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John Royal
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Posts posted by John Royal
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Any other Brother's and Sisters out there experiencing this?
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Thanks Vync!
I have not been taking any medications (yet), as I just got diagnosed. I do take Motrin from time to time, but not on a frequent basis. My wife and I both agree that I started having this Reflux issues about a year after I started using a CPAP Machine.
I will definitely check with PCM to see if it could be a secondary condition that is related to and/or onset due to Sleep Apnea. I will also be discussing the possibility of the use of Motrin as it relates the Reflux, which is something he prescribed for other SC related conditions.
JR
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Greetings,
Looking for guidance on whether I should file a Secondary Claim for GERD due to its possible connection to my SC Sleep Apnea. The information below is taken from VA Medical Record PCM notes.VA Medical
Patient consumed the effervescent granules for esophageal distention. Patient subsequently consumed thick barium material. There is no focal stricture, discrete ulceration, or mass effect on the esophagus. Normal transit of contrast through
the lower esophageal sphincter. There was however low-grade reflux in the lower third of the esophagus. Small hiatal hernia.
Any guidance is most greatly appreciated!
JR
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Good morning Brother's and Sister's,
I stumbled across this website a few months ago and as of this week we will have benefited from using this program three times. Since joining this Program, we have seen Boston & Joann Jet (2 Tickets - $14.97) , Matchbox Twenty & Counting Crows (4 Tickets - $14.97) and will be seeing the Goo Goo Dolls (4 Tickets - $14.97) tomorrow night. The price for all of these concerts (Reserved Seats) was a Will Call Delivery Fee and all of the prices combined were less than we would normally pay for one Reserved Seat. You can also get tickets to other events, not just concerts.
If you are so inclined, use my referral link below (you don't have to use my link), get vetted and benefit from prices that will blow your mind and then you can actually afford buying food and beverages at the event!
https://www.vettix.org/ref/339066
JR
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Transferred my benefits to her that is...
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Buck,
I have transferred and she is using the benefits. I appreciate your taking the time to assist!
JR
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Buck,
Just to clarify, she is receiving Post-9/11 GI Bill Education Benefits. The issue we are fighting is the not be able to get in-state tuition because of the her not using the benefits within three years of me retiring. The law came out in 2014 and that is the start date. Definitely going to elevate this to the appropriate levels to ensure that it gets visibility!
JR
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Hi Buck,
My daughter is currently using my benefits at ECU in North Carolina, but due to retiring in Virginia in 2011, she unable to get in-state tuition for NC based upon she did not start using my benefits three years after I retired, which is before the law changed. Once would think they would Grandfather dependents of those who retired before the law was in effect. The three year rule is the sticking point and the even though the VA says that an IHL can grant in-state tuition, the school will not budge and I may need to take this up with my Representative in Congress, as well as file a petition with the White House.
The information below is taken directly from the VA's website and note that the last paragraph addresses the IHL having the right to grant in-state tuition regardless of the VAs requirements.
Section 417 of Public Law 114-315 requires VA to disapprove programs of education for payment of benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty at public Institutions of Higher Learning (IHLs) if the school charges qualifying Veterans and dependents tuition and fees in excess of the rate for resident students for terms beginning after July 1, 2017.
To remain approved for VA’s GI Bill programs, schools must charge in-state tuition and fee amounts to “covered individuals.” A covered individual is defined as:
- A Veteran who lives in the state where the IHL is located (regardless of his/her formal state of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more.
- An individual using transferred benefits who lives in the state where the IHL is located (regardless of his/her formal state of residence) and enrolls in the school within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
- Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school. The person so described must have enrolled in the school prior to the expiration of the three year period following discharge or release as described above and must be using educational benefits under either chapter 30 or chapter 33, of title 38, United States Code.
- Anyone using transferred Post-9/11 GI Bill benefits who lives in the state where the IHL is located and the transferor is a member of the uniformed service who is serving on active duty.
- Anyone using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state where the IHL is located (regardless of his/her formal state of residence).
The in-state tuition provisions in Section 417 do not apply to those individuals on active duty using benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty.
Public IHLs must offer in-state tuition and fees to all covered individuals with Post-9/11 GI Bill and Montgomery GI Bill - Active Duty (MGIB - AD) benefits in order for programs to remain approved for GI Bill benefits for terms beginning after July 1, 2017. After July 1, 2017, VA will not issue payments for any students eligible for the Post-9/11 GI Bill or the MGIB-AD until the school becomes fully compliant. These requirements ensure our nation’s recently discharged Veterans, and their eligible family members, will not bear the cost of out-of-state charges while using their well-deserved education benefits.
It depends on your school's policy and rules:
- By law, schools are allowed to have additional requirements that must be met in order for a “covered individual” to be charged the resident rate for tuition and fees.
- Also, some schools grant the resident rates to students with military connections (current or former member of the Armed Forces, or dependents of current or former members of the Armed Forces) regardless of whether they are “covered individuals.”
JR
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Anybody out there?
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Good morning,
Do any of my fellow Veterans and/or retirees know if the Forever GI Bill will address/change the requirement of enrolling in college and getting in-state tuition for a dependent who is using the Post-9/11 GI Bill in a different state within 3 years of the veteran retiring? The reason for asking is, I retired in 2011 (3 years before the Choice Act was passed into law), and my daughter is just starting college this month.
JR
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Just logged into eBenefits and my status has changed to Pending Decision Approval with a end date of today. I was thinking of calling the VA to see if they have more updated information, as eBenefits normally lags behind as far as status. Does anyone think this is a good idea?
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Updated information on eBenefits now reflects Preparation for Decision. Keeping my fingers crossed that the decision will be soon and favorable!
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Good evening Brother's and Sister's,
I inquired with the VA on the status of my reopened claim today, as eBenefits says more documentation was needed. I inquired with the VA and they advised that it is back with the VARO in Roanoke Virginia and no other information is needed. I know there is a lag between Ebenefits, the VA and VAROs. I asked the VA Rep if he thought it would be prudent for me to use the eBenefits site to request the VA to make a decision and he said based on his experience that I should. Has anyone used this option in eBenefits before? If so, what was your outcome?
JR
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On 10/30/2015 at 4:56 AM, pepperD said:
I must thank the Veterans on this forum for sharing their stories, successes and wisdom. My appeals at the Veterans Board of Appeals finally granted my claim for sleep apnea. It's taken 6 years and 3 C&P run around to finally get a favorable decision. The advise provided on this forum kept me motivated to stay with it and not back down. BVA's last attempt in July 2015 to close my appeal was thwarted by my refusal to give in. I disagreed with their "findings" and was able to prove that the C&P examiners were not considering all evidence presented. My first C&P examiner flat out refused to acknowledge sleep apnea even though my record stated I had mild-sa, but I wasn't on a CPAP. Forward to 2014, I got a Nexus from my private doctor that stated in his medical opinion, symptoms I was experiencing in 2007 were the same I was currently having. Testing confirmed SA and CPAP issued. Follow up C&P doctor did everything he could to contradict the test results. He even went as far as to recalculate the math and his number came up less than what the Sleep test showed. (Beware of doctors at Jackson, MS C&P clinic) they have screwed up 2 rounds of C&P's. When BVA came back to me in July 2015 and wanted me to agree that my claims should be closed, I did more research, got 6 months worth of CPAP usage data together and filed a VA Form 9 and pointed out everything the Dr. at Jackson VA did that wronged my claim. I pointed out the facts of my case again, 4th document to BVA, same subject. This time the Vet Law Judge concurred with the evidence. The nexus letter from current doctor, though it was overlooked previously was mentioned in the letter from BVA.
Now the waiting game again while the AOJ in North Carolina re-adjudicates my claim for all the other items they failed to properly award compensation. Though I may end up with another C&P exam for my lumbar spine, I feel much success finally getting to this point. All the Vets that post their questions, cases and opinions on this site certainly helps other like me to see and stay motivated to fight VBA for what they deserve.
I'm not done with the fight and will continue to learn from advice on these forums. For those Vets that just received their first statement of case and feel they've been handed an unjustified low compensation rating, I say to you, dig in and fight like a Vet! It will be a long time consuming fight, but with the help of this forum you will get what is due to you so don't be afraid to ask for help. The Vets on this forum have years of experience and many have fought and won numerous claims that VA originally denied.
My scenario is the same as yours and I am in round 1 and hope that it only takes one round!
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On 5/23/2016 at 2:28 PM, flores97 said:
I recommend, if you have been waiting for at least six months on your cfile OR if you have a hearing approaching, contact your local congressman and ask for assistance in obtaining your cfile, it worked for me. If that doesn't light a fire, contacting the Secretary of VA as Asknod and Shuman suggested most definitely will. I opted for the congressman, as I wanted to save contacting the Secretary for a last resort, I waited literally almost two years after requesting my cfile and, after contacting the congressmans office in my area, had it on my doorstep, delivered by UPS, less than two weeks later.
Just contacted my local Congressman and hopeful that I will get the same response, as my wait time is between 08/20/2018 - 03/14/2020.
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On 6/21/2016 at 10:17 PM, 63Charlie said:
I submitted a Freedom Of Information Request first through normal channels.
Waited a month and nothing.
Emailed the Secretary..... mentioned my doctor needed the C-File to prepare his IMO.
and...SHAZAM!!
I logged in to eBenefits and the Estimated Completion is: 08/20/2018 - 03/14/2020. It looks like it is time to go directly to the Secretary.
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On 6/17/2016 at 9:09 PM, 63Charlie said:
I emailed Secretary McDonald and had my C File within two weeks.
Good evening 63Charlie,
Did you submit a VA Form 3288 to the VA before contacting him directly? If you did go straight to him, did you submit the form to him of just an email.
JR
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I will be visiting the Virginia Department of Veterans Services (DVS) soon to have some of my previous conditions re-evaluated for increase due to many of the posts that I have read here. I spoke to them and they said they have access to some (I hope all) rating decisions, which I am hoping is my actual C-File. If that is the case and we are able to discern that the VA missed the evidence of OSA in my SMR, should I resubmit the evidence under 38CFR 3.156? If so, would the VA then go back to the date I first applied?
Dependent on the advise of those who have experience, I need guidance on how to proceed based on the following information, as I will be discussing this when I meet with the VA DVS. I had surgery for a Meniscus tear to my right knee while on AD (they also removed Arthritis). The VA SC'd me at 0%, but classified it as Degenerative Joint Disease (claimed as Chronic Aches). What is the best way to address this issue?
JR
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4 minutes ago, Gastone said:
MF In Charge.
Do you have a copy of your SMR with the DX of mild SA? If not, requesting your Complete SMR on your E-Ben site will be about 9 months faster than the usual wait of 13+ for your C-File.
As to your "Viewing" your C-File, 5 hr ride to RO is not worth the trip, if your not absolutely certain of the outcome. Whys your C-File in Ohio?
This will take some work on your part. Find out which VSO is the best staffed at your RO. You need a VSO that you can reach by Phone, Fax or E-Mail on a regular basis. How far are you from your VMC? There should be at least 4+-, VSO-Reps there. They won't have the same computer access that their RO HQ Offices have but they can help. There might even be a State VSO Office near you, Google it.
I just spoke with my VSO HQ regarding viewing my C-File at the RO. He's a Retired DRO and very well seasoned. He concurred regarding the VA Walk-in, 1st come 1st served C-File viewing policy. He stated that all Det RO Files have been digitized, everything is now on computer. All the better, for our viewing pleasure.
I have no info to support this but I have to believe that your C-File is also digitized. If that's the case, you should be able to view it on an RO Comp Dept Computer. You need to check that out with a VSO MFIC.
Or, you can wait a week or so, I have an upcoming appointment at my RO. While I'm there, I was planning on trying the C-File Viewing policy out.
Semper Fi
I do have a copy of my SMR with a DX of mild OSA.
The C-File is actually in Wisconsin and I am not sure why. I plan on calling the VARO office in Roanoke to see if I can find a MFIC that will be able to put me in touch with a VSO rep to talk to.
Thank brother,
JR
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24 minutes ago, Andyman73 said:
MFIC is the M...F...in charge, and their boss would be the Head MFIC. This is not to be confused with JAFO...just another F...observer. Though when the whole thing is AFU, sometimes the MFIC acts like a JAFO, and when that happens it's FUBAR. Which gets you thinking...BOHICA. Then you begin to realize it's SNAFU!
I was thinking about the acronyms on that level, but after your reply I am ROTFLMBO....
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1 hour ago, Gastone said:
John, how far do you live from your VARO?
If it's not an unreasonable distance, trip down there one morning or afternoon. You could accomplish a couple things while there, 1st file your FOIA Request for your C-File in person, 2nd request a Personal Viewing of your C-File per VA Walk-in no Appointment necessary, which you might have to push hard on. Lastly, recon the different VSO Offices, usually located on the same floor as the RO.
Your looking for a Well Staffed VSO, stop in and talk to 1 of the MFIC's about your situation and their repping you. Better to do this, prior to filing any type of Appeal. Might be a good time to get VSO Assistance.
Do you really believe you have New & Material Evidence, supporting your previously Denied and Final Claim? What makes you think it was in your C-File, did you supply it originally?
Read up on the VA Policy regarding Receipt of New & Material Evidence received post Denial Decision, triggering an Automatic Review of your Denial by a Sr Rater or Actual DRO, giving deference to the original raters Decision.
I was told by my VARO in Roanoke Virginia (5 hours from here) that my files are now located in Janesville Wisconsin, so I will not be able to request in person. Maybe can speak to one of the VSO Offices and speak to a MFIC (what is a MFIC), but I can call and hopefully discuss my situation over the phone.
I am assuming that I have New and Material Evidence, as my SMR specifically states that I had mild OSA while on Active Duty and now I have moderate OSA that requires a CPAP (get machine this month), which to me says they either missed seeing that in my SMR or they disregarded it all together.
I will research the VA Policy for New and Material Evidence received after Post Decision. Is there information on Hadit in regards to this or is it specifically on the VA website?
Thanks for the guidance Gastone!
JR
GERD (AKA REFLUX) DIAGNOSIS
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Vync,
Thanks for the very helpful information!
JR