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DivComms

Seaman
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  1. So it looks like you are both in different mindsets. He is trying to help you establish service connection (SC) [no connection no rating] and you are trying to establish a rating. Without that SC it would not matter if you rated 100%. So it would be kinda a waste to have you go to a C&P if you can't establish SC. From what it sounds like he looked at what you sent him? and he said it was not sufficient. As such, you are likely not having an exam - till your medical record is more in order.
  2. Been rated for 2 years for most of my conditions. Recently got two conditions that were previously denied service connected. Mid 30s. My conditions have remain static at least in my eyes for the past decade. Thanks. You did help me understand the idea of permanent. So me getting increases really wouldn't matter unless those increases were to show that my conditions had become permanent.
  3. I'm currently rated 100%. However, I am not P&T. I was wondering if it made sense to seek increases in some of my conditions to see if that would cause my rating to turn P&T or to wait it out a few more years? I recently had my 2 year evaluation and the only thing they checked was my back condition and my rating (40%) was maintained. Do note that I am confident in my 100% rating and would not be worried about it being reduced.
  4. Glad to have helped. If you still have any uncertainty, do feel free to ask for further assistance.
  5. To clarify points: In the case of pyramiding, you will receive the highest rating of the bunch. For instance say you have 3 conditions that are similar in nature (as Navy04 stated). Respectively say they are rated at 30%, 20%, and 20%. You will only get the highest, which will be 30%. If say in future the condition rated at 30% improves so it get lowered to 10% then the highest rating takes over, in this case 20%. But it also works the other way, so if one of those 20%s got rated higher, then the rating would become it.
  6. I am not sure what you mean by "lost PTSD in 2011" are you referring to a claim in which you were trying to get PTSD service connected? In any event that does not matter since you can only have one Mental Health rating be it PTSD, depression, etc. Even if say you do independently have more than one diagnosed mental health disorder it does not matter as far as rating purposes are concerned. As far as them making such a big deal about it, who knows. As far as it bouncing around on Ebennys. I would recommend you just ignore it as it is a source of anxiety for a lot of people. If the VA needs more information from you they will get in contact with you, so no need to continue keep checking its status.
  7. While I never had this exact case happen, it does sounds appropriate. It makes sense that if they were swamped with a backlog that they would contact you when there was openings. Remember, they only get payed AFTER they conduct a C&P so it is within their best interests to be as quick as possible in getting you in to be seen. All of my C&Ps have been done by contractors and my experience has always been that they call me and ask when would be best for me to see them (usually within a 2 week window). I guess the VA recently started to send letters to people letting them know they are up for C&Ps, which it would seem is causing more frustration and worry than what they perhaps desired. My advice is to wait it out (whats a few more weeks in the scheme of the VA) and when they have openings they will call you and get the ball rolling.
  8. Regarding your contention of wanting a separate individual ratings of shin splints. What you wanted would result in a case of pyramiding, being rated twice for the same symptoms. Shin splints are rated on how they affect your knee or ankle, seeing as your arthritis of the knee covers that already it would be double dipping. The reason why they added shin splints is that they agreed it was service connected. If your shin splints made/make your knee worse then that is taken into account when a rating is given to the arthritis of the knee. " Code 5262: Any problems with the tibia or fibula bones in the lower leg are rated under this code. If there is a complete break in either bone that cannot heal and requires a brace, then it is rated 40%. All other conditions are rated by how they affect the knee or ankle joint. If they cause serious problems (can barely use the joint at all), then it is a 30% rating. If the joints can be used, but the condition significantly limits the amount of activity, then it is rated 20%. If the knee or ankle joint is affected only slightly, then it is rated 10%." Seeing how shin splints tend to be a short term issue, (You can only get rated for things you are suffering from) you would likely get a 0% rating anyway. As far as getting your plantar rated as secondary, you need to find a doctor to review your c file and opine how they believe it is at least likely as not to be related to your service connected knee or other SC issues.
  9. I imagine they could try different therapies and or test various anti's to see if one helps.
  10. Sounds like the good idea fairy is making her rounds again. Hopefully, there will be a review in which feedback is taken into account. Only world in which this change makes sense is if, people are just dinking around when they should be working through a claim. But even then the veteran stands to lose out more than the employee.
  11. I am still active duty (for 2 more weeks) and with the help of a VSO I had filed a BDD (Benefits Delivery at discharge) several months ago. Possible problem I have is that I still have additional claims to make. Now, the original VSO I worked with claimed that she was unable to add things to my claim until that claim is resolved. Now I have spoken to my county VSO and they have told me that she lied to me. However, he warned me that if I tried to add my other claims now that it would essentially restart my claims process so that I would not get any decisions at discharge. Other details: I have had 2 of 3 C&P exams completed already and I will not have the 3rd one completed till after I separate (No ear, nose, throat doctors near me). I am on terminal leave and will be heading cross country to attend college. So I would not remain in the state I am in currently throughout the claims process if I filed the other claims before my separation date. My additional claims relate to other body systems and parts than I currently have claims in for. All in all I would like people's feedback on the following: 1. Should I wait till I at least get a partial decision before I file my remaining claims or should I just go ahead and file them now? I imagine if I filed the rest of my claims now it would fall under Quick Start (1-59 days before separation). I also imagine that filing under Quick Start would make my claims processes shorter than if I had filed after I separated? 1a. I know that if I file within one year of separation that I am entitled to back pay to the date of my separation. But would I then need to worry about getting nexus letters stating my issues are service related even if I filed within that 1 year window? 2. Are there any inherent issues that the vast majority of my "military" medical records are from civilian providers? (My last duty station was very isolated and we could only see civilian doctors. No sick call, I went to the local urgent care, ER, or clinics.)
  12. That does sound odd, especially since you were not made aware/agreed to being recorded. Though could it have come from sessions outside of your C&P exam that were made available? I imagine that it would not do a whole lot for or against you in the case of rating. I imagine that raters would much rather look over a DBQ or notes than listen to an hour plus long session.
  13. Looks to me that they are being instructed to clarify their opinion or see if their opinion changes based on any additional medical evidence found and reviewed. It is not a necessarily a bad thing, just that the VA is poking around for well a clearer picture so you can be rated correctly. Like say the guy who did the C&P forgot to say examine your flat feet and the DR. left that section in their report blank or incomplete. So the VA might ask that DR. to clarify what they wrote (their medical opinion) or did not write.
  14. Do you have no chance at any kind of back pay if those old claims panned out?
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