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HadIt.com Anniversary 24 years on Jan 20, 2021 ×
HadIt.com Anniversary 24 years on Jan 20, 2021

mrstephens11

Third Class Petty Officers
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Everything posted by mrstephens11

  1. No. There is nothing that would SC as a secondary. Oh well it was worth looking into. Thanks for the information.
  2. Thank you Berta. I read those pages on the VA's site. Aren't those the presumed items? If the doctor thinks it's related then is there a chance I can still get it SC'd?
  3. Hello, Recently my father was service connected for exposure to agent orange. I was recently diagnosed with bicuspid heart valve. I was thinking about trying to get this service connected via agent orange, as no one in my family tree has had a bicuspid valve. My questions are: 1. What does the VA need from my father's c-file to link me to being a child of a veteran that was exposed to agent orange? 2. I will find a private doctor to fill out the DBQ and have them say "at least as likely as not" and that they have reviewed my complete c-file, but what about medical evidenc
  4. I don't have information about the PTSD claim. However, I would like to offer some advice on the job front. I work in IT as well and was informed of the Americans with Disabilities Act by my VA neurologist. The ADA is the goverment's way of forcing companies to make reasonable work accommodations for people with disabilities. If you work in IT then I grantee you that your Human Resources Department already has a template and intrusions already drafted. They are accustom to people asking for reasonable work accommodations. What is a reasonable work accommodation? You said you need sl
  5. I haven't gotten the cart before that horse. The DBQ is for headaches/occipital neuralgia due to my knee giving out and causing me to fall down stairs. The board certified neurologist states in the DBQ, "My medical impression is that these occipital neuralgia headaches are due to his left service connected knee." So there is the Nexus, no? Should I have her change the word impression to opinion?
  6. The occipital neuralgia hasn't been service connected. I'm hoping that this DBQ will service connect it, I haven't filed yet. I'm filing next week.
  7. Please give me your opinion on how this headache DBQ is filled out. This was done by a board certified neurologist. My left knee is is rated at 10% for limitation of flexion. There are STRs that state my knee gave out in service. I have current medical records that also state my knee goes out. I'm also going to claim knee instability (I didn't know about this when I filed the first time.) I have a work accommodation forms filled out by my VA PC and Neurologist that state I need to leave work, not show up, and be allowed to complete my work on nights and weekends. The forms also state th
  8. EED means effective date? If so then yes, the 2015 claim was retro awarded to 2005 when I was discharged. Yes, I claimed hemorrhoids and right knee in the 2005 claim.
  9. Let me try to list this out in order. Sorry if I'm not being clear. In 2005 after my discharge from 2003 - 2005, I filed a claim with in one year of my discharge for the hemorrhoids and bilateral chondromalacia. In 2007 I went to the VA to ask about my claim because I didn't hear anything. I was told I didn't have a claim. So I filed again for every thing that I filed for the first time with some STR documents I brought with me. I never heard anything back and this claim is not in my C-file. In 2015 at my Father's behest, I filed again. This time I took my copies of the
  10. To add to this I have a record that they do not have yet. It talks about my knees giving out. I didn't add it because I didn't know about the instability diagnostic code. Should I reopen and add that record and claim an inferred claim for instability? I hate how complicated this all is. Just when you think you are getting a grasp on it, you realized there is so much more to learn.
  11. Yes, I got my c-file after my 2015 claim and I printed and sorted it. I then went through the records that I copied the day or two before my discharge. There are more than a few records I have that weren't in my c-file. They are all from my active service time frame. When I filed my claim in 2005 & 2007, (which they claimed I never did) I put some of my supporting records in the claim. Then in 2015, I filed again with some different records I guess? For that claim they got most of it right and back dated to the claim in 2005, only because I kept records of the 2005 claim and added it
  12. Yes, I have two issues with the way this played out. One is that the effective dates for both the hemorrhoids and chondromalacia right knee are wrong, since I gave them new evidence from Service Treatment Records. The other issue is the fact that I feel I should have been rated for painful motion for both flexion and extension. The VA didn't say which diagnostic code they used for rating the painful motion and since both flexion and extension have painful motion, I feel I should be rated at 10% for both. How should I proceed?
  13. It was refunded retro actively and all interest paid on it is going to the loan's bottom line!
  14. But what about "38 CFR 3.103 - Procedural due process and appellate rights " 38 CFR 4.59 doesn't specify the whole joint. In fact it says: Since 5260 and 5261 are different disabilities/pathology doesn't painful motion apply to each of these independently? And yes 5257 does apply to my knees, they give out from time to time.
  15. Based on what Berta has said about "Go CUE yourself" (asking the VA to file a CUE on their behalf during your appeals period), I have drafted this request. Please let me know what you think.
  16. I have a question about painful motion of the knee. I know that both 5260 limitation of flexion and 5261 limitation of extension can both be granted for one knee and not considered pyramiding. However, I just got a 10% rating for painful motion of the knee. They didn't say if it was for flexion or extension. Does the painful motion of joint in 38 CFR 4.59 only allow for one rating of the joint? I would think that since both flexion and extension are rated differently that I should be getting 10% for both since my C&P exam states that it was noted on both. Should I NOD, CUE, or a
  17. So all three of my CUEs where denied. All three of my CUEs where for denied service connection due to lack of evidence in my record. I had STR evidence that wasn't in my C-File and I attached it for all three of the CUEs when I filed them. The VA took this as an opportunity to reopen my claims. I was awarded 20% for hemorrhoids, 10% for painful motion of knee, and denied hearing loss because they said I hear fine. The two effective dates are the date that I submitted the CUEs. Here is what the RDL (ratings decision letter) said. I believe, that by entering the STR from the n
  18. I'm going to throw this in my CUE as well. It talks about case law that says they have to help my find claims based on the evidence. VA has a duty to fully and sympathetically develop a Veteran's claim to its optimum. Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998). This duty requires VA to "determine all potential claims raised by the evidence, applying all relevant laws and regulations," Roberson v. West, 251 F.3d 1378, 1384 (Fed. Cir. 2001), and extends to giving a sympathetic reading to all pro se pleadings of record. Szemraj v. Principi, 357 F.3d 1370, 1373 (Fed. Cir. 2004).
  19. I found this at https://www.law.cornell.edu/uscode/text/38/5103A That looks like a CUE to me. I'm going to try it along with another one. This is on a decade old claim so I can't NOD. Cheers, Stephens
  20. If I claimed to be rated for chondromalcia(knee) and I'm given a rating for flexion limitation and the VA didn't give me a rating for instability, but my knee does give out. Is it a CUE that they didn't try to give me a rating for instability? I have evidence of falling from my knee giving out in service and since then. Can some one cite some case law that would apply to them not giving me a rating even though I didn't exactly claim it? Thank you, Mike
  21. Fixed it: https://www.google.com/search?client=safari&rls=en-us&ei=-eRpWuHAB4K2sAXP04CoAw&q=site%3Acommunity.hadit.com+"cue"+OR+"clear+and+unmistakable+error"&oq=site%3Acommunity.hadit.com+"cue"+OR+"clear+and+unmistakable+error"&gs_l=psy-ab.3...4910.6678.0.7013.2.2.0.0.0.0.58.105.2.2.0....0...1.1.64.psy-ab..0.0.0....0.GlQvP-MdKoA
  22. I will put the CUE information up when I get the BBE. I know I want to CUE the effective dates. Is their a SOP for filing a CUE like Berta did in the appeals period? I've read around here and it looks like it's still a new tactic. If someone can point me to the right thread or give me some advice I will make a new thread with how I did it and how it goes. Second question, I have a bilateral condition, 10% and 10%, which should add up to 1.9% with the VA's math. How is that counted in towards my rating? I don't see it in Ebenefits. Is that 1.9% rounded down to 0% or is it rounde
  23. So I checked back after 60 days and after many emails saying that I would get answer in 24 hours, I got a phone call. The load company sent my paper work to the wrong department and told me that I would have to wait another 30-60 days. Seems the loan company is taking a page from the VA's playbook... I'll report back when I know more, Stephens
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