked would backpay be sent from 2011 or would it start when i was diagnosed with fibro in 2016?
  8. I have had a C&P exam for my current issues last mth. I was finally diagnosed with fibro, i havent worked since 2009 when i was discharged and i was filing a new claim i wanted to have all the information to get a quick decision, i did go through voc rehab and they are giving me a denial letter. So i figured with the denial letter and a letter from a functional capacity evaluation that would help me get TDIU. In my personal experience with C&P its a fairly quick test that uses ROM and that wont tell you if i cant lift things or do work.
  9. Has anybody had this done in order to help with a claim, while i am not able to work doctors cant seem to find a reason why. I wanted to get this test done to prove that i cannot work. I am currently 30% but i spend 90% of my time in bed due to fatigue and muscle strength. If i have to pay for the test i think i am willing to do that.
  10. I wanted to have tons of information and an open and shut case that i cannot work when i file for fibro and TDIU, is there somewhere i can get a residual functional capacity assessment done? I know social security uses that to determine disability
  11. Met with the Voc Rehab earlier, they are going to reopen my case and move in the direction of ILP. I will receive a letter stating that job training is not suitable for me. The counselor mentioned pension as well. Unfortunately, i believe i was about 20 dys shy of the required 90 for the pension. Is there anyway around that?
  12. I spoke to my Voc Rehab VA counselor to speak about independent living. I have an appointment on the 16th. Since i am still possibly going to receive services from them, do i still get a denial letter for the job training part? Or is the denial only if i do not use the Voc Rehab service at all? If i still go the route of getting the letter, should i explain that i have applied for TDIU and that the letter would help?
  13. The side gigs i have done were basically less than $500 annually. I havent even done those in a few yrs as i have gotten worse. I last met with the VRC about 6 mth ago so i have contacted them again in order to get a denial. When you speak of denial, are you referring to a denial to enter the Voc Rehab program? Or a denial in regards to receiving job training? When i initially applied for Voc i went in with the intention of independent living or self employment. The counselor accepted me into the program and sent me to the job counselor anyways and has yet to respond to me in regards to IL or self employment. I asked about self employment because i figured i could start a little coffee kiosk and hire employees to work there while i simply remained at home and did the paperwork. Working inside the kiosk would be impossible for me. I am currently low income and receive SSI, medicaid, medicare, EBT, Obama phone. I live in a very cheap area so that is super helpful When i was diagnosed with Fibro around 10/16 i met with the DAV to put in an intent to file. I have not submitted any information in yet. My claim for increase from for my cervical and lumbar is still in process since i believe 2012. Since my doc thinks i can work, i thought about getting a Functional Capacity Evaluation, i messaged my primary and was told a specialized clinic needs to do that. I am thinking i should get that done and pay out of pocket for the test, would you agree? I appreciate all of the valuable information :)
  14. I was medically discharged in 09 and since then i have not really worked at all aside from some random gigs. I receive 30% for cervical and lubmar strain but i had fatigue and pain, after tons of testing a decade later i was diagnosed with fibromyalgia by a neurologist but she feels i can still work. I spent 90% of time in bed due to fatigue, i tried going back to college by taking a single 5 credit class but i would leave early and missed several classes due to fatigue and or pain. Obviously if the doc feels i can work applying for TDIU will be pointless. It may be due to my age as i am 32 and LOOK healthy otherwise. Would a civilian doc be my only option? I did go through voc rehab and the 3rd party job assistance person said that based on everything i told him he felt going to college would not be an option for me. So we did not continue.
  15. Next time i go into the VA i will do that I have spoken to the medical records supervisor and she herself said she would send it out, but whenever i leave voicemails she never calls me back The last voicemail i left was for the directors office, on 4/24 with no call back yet
×
×
  • Create New...

Important Information

Guidelines and Terms of Use