NoTheEnemy

If I'm not mistaken, I don't believe any RO's actually keep physical C-files. I haven't seen one in a few years. Everything goes to an intake site and is digitally scanned. Have you tried contacting the RMC?

You're very welcome. I'm happy to assist.

My recommendation is to wait. But that's just based on the information I have. Its in the final stages. If you start sending stuff in before it is adjudicated (additional evidence, duplicate evidence etc..) it could delay your claim. Sometimes the system auto generates a claim status, when in fact, the claim is much further along. The system sometimes has hiccups. I've been assigned claims to work before that say RFD (ready for decision), I quickly glance over it to see what i'm dealing with and notice that the entire claim is rated, the award has been processed and the veteran has been notified and probably received their first payment. I'm honestly not sure why it would keep going back and forth. That is part of the process before it gets to my desk and I'm not confident enough to give an opinion other than the known occasional hiccups. "Preparation for decision"...I"m going to assume this means "Ready for decision" I'm not sure if Ebenefits and the system at the RO use the same terminology, but when a claim is RFD, that means its in a queue waiting in line for a rater to work it. I'm not sure what the suspended letter is, but we do have a term we use, "suspense" which basically tells us when the claim should be moved on to the next step. If nothing happens in the system that automatically closes that suspense, then there will be an "alert" for us to check up on it. For example: Claim is sent ready for decision with a suspense date of 2/14/17. 2/15/17 arrives and it hasn't been rated. The system sends an alert (hey, this claim was supposed to be moved on in the process by this date, what gives?) We see that somehow it slipped through the cracks and it is put on a priority list. However, if someone does work it before that suspense date, it automatically closes that date and creates another for the next step in the process (the majority of the time). When was your claim filed? Is it an original claim?

I'm going to assume that you mean you filed an informal claim (VA Form 21-0966 Intent to file) on 12/11/2015, sent the paperwork to the VSO on 12/7/2016 but the VA received the completed claim on or after 12/12/2016? What do you mean by "canceled old claim"? If the previous statement of mine above is correct, then VA won't "cancel" your claim. We can't withdraw a claim unless the veteran or POA instructs us to. And as a matter of fact, a submission of Form 21-0966 isn't even a claim. Its basically used to lock in an effective date (date VA received 21-0966) for up to one year. If we receive the formal claim (526 EZ) after a year, then we simply use the date we received the formal claim as the effective date (assuming this is an original claim). I have never heard of a waiver to reinstate the date of the 21-0966 as the effective date after the 1 yr expiration date has passed

You're more than welcome. I absolutely advise getting a diagnosis for your knee pain, and especially do it while on drill or when called to active duty again. Make sure you get copies of your medical records from the Reserve/NG unit, as these can sometimes be difficult to find after discharge. There are guidelines for presumptive/chronic status for undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses that are afforded to veteran's that served in the Southwest Asia Theater of operations. However, Afghanistan is not included in VA's definition of the Southwest Asia Theater of Operations, which I truly don't understand. There are 9 rare, infections disease that are considered presumptive for veterans who've served in Afghanistan.

Here is how I would look at that claim: Since there is documented evidence of an event (fell on frozen ground) that VA concedes was the cause of your service connected TBI, I would ask for direct service connection and request a medical opinion asking if your current cervical spine condition was caused by the event in service. It seems unlikely that we could service connect a cervical spine condition as secondary to residuals of a brain injury. However, if you did decide to claim it secondary, VA will first attempt to service connect direct. If we can't, that's when we'll go with secondary service connection.

from 38 CFR 4.114 Schedule of ratings -Digestive system 20% Small, not well supported by belt under ordinary conditions, OR healed ventral hernia or post-operative wounds with weakening of abdominal wall AND indication for a supporting belt. 0% Wounds, postoperative, healed, no disability, belt not indicated My interpretation is that the belt is required because if you look at the 0% criteria, it shows that if a belt is not indicated then it only warrants a zero. I would ask myself..."Is a belt indicated? If yes, do either one of the criteria for the next higher percentage apply? If no, then the condition is rated at 0% Also, the supporting belt alone would not warrant a 20% evaluation. Evidence has to show a healed ventral hernia or post-operative wounds with weakening of abdominal wall as well. The veteran in that hearing could have been awarded the benefit based on "not well supported by belt under ordinary conditions" and therefore didn't wear one because it didn't offer support anyway. I hope this helps.

I know that to get 50% for sleep apnea with c-pap, we don't have to have evidence of a prescribed c-pap machine The exam only has to state that a c-pap would benefit the veteran (paraphrasing). So, the same could be true for the language for 7339. I'll ask around in the morning at work, do some research and get a definitive answer for you

This is absolutely correct. Many TBI and PTSD symptoms overlap and it is sometimes impossible for an examiner to separate which symptoms belong to which diagnosis. If they can't, then we as raters are required by law to grant the highest evaluation of the two and provide what is required for the next highest evaluation of both conditions. It is not very common to see an examiner separate symptoms but I have seen it. Usually it is because most of the "minor" symptoms (mild memory loss, concentration issues etc.) of TBI and PTSD are the same and we usually don't see severe cases of TBI where more severe symptoms do not overlap with PTSD.

You're welcome. Evidence of a chronic condition and evidence showing that it is at least as likely as not that the condition manifested during service is crucial when it comes to any claimed condition, especially musculoskeletal conditions. Our job as raters when we initially get the claim is to make sure the claim was developed correctly and to review all evidence that is required to make a fair determination. If we get a claim, review all pertinent evidence in the file and there is no mention or evidence of a claimed condition in the service treatment records and the C&P/private physician examiner did not give a current diagnosis, our hands are basically tied. However, there are exceptions that apply to specific cases. If you were a paratrooper or your service file documented multiple jumps then we could service connect a related, musculoskeletal condition that was first diagnosed after service with no mention of it in the service treatment records. I think its up to a year after service (I'd have to check the manual). I only work pre-discharge claims and I haven't come across that situation for some time. I don't know your full situation, but please note... When you receive compensation for this claim, If you ever get activated again, you will have to notify VA so we can stop payments. Be mindful that more likely than not, the stop payment won't process until after you're back on active duty and there will be an over payment and VA will withhold any over payment from future compensation awards after your final discharge. Also, I would encourage you not to wait to file a claim for any disability regardless of whether or not you think will get better. The sooner you file your claim after service, the better. A lot of conditions are deemed "chronic" if they manifested up to a year after discharge. Sorry for the long response and I hope I didn't ramble or get off topic. If you have any questions, don't hesitate to ask. If I don't know the answer myself, I have access to a ton of resources and can get you an answer.

I looked at your exam and quickly rated it. It looks like you should expect 40% overall. 10 for skin, 10 for right ankle, 10 for left ankle and 20 for thoracolumbar spine. Unless this is a pre-discharge claim, the knee condition will probably be denied because there was no mention of treatment in service. BTW, I'm a rating specialist at VA.