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63Charlie last won the day on April 7 2019

63Charlie had the most liked content!

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82 Excellent

About 63Charlie

  • Rank
    E-6 Petty Officer 1st Class

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. Dr. Ellis did an IME for my severe adult acquired flat foot syndrome. I'm awaiting a BVA ruling for service connection for the above. It is very encouraging to hear you report success using the Ellis Clinic. TY
  2. More likely than not because your former VA Psych Dr. knew that without a VA PTSD diagnosis you would not be eligible for monetary benefits on a PTSD claim. Just another VA gatekeeper standing in your way. I quit using VA healthcare because of the aggravation I experienced.
  3. One thing is truthful that he said, it doesn't matter( to him) what evidence you have as he doesn't care. If you have favorable evidence to support a claim, appeal the claims you were wrongfully denied. A well-known favorite tactic(unlawful) of C&P examiners is to ignore any favorable evidence an demonstrating their bias against you. Examiners are the gate-keepers for the VA.
  4. That is truly unprofessional on the part of the C&P examiner. I got the impression the examiner was on some kind of a power trip. By his own his self-admission of intent to file negative medical opinions prior to your C&P exam violates your right to due process of law. The C&P exams are intended to be medical fact finders. You need to make notes of what he said, just like the examiners make notes of what you say. You may need the ammo to challenge a bad exam. With an examiner like that what point is it to even bother to show up at all as he has already decided against you.
  5. This is what I found: Falzone v. Brown, No. 93-942 (Decided November 14, 1995 )appellant’s pes planus is the type of condition that lends itself to observation by a lay witness. https://community.hadit.com/topic/7210-continuity-of-symptomatology-not-treatment-§-3303b/
  6. Has this condition been adjudicated to be readily observable to a lay person? If a condition is readily observable by a lay person, then does the law indicate that a medical diagnosis is not required when filing a claim for this condition?
  7. It has taken five years, from the time I filed my initial claim, before my appeals are on the desk of a BVA judge. I am doing the AMA evidence submission docket(no hearing). I was awarded scheduler 100% in April 2019 under the Legacy appeals for a single condition. Opted into the AMA after a DRO awarded my 100% rating following our telephone conversation. VA.gov indicates it takes 1-2 months for a ruling after the BVA judge has an appeal in front of them. True, or false?
  8. Just discovered this article. If planes were contaminated with AO, why wouldn't armored vehicles be contaminated as well since the armored vehicles were subjected to aerial spraying? I was a grease monkey on Vietnam War combat fighting vehicles shortly after the end of the war , and some of them DID have strong chemical odors, and it definitely wasn't diesel. Damn. https://www.huffpost.com/entry/agent-orange-veterans-health_n_6445226?fbclid=IwAR25yICWOn3Msngxhnc9TSgxsUKwmuKrg7sPcjxa-sEdF9jCsJVQLncO_aI
  9. My attorney advised me that the VA has been putting extra effort into denying sleep apnea claims as of late. I was going to file for OSA, but not worth it to me.
  10. Does the VA specify that the new exam is solely for your back condition? At a 70% rating, you may qualify for Individual Unemployability(100%) if you are too disabled to work based upon your service connected disability(s). Has a claim for IU(Individual Unemployability) been filed in your behalf? When I filed for IU, the VA sent me for a general C&P exam where ALL of my service connected conditions were re-evaluated
  11. Thanks for the help guys. After I posted my question here, I emailed my attorney. His reply was almost verbatim to you guys advising no financial gain if I win a sleep apnea claim, as he is anticipating an award of SMC-S on conditions we are currently appealing at the BVA. I would like to win my appeals and let the VA alone.
  12. I currently have several appeals on the docket at the BVA. I chose the AMA evidence submission lane with no hearing. VA.gov states I will have a decision soon. BUT...here's what happened today. I was sent by the VHA for a community care appointment to a prosthodontist for my teeth. During the oral examination, I was advised that my airway was obstructed. The doctor asked, "Have I ever been diagnosed with Obstructive Sleep Apnea?" I advised that I'd never had a sleep study/testing performed for that disorder. The doctor advised me to see a specialist and obtain treatment for it. I currently have a max rating for allergic rhinitis and discovered there is a link between AR and OSA. See link:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6319794/ Should I go ahead and develop/submit a claim for OSA ASAP, or wait until the BVA rules on my appeals??? Thanks
  13. My DD-214 indicates I was active duty from from the entrance medical exam where the Army found me fit to serve, until I was discharged 2 years later. I am unaware of AIT NOT being active duty, or a 90 day period barring one from being able to receive disability benefits. Not saying there isn't, but would you happen to have this information available and can you copy and paste it here?
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