vetquest

Just make sure that in your C&P notes that you are using topical cream every day and why.

Whether you get your medication from the VA or a private doctor it should make no difference.

If I were to read your letter correctly I would say you have a systemic and a topical therapy going. Unfortunately the VA might not count pain medication as systemic therapy. I use pain medications and the first rater who noted I took them called me an addict. You might be able to declare nortriptyline as systemic therapy but it is an antidepressant, not a skin treatment per se. Right now you can only wait and see what they do. Once you have a decision let us know which side of the fence they chose to sit on.

I cannot prove it but I would swear that some cases go from the top to the bottom of the stack because they require the rater to actually think. I had a doctor declare my protected rating not service connected so the rater stated I was not disabled because my disability was not service connected. No formal procedures to invalidate the rating were ever followed. It was a two years before that mess was straightened out.

Please find out now what your last date to file an NOD is. If you are still within that date you are good, just make sure your NOD is filed and delivered to the VA by the time that date expires. Broncovet is correct that you cannot hurt yourself by speaking to a qualified VA lawyer. They will usually get what evidence you have and tell you upfront if they will represent you. I just cannot tell you enough how important your NOD date is. My case was closed when a VSO did not file my NOD by that date and I would have lost all back pay I would have received. Fortunately at that time you could file anything and it was considered an NOD and I had filed an answer and challenge to an SOC. Request TDIU in your appeal also. If you need help with your NOD ask and someone here should be able to give you some advice.

OK, I looked at some cases including DeLuca v. Brown, 8 Vet. App. 202 (1995). This case relates to pain but it is where pain influences movements of the joint. Veterans not been able to get any rating for pain at this time according to what one law firm states. This is a sad fact. That said I would ask for TDIU, the doctor has said this specific wound influences his ability to work. I would hope the other DBQ's state this too. I would also request an increase for some of your wounds in a NOD.

Hello gbat. Please keep us posted on what happens. If your claim is denied please post a redacted copy so you can be helped.

I believe IMO's are gold in the VA process. While I have had little luck with the RO I have had great luck with BVA. I was service connected for a neuropathy twenty five years after the fact when a doctor wrote an IMO that showed a nexus with injuries I suffered in the military. He cited contemporary literature. I provided a letter from the Secretary of the VA that stated the my injuries could cause neurological consequences. A good doctor that knows how to write what the VA needs to service connect is well worth it.

176 yards. I knew some VA employees were lazy but I never guessed it was that bad.

It looks like they will give 10% because they say mild disability. I would try to show that there is consistent pain and that it is stated that this injury would interfere with employment. I am looking at some decisions to see if there is anything specific to pain.

Is it possible you can post the remand? Redacted of course. It sounds interesting and there are some folks here with a lot of knowledge.

Wait for the SSOC and see what they say. Some good news is that cases at the BVA are supposed to be handled as of the Document date. Once it returns to BVA it can still be remanded again as mine was but it got handled quickly.

Thanks for correcting me Buck.

My original claim was being handled by a good VSO but was sabotaged by his death the day before my claim was adjudicated. I walked in and was met by a new VSO who said, what the hell do this all mean? He was annoyed that he had drawn the short straw and had to represent me cold. I lost horribly and was awarded 0%. A VSO did not file an NOD in a timely manner and then said my case was over. I was lucky in that I had filed a brief and after much research found that at that time and the VA considered any brief as an NOD. A lawyer told me that "You got TDIU so end your case, you are taking the place of another veteran who needs their case heard". I was awarded 100% P&T and SMC when I did not take his recommendation. This beginning of this post should be a permanent thread.

As Broncovet, a more learned associate than I has pointed out we cannot answer for sure what your effective date will be. I myself am currently fighting an EED claim for SMC dating back ten years. The VA awarded TDIU back ten years that my case was being decided but they awarded SMC to the date of their decision. I do believe that the VA is not in the business of working fully in the best interest of the veteran though.

In my opinion if you are already rated as a strong 100% I would not file all of the claims at once. Sometimes if everything is filed at once everything gets denied as is looks like you are trying to use a shotgun to cover the gamut and see if one sticks. You can make a hobby of being a thorn in the VA's side.

You may receive backpay to 2012 if you have had an active claim since 2012. Your claim must remain active ie a denial and an NOD and then the claim goes to BVA and never closes. Unfortunately the VA has a habit of making your effective date the date of your exam or decision. In this case you must file an EED (earlier effective date) claim. Sometimes you need an IMO (independent medical opinion) for this and it is advised. IMO's can be expensive and are required to be payed up front most times. I would wait to see how this shakes out before you start worrying about an EED claim though.

It looks to me like your case is being finished up at the RO and the BVA is looking for the RO's SSOC before they proceed.

An IMO won an impossible case for me. I contended that the heat stroke I suffered caused my neuropathy, this was denied in toto by the VA even though a letter by the Secretary of the VA noted that a heat stroke could cause neurological complications. The doctor who wrote my IMO said all of the right things, including that contemporary medical literature supported this contention. And it only cost me $1500 from a local doctor.

Hello Sir, Just want to say that you do not want to give up too easily. The VA will give you plenty of reason to give up, a lot of veterans do and do not get the benefits they deserve. I was discharged out of service as convenience of the government for a disability that was not considered a disability, a real catch-22. I was denied benefits outright when I first applied. I was retired five years after I was separated from service after fighting with the Board of Correction of Naval records, the VA at that point rated me at 50%. I worked for twenty-five years before I lost my job to my disability and it took ten years from then to reach 100%. You really need to look at fighting the VA as a hobby, or else it might drive you crazy. Stay the course and don't let the jerks get you down.

Good point brokensoldier. The VA is strict about that stuff.

Definitely appeal the existing claim, that way you keep your claim date. Make it clear in the appeal that you are claiming the hypertension secondary to PTSD. Posting your denial will also help the community help you. Just remove your name and SSN.

Gee Whiz, what do you think the VA is, a medical hospital? It is pretty messed up that they actually told you that you couldn't make an appointment. Did they at least give you a follow up appointment after the visit to the ER? One of my ER visits at the VA I was semi comatose and they put me on a gurney in the hallway for about two hours before I saw a doctor. At least they gave me a follow up appointment. I would push for a follow up if they did not give you one.

You can get the caluza triangle of current back problems at a C&P. I agree with TBird that we need to see the denials. Remove your name and ID and post them please.

They are killing you with 10% ratings. In VA math you need some higher ratings on the bilateral conditions. An extra 20% bilateral brings you to 89% which is 90%. I would think about filing for an increase on the pain syndrome. I would also request TDIU at this point. TDIU pays at the 100% rating. If they do not give you TDIU make sure that you file an NOD on your case.