paulstrgn

I hope you are right about the BVA ;looking at these cases sooner. I just submitted mine so I have not received a letter yet.

I recently had the VA deny my SA and HTN (via Higher Level Review). The rater mentions the VA IMO as the one of the reasons for my denial, but does not mention the IMO I had submitted. Should the rater have mention my IMO in the decision? I also do not understand how they say I did not have an event, disease, or injury in service. I was not treated for HTN while in the service but should have from 7/92 - 2/1995 my average blood pressure reading was 150/85 which was Stage 1 Hypertension (this was the old standards now it is considered Stage 2 Hypertension). I should not be penalized if the service failed to diagnose me for HTN (my IMO mentions that I was un-diagnosed for HTN in the service). When my claim I had submitted every blood pressure reading my medical records listed. The VA did not have an IMO stating I did not have HTN while in the service, apparently they only looked at my records. The VAs IMO (which was written by a PA) for my SA states I do need a C-PAP but found no link for service connection that the cause was more likely due to age and a higher BMI. The two DBQs and one medical opinion lists reviewing my medical and the buddy letter (I had three, one from my last NCOIC, ex-wife and the last by my adult daughter) as well as my statement and that I more than likely did have SA while in the service. My IMO talks about me having HTN that was not diagnosed while I was in the service along with me having a higher BMI while in the service. I made a chart showing all the weight readings I had while in the service and from 7/1992 - 2/1995 my BMI averaged 29.9 over weight (30 BMI is considered obese). along with my buddy letters and my personal statement. In my opinion the rater never took any of my evidence into consideration. Since I do not see mention of my IMO should I assume they never looked at it?

I had already done a higher level review via RAMP which was denied so I selected an Appeal to the Board via RAMP with the option to submit additional evidence.

Sorry not sure what HLR or SCL stands for but I chose appealing to the BVA and submitting additional evidence. I guess I would have thought they would not list the BVA address or at least put a note saying don't send to the BVA until after 2/14/2019. Yes I saved a complete copy just in case. I worry to much about lost paperwork.

I just filed my first appeal with the VA via RAMP. I faxed in the form and then mailed in the form with all my supporting evidence. I used the address on the form for the BVA, which is: BOARD OF VETERANS' APPEALS P.O. BOX 27063 WASHINGTON DC 20038 FAX: 202-495-6803 I sent it via USPS Priority Mail (paid $6.70), last Thursday 10/4/2018 knowing it would be there by Saturday 10/6/2018 (I live approximately 2 1/2 hours south of DC). I am the type who likes to watch the progress of packages I send, I noticed on Tuesday it still showed to be at the post office in DC. I called the post office and after being on hold for an hour they said they would open a case on the package. I just got called from the post office and was told that the address above has an automatic forwarding address to Janesville, WI. So to make a long story short don't be surprised when you send in your appeal via RAMP and it is forwarded. I hope this helps anyone who mails in an appeal. I am also including a copy of the form for those who may need it. RAMP - Secondary Decision Package.pdf

@asknod Sorry to ask such basic question...how do you check the VBMS? I am assuming this is only for appeals. I filed my first appeal woththe VBA last Thursday, faxed it in and also mailed in the package.

I did receive appeal rights, I was not sure since I had no idea that (in my opinion) the DBQ did not take into consideration of the pain and fatigue. I did not receive the C-file until 10/2017. But if I missed it I missed it, it is not the end of the world needless to say.

That is a story that unfortunately I know is true. It should not have been that hard for you to get into the system, you would have thought someone would say "hey buddy let me help you" but a lot of VAs did not help out vets that way back then. I have had a relatively easy time of it, even though I waited 20 years to file my first claim even though I feel I have to fight for everything I am rated for. The VA needs to realize that their purpose is to help vets and not make them jump through hoops to get the benefits that they have earned. Plus would it really hurt the VA to write their decisions in plain English, don't make us guess what they are trying to say!!!

The first one I received was incomplete, only 500 pages. I called and they sent me a new one 2 weeks later and it was over 2,500. It took about 8 months to receive. I am hoping I get the new one as quick as you did, which means I should see it in November. I did not need to sign for either disk...not sure why you did but I did not. Thanks

Thank you GeekySquid, no my DBQs were completed by LHI and QTC. I have requested a new copy of my C-file.

@broncovetIs it to late to file a NOD on a case where I received the decision on 3/9/2016 but did not discover that they failed to use the DeLucia criteria on me until after I received a copy of my C-File in October 2017? I know it is my fault for not catching this sooner so if I have missed the window to file a NOD then so be it.

I will have to see if I can, the reason being I believe I was going with the IVDS with an increase to 60% since I was off more than six weeks because of the back and legs. I was looking through my C-File I had received (I must admit I did not read it carefully enough), the decision was made on 3/9/2016 (original decision). for my back the original decision stated the following: Service connection for degenerative arthritis with scoliosis, spondyloarthropathy, and thoracolumbar strain has been granted because this condition, which existed prior to military service, permanently worsened as a result of service. The preservice percentage is normally deducted before assigning any service connected evaluation less than 100 percent. Since the preservice percentage is zero, no deduction is necessary. A 20 percent evaluation is assigned from July 26, 2015, the date we received your claim. The VA examiner opined that your lumbar spine condition, which clearly and unmistakably existed prior to service, was aggravated beyond its natural progression by and in-service event, injury, or illness. We have assigned a 20 percent evaluation for your lumbar spine based on: • Combined range of motion of the thoracolumbar spine not greater than 120 degrees • Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees Additional symptom(s) include: • Painful motion upon examination The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR §4.59. A higher evaluation of 40 percent is not warranted for degenerative arthritis of the spine unless the evidence shows: • Favorable ankylosis of the entire thoracolumbar spine; or, • Forward flexion of the thoracolumbar spine 30 degrees or less. I remember when the evaluation was completed, it was with QTC that they could not measure me with the (can't remember what the measuring tool is called) because I asked the doctor should I stop when it starts to hurt and she said yes. Now I was barely able to move because of the pain so she was not able to take a measurement. So I don't understand how the original rating was reached. I don't see anywhere on her DBQ where it states she was unable to take a reading. The DBQ also list under medical history the following: "His back aches on a scale of 1 - 10 with 10 being the worst will be anywhere between 7 - 10 depending on the day. He no longer stand as straight as he use to and find himself bent over more and more because of the pain. He currently takes two Aleve's daily to help reduce the pain (it only helps a little). He was told recently when his back was x-rayed that his curve is now 50 degrees, it was around 28 degrees previously. When he first went into the military he was 73 inches tall. When he was recently measured he is now 72 inches tall." Should this statement not have triggered the DeLuca criteria? As you can see I have dropped the ball and may have cost myself some money. Sorry I know this is a lot to read. 5242 DEGENERATIVE ARTHRITIS WITH SCOLIOSIS, SPONDYLOARTHROPATHY, AND THORACOLUMBAR STRAIN Service Connected, Peacetime, Aggravated Static Disability 20% from 07/26/2015 Here is a copy of the DBQ - redacted DBQ for Spine on 1-20-2016.pdf

I know that when I filed for an increase for my IVDS (I had more than 6 weeks of bed rest), they denied it because they said I would go from 70% (back and lower leg nerve issues) to 60% if they granted an increase to the IVDS. They said I am cannot be rated for both since it would be pyramiding. I am still working full-time even though I have to take sick leave when my back is acting up, so I do not want to receive TIDU. I agree with you that it is probably too low and that the rater did not look at all the evidence I had submitted. I always re-submit all the evidence when I file a claim, I want to make sure they have everything. I even take MRIs and x-ray results so the examiner has a copy of it. I have never had a C&P with the VA, it's always been contractors (QTC or LHI) so that they also have the medical evidence for their write up. I was given 20% for my back wen I first filed (which was 20 years after retirement). I will file a claim requesting an increase for my back due to limitations of movement from pain and fatigue for my back. I have requested another copy of my C-File to see what is now in it. I need to look at the older copy of my C-File and see what it says about my back. Thank you for the suggestions.

Does anyone know if I can be rated for limitation of movement of my back because of the pain and fatigue I have. I was reading DeLuca v. Brown but I am not sure if it still considered pyramiding or not since I have been rated for nerve issues in my lower legs because of my scoliosis. I experience back pain and fatigue after only a few minutes (10-20 minutes) of yard work, or any other type of physical activities to include prolong walking.

I had scoliosis prior to joining the AF and it was noted on my entry exam. I did have to obtain a letter from my doctor before they would let me enlist (March 1978). I had injured my back several times while in the service causing my scoliosis to become worse. The VA has rated my scoliosis as "Intervertebral disc syndrome and degenerative arthritis with scoliosis, spondyloarthropathy, and thoracolumbar strain". Since it became worse because of military service I do receive a VA rating for it.

Buck that is so true. Besides their high salaries don't forget the money they get to spend on travel which is usually in business class or higher. Congress wastes so much money on foolish items for their districts and not enough on what really matters, such as for veterans, social security, health care and so forth.

I had my current claim was completed on Monday and for me the disabilities were updated at the same time. I am waiting on the VA letter to tell me how they came up with their decision. I was lucky enough to go from 80% to 90%, the one thing I am confused about s the effective date. I started this claim on July 19, 2018 but they gave me an effective date of 5/26/2018 (not sure where this date came from). Dan, if I can ask you said you have seen your C&P exam results. Where were you able to see this? I would love to see my C&P exam results for this claim.

I had an appeal for a higher level review which I stated May 2017, in May 2018 I opted for RAMP. It was decided on 8/16/2018. Now it was denied and I will now appeal the case to the VBA via RAMP which should be decided around February 2019 (more or less). I live in VA and am not sure if that matters or not. But going RAMP was faster even though they denied it. I also just filed a NOD (for an effective date) and opted for RAMP with it also, I am expecting it to be processed much faster as well. For me I believe RAMP is working fairly quick but as more and more start using it I am thinking it will slow down.

The majority of my disabilities are secondary, so yes one must always look for those connections. My current claim for my knees and hips are secondary to my service connected disability. I do struggle with depression because I am no longer able to do the things I did in the past because of my disabilities. I thought as I got closer to retirement I would be able to do all sorts of activities but now I can't, it really stinks!!! I have been debating with myself whether to go and see someone for this but i find it hard. I do appreciate everyone's feedback, I find it very helpful.

I agree with you 100% . For my SA claim, which I am now having to appeal. I have two DBQs one with a medical opinion stating the hypertension that went un-diagnosed along with the body mass indicator (BMI) (I listed all my weight readings from my medical records) along with my buddy letter from my former NCOIC, statements from my ex-wife and also daughter indicates that more likely than not I had SA. Now the higher level review via RAMP was denied so now I am filing an appeal via RAMP. Hopefully the VBA agrees with the evidence I am submitting. On a side note. I had requested a phone call with the RAMP higher review which I did receive. At the end of the call I had asked when do you think a decision will be made, she stated 2-3 weeks (I actually had it the next day), she then stated that most of these claims are denied at this level but the VBA usually approves them since they are more lenient (mind you she has all of the evidence I mentioned above). Now first she should never had told me that for all it does it make you lose hope and second if they know the VBA will probably approve then why doesn't the senior adjudicator just approve it. I really thought that it was crap she said that. Statements like the one above from the senior adjudicator are dumb and inappropriate. Sorry I am still upset with her telling me that.

I certainly agree, with you. The vets from Nam truly were let down when they returned. I may be wrong but very few vets wanted to go to Nam. I When I go to the base for doctors appointments I tell all of the service members to make sure they get everything documented in the medical files, no matter how small. I tell them not to be like me and not go that often for now I am paying the price of trying to establish service connection. I am now trying to establish service connection for hypertension, so far it has been denied and now I am in the process of appealing the denial to the VBA. I am not sure if I am establishing my claim correctly or not. But I took every blood pressure reading I had while in the service and put it in a chart. The records clearly establish during my time in the service that my average blood pressure reading should I was pre-hypertension (this was for 45 readings). When I show the average for the last three years in service I had hypertension (5 readings). My argument is that the service failed to diagnose me for hypertension and that should not be held against me. Now the hypertension standards were lowered on 11/13/2017, if I use the new standards I would have had hypertension stage 1 as an average for the entire service and hypertension stage 2 for the last three years. Now the question is will the VBA agree with me.

When I retired in 1995, I retired early when the Air Force was down sizing (17 years 3 months). Unfortunately the VA did not come in and give a seminar, I did not file my first VA claim until 20 years after I retired. I think the VA is doing a better job with telling vets before they get out to file their claims.

Unfortunately people know what can get them the most for disabilities. It’s not that you are getting too old, you are correct for being cynical. As we all know there are those out there claiming disabilities they don’t have to make a little more money.

Thanks Gastone...never thought about looking at their decisions.

I am curious as to when did the military start diagnosing sleep apnea (SA)? Does anyone know? Do you have some type of a reference for when did the military start diagnosing for SA? Yes I have a SA claim that I am trying to get service connected. Thanks in advance for any and all assistance on this.