ddj6969

I have the same. Several issues at the BVA. Says "granted" in green. Was wondering the same thing if everything was granted. Waiting for the letter from the RO.

My claim was denied by the DRO. I am still within the 60 days so hearing with the DRO is an option. The problem is I have neuralgia of my ulnar nerve which would be covered under ecfr 4.124a 8712. I filed the claim for ecfr 4.124a 8713 all radicular groups. That is not my disability. I made the mistake by not researching enough. Can I go to the hearing and change the code? The reason I ask is my initial filing was 4 years ago, that is alot of retro to give up on. Thanks

I obtained a 3rd medical opinion and another lay statement for my claim. I am forwarding them to the VA along with this letter. Would like thought/ideas on the letter before I send it. Thanks To: VA Date: 09-23-2015 I am attaching a 3rd medical opinion in support of my claim and another statement in support of my claim. The VA now has 5 medical opinions stating I currently have my claimed conditions and these were incurred during service. The VA also has 5 lay statements in support of my claim and billing records to prove I was diagnosed with my claimed condition during service. I believe the evidence is overwhelmingly in my favor and my claims should be granted. I also found the following court cases which apply to my claim: BVA Citation Nr: 1230688 In this case the veteran was denied service connection in part because of the lack of reporting during his exit exam. The BVA stated that “the improper reliance on the absence of documented” condition “at separation and a lack of corroborating medical evidence in determining there is no nexus between the Veteran's current” condition “and service, without addressing the competent evidence of continuity of symptomatology, diminishes the probative value of the VA opinion.” …”Regardless, the Board accepts that the Veteran had” the condition “during service, based not only on his MOS but also on his credible statements and finds that his report of in-service” condition “and continuity of symptoms after separation to the present, to be both competent and credible. The evidence is in at least equipoise, and thus, resolving all doubt in favor of the Veteran, service connection for” condition “is warranted. Consequently, the benefit sought on appeal is granted. The above case almost exactly mirrors my case. In Buchanan, 451 F.3d at 1335 it was determined that “lay evidence is one type of evidence that must be considered” and that “competent lay evidence can be sufficient in and of itself.”   The rule announced in Buchanan is particularly important when veterans' service medical records have been destroyed.   Unless lay evidence were allowed, it would be virtually impossible for a veteran to establish his claim to service connection in light of the destruction of the service medical records. In Jandreau, No. 04-1254, slip op. at *3. Lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition,4 (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. My 5 lay statements all describe symptoms supported by a medical diagnosis. Thank You

Injury happened while stationed in NY. Problem is by the time I got around to getting the medical reports it was past 7 years and they were destroyed. I was seen by private DRs. I was able to find Tricare insurance records which list DRs. name and their diagnosis, exactly what I am claiming. The C&P DRs. said that yes he was diagnosed with his claimed injury while in service, yes he has claimed injury now(supported by 2 IMO's) but there is no evidence this is the same injury as happened in service. Herniated discs do not heal themselves and then reherniate as far as I know? I just hope they wanted buddy letters to lean in my favor.

I received the Current Status of Your Appeal letter last week. It was dated July 31st. In the what do we still need from you section the DRO asked for "any other relevant evidence that I think will support my claim including buddy letters". Is that unusual? I was given 10 days to reply and when I received the letter 7 days had already passed. I quickly got 3 buddy letters together and faxed them and also uploaded to EBenefits. When I was uploading to EBenefits my NOD was labeled pending decision approval. Are they asking for evidence because they are on the fence about my claim? Just asking for thoughts.... Thanks

The MRI exam and the consultation visit in 2000 were done with doctors who were not military. They only keep those records for 7 years. I did not even know I could be compensated by the VA until 2008. By that time the records were destroyed. I made every possible effort to get the records and so did the C&P examiner. I am still holding out hope. If I do get denied Dr. Bash will be my next step.

This was what the DRO sent to the C&P: Note 1: The Veteran's complete original service records are not available for review and the only available copies of record do not show neck problems while on active duty. However, the veteran has submitted copies of medical bills showing a consultation with Dr. (x). D on 5/18/2000 and subsequent MRI of the neck on 5/25/2000. Although the results of the MRI nor the actual treatment reports are available, for purposes of this opinion request, please consider as though the Veteran did report complaints/symptoms involving his neck and/or upper extremities while on active duty. Note 2: The Veteran is claiming "neuritis/radiculitis" of the upper extremities related to his cervical spine disability. Please specifically examine for and report the presence or absence of an upper extremity diagnosis such as radiculopathy or neuritis and comment on whether or not it is attributable to his claimed neck disability.

The patient stated he was seen in 2000 for the n/t in his arms. There are notes that appear to be EOBs that support his claim that a neurologist and radiologist in (state x) billed the insurance for visits on 5/18/2000 and 5/25/2000 for brachial neuritis and cervical ddd, respectively. However, there are some inconsistencies in the history. It seems unusual that a patient would be seen by a specialist and have an mri done just a few days before their separation exam from the military and then it did not appear to be mentioned in the separation exam; however, the report of medical history that often accompanies enlistment and separation exams was not present in the strs either which is often where that would be reported. Nonetheless, a problem necessitating an mri and specialty consultation a few days prior would have been expected to be mentioned by the patient to/by the provider on the separation exam, even if the neuro exam at the time was normal. As noted in the prior c and p exam, there is no informatino in the strs about the neck or arm symptoms. This va examiner interpreted the patient to say that his records from the base there in (state x) were destroyed; however,his separation exam was in the strs - how is it that all other records except the separation exam were destroyed from that location? Unfortunately, Dr. (x) (neurology) office does delete records after 7 years- as reported by the patient and verified with the clinic staff at that office by this va examiner. Unfortunately, the mri center (where Dr. (x) works) has films back to 2005 and has written rad reports back to 2000 but they did not have a report or evidence of the patient being there in 2000-- but the patient's name showed up in the system at their office. Even though there is substantial evidence he was seen for something related to brachial neuritis in 2000, there is no objective evidence in any medical record to indicate what the symptoms were exactly- if they were unilateral or bilateral. Regarding the mri, there is no objective evidence to indicate the specifics about the cervical ddd without having a medical record or rad report regarding the exact findings. The veteran currently has symptoms in the c8-T1 dermatome. In 2013, he informed the c and p examiner that the symptoms were in his entire arms and hands. The emg in 2013 was normal. Though emg/ncv studies can be normal in presence of radiculopathy, more often than not, these studies identify an abnormality when present, especially if present for so many years as reported. The cervical spine xray revealed mild degen changes of the cervical spine and narrowing at the right C4-C5 neural foramen. Based on all the above factors taken into consideration, there is insufficient medical evidence to determine a nexus between the symptoms reported in 2000 and the current symptoms. The symptoms even changed some since the last c and p exam in 2013. Therefore, it is less likely as not that the Veteran's cervical spine disability with bilateral neuritis of the upper extremities was incurred in or caused by military service. I like the part where I am basically called a liar. I have not got the response from the DRO yet but I expect a denial. What would be my next step?

At my C&P this week it was brought up that there was no record of my claims in my exit physical. This is true as I did not say anything was wrong with me. I was told by fellows service members at the time that if I said anything was wrong with me they would not let me out until the issues were resolved. I could not stay in service as I had a job waiting for me. The Dr. kind of smiled as if she had heard that before. Just curious if it is true they will keep you in service?...and if anyone else said they were fine and they were not? Thanks

I requested a DRO review. I think my claim is pretty simple. IVDS causes pain, tingling, numbness, etc. (radiculopath) in both shoulders, arms and hands. I was treated by a private doctor as my station had no medical center. The doctor only kept the records 7 years. I made several attempts to get the records and were told every time the records were destroyed. IVDS and radiculopathy is documented on the Tricare records with diagnosis codes and I also have 2 IMO's in support of my claim. The VA does not have the records as they don't exist anymore. At my C&P I told them go ahead and get them if you can and my claim will be even more solid. I have been doing my claim with the help of this forum! Chicago RO is not on steroids but thanks to members of this forum I emailed Allison Hickey who responded right away. I was then contacted by Director of Chicago RO and less than a week later at Iowa City.

Feel like the exam went well. Doctor was very friendly and said it looks like you have everything you need here. She is going to try and get copies of exams from private practice doctors I saw while active. I was told they destroyed those records after 7 years but I was luckily able to get copies of the Tricare records. She actually called one of them while I was there! They said no record of course. She would not tell me if she would rate my as likely or more than likely or anything which did not make me happy but it is sit and wait again.

Appt. at Iowa City tomorrow. Things are moving fast.

The neuritis thing puzzles me to as I never claimed it. I filed a claim for 4.124a 8513 which is Paralysis. Neuritis is 8613. Hopefully I can clear this up.

Recieved this today from Suzanne, "I wanted to get back to you with an update on your appeal. One of our Decision Review Officers reviewed your appeal and discovered that your Service Treatment Records (STR) were incomplete. We are making additional efforts to obtain your original and complete STR. Additionally, based on the review of the evidence of record, we have asked Iowa City VAMC to provide a medical opinion on the issue of your claimed neck disability (neuritis). Once the STR and the medical opinion are received, your appeal will be reviewed and the next step will be taken. This process could take 60-90 days. If you don't receive any information on your appeal within that timeframe, please feel free to contact me. Suzanne" Any idea what they mean by my STR is incomplete? And can I assume by asking Iowa City to provide a medical opinion I will be going for a visit? Thanks

Received a reply from Allison this morning and a email from Suzanne Nunziata, Director of Chicago RO, shortly thereafter saying she would take a look at my file and reply by the end of the week.

Thanks for the advice. Did a quick search on Hadit and found many success stories resulting from a email to Allison. Just sent her a brief email. I will post what happens.

NOD has been at the Chicago RO with a DRO for 491 days. Was told by IRIS they are averaging 447 days. Just wondering how long everyone else has been waiting.

In the topic "Request same DRO" it was mentioned that if you have no improvement the VA is supposed to consider P&T. Is this something the veteran would file? More info. on this would be great. Thanks

I was diagnosed with Intervertebral disc syndrome while on active duty. I have made a claim for this but upon further review need some guidance. My claim was made under 4.71a Schedule of ratings—musculoskeletal system 5243 Intervertebral disc syndrome for localized tenderness not resulting in abnormal gait. My symptoms are pain and numbness in my shoulders, arms and hands which I just found 4.124a Schedule of ratings—neurological conditions and convulsive disorders Diseases of the Peripheral Nerves. Would my service connection be for IVD and as a secondary service connection would be for the disease of the nerve or should I make my claim just for the disease of the nerve? Thanks

My last duty station was Garden City, NY. I was discharged in 2000. While there I was seen for medical at the Mitchell Field medical clinic. They sent us out to other Drs. I was treated by a back surgeon on Long Island but have no idea who she was. I have requested my medical records from Mitchell Field but they were destroyed in 2007. I would think that TriCare would have billing records but was told to ask my duty station for them. I asked Garden City and they do not have any records. The records are not in my service files as I have all those copies. Any ideas? Has anyone requested and recieved records from TriCare?

I am currently rated at 0% for athletes foot under 7806 Dermatitis or Eczema. Under 7806 this is the correct rating. I would like to change this to 7804. What do I need to file to have this done? Thanks

My first two claims were denied and the VVA helped write my appeal. After they helped me write the appeal I did everything else without the VVA. I contacted my local VVA who stated that the VVA was not aware that those two claims were done to my satisfaction. He told me to write the Chicago VVA office to close the appeal. Thanks for the replies.

When I started the whole disability claim process I had a rep. from the Vietnam Vets. helping me. Through the process I learned alot and ended up doing most of it on my own(with a ton of help from everyone on HADIT-Thanks!) My claims were decided in 2010 by a DRO and I am happy with the decision. I recieve a letter today stating that my appeals have been forwarded to the BVA for disposition. I call the 1800 number and find out that the Vietnam Vets. have appealed two of my claims, the ones they first helped me with, even though they have already been decided by a DRO. Two questions: How do I stop the appeal? Will this do anything to my claims which were already decided? Thanks

Yes I can work although it does hurt. The only one I saw for pain was this under 4.71a ...or localized tenderness not resulting in abnormal gait or abnormal spinal contour;... My doctor has said this will not improve but will probably not get worse either.

Read a little bit more into the injuries of the spine and found this at 20% -guarding severe enough to result in an abnormal gait....- I have to hunch over when I walk as the pain is so bad. Thanks