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AJones

Seaman
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  1. Like
    AJones got a reaction from LisLady in Uterine Fibroids/Hysterectomy Post Service   
    Hi Vee,
              Yes you will be compensated. I discovered I had fibroids 10 months after I retired and had this confirmed by 3 different Drs, and the VA. 3 years later I had a hysterectomy.VA didnt service connect. Their reasoning was "Since the growth of fibroids varies widely, The notion that fibroids  developed while on active duty cannot be absolutely determined"
               I flipped it right back on them saying "Exactly, the growth rate does vary widely, it must be assumed that based on the size they are now -Grapefruit- that they may have been the size of a pea those last months when I was in uniform". I pointed out that there is no test to determine if a woman has fibroids in those early stages and that perhaps 1 should be designed to catch the condition and treat it quickly. We have mammograms and PSA's  at certain ages, Why not a Fibroid screen?  I also included a policy on tumors related to the Korean War. In my appeal I included that policy and said "I know this policy was not written with Women in mind" The policy addresses the development of Tumors and the fact that these growths will Always be service connected. Fibroids are Tumors.
               I was rated 100 on my appeal for 6 months from the hysterectomy due to the fibroids then dropped to 30 because I still have my tubes. I also receive SMC - Special Monthly Compensation- for loss of a creative organ. You'll Prevail Sister
  2. Like
    AJones got a reaction from vee330 in Uterine Fibroids/Hysterectomy Post Service   
    Hi Vee,
              Yes you will be compensated. I discovered I had fibroids 10 months after I retired and had this confirmed by 3 different Drs, and the VA. 3 years later I had a hysterectomy.VA didnt service connect. Their reasoning was "Since the growth of fibroids varies widely, The notion that fibroids  developed while on active duty cannot be absolutely determined"
               I flipped it right back on them saying "Exactly, the growth rate does vary widely, it must be assumed that based on the size they are now -Grapefruit- that they may have been the size of a pea those last months when I was in uniform". I pointed out that there is no test to determine if a woman has fibroids in those early stages and that perhaps 1 should be designed to catch the condition and treat it quickly. We have mammograms and PSA's  at certain ages, Why not a Fibroid screen?  I also included a policy on tumors related to the Korean War. In my appeal I included that policy and said "I know this policy was not written with Women in mind" The policy addresses the development of Tumors and the fact that these growths will Always be service connected. Fibroids are Tumors.
               I was rated 100 on my appeal for 6 months from the hysterectomy due to the fibroids then dropped to 30 because I still have my tubes. I also receive SMC - Special Monthly Compensation- for loss of a creative organ. You'll Prevail Sister
  3. Like
    AJones got a reaction from Andyman73 in Combined Ratings Bog!   
    UPDATE!!! I took Hamslices advise and dialed the 800 #, explained the situation and got a remedy for the Vet. The rep calculated 90% -88% rounded up- and sent the request for correction. Also the Bilateral factor is at play, thanks for pointing that out Andyman73. Thanks everyone for all the advice and input. 
    Much Respect,
    AJones
  4. Like
    AJones reacted to Buck52 in Combined Ratings Bog!   
    I agree with Hamslice...with thr 3 additional 10% added in  that's a combined rating of 91%  so 90% total combined rating...now you need additional  50% rating to get to the 100%
    I figure about 1% for each 10% rating  but that's not the way to figure it.
  5. Like
    AJones reacted to saxman in Combined Ratings Bog!   
    AJones, I came up with 88% which is 90%!
  6. Like
    AJones reacted to broncovet in Uterine Fibroids/Hysterectomy Post Service   
    Chances are good for compensation if you meet the criteria, and we dont know if you do or not as we have not read your records.  Your records need to have:
    1.  A current diagnosis of the hysterectomy.  Documentation documentation documentation.  
    2.  A nexus.  You need a doctor to say that your hysterectomy was "at least as likely as not" due to uterine fibroids from service.  For secondary conditions, you dont need the third leg of the caluza triangle "in service event or aggravation" because you already met that with your service connected fibroids.  
    You can order your cfile and see if a doctor said that in his report.  If not, you will likely need to get the above nexus before you are service connected.  
    As far as "back pay for the hysterectomy", that is unlikely.  The effective date is the later of the date you applied or the facts found.  If you did not apply until 2016, then the VA wont give you compensation back to 2013.  
    All this said, there are things like doctors appointments being informal claim dates.  BUT, you have to meet the criteria there also.  Your claim has to be IN WRITING, you have to "show intent" to apply for one or more benefits, and you must specify the benefit sought.  
    So, to get back pay you would need to document that you "showed intent" to apply for benefits back when you got your hysterectomy.  You see, the VA will allege you were not seeking benefits, you were seeking treatment when you went to the doc UNLESS there is documentation you were seeking benefits in your file.  
    Order your cfile, read it, and you can answer these questions, we can not without reading your file.  
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