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Second Class Petty Officers
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About Patton

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    E-4 Petty Officer 3rd Class

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  • Service Connected Disability
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  1. I truly understand that they are overworked and things gets overlooked, but they do have a checks and balances. That is how they found the mistake with my appeal. I can wait for them to get it right, but there are so many out there who need the assistances now. I believe that the system needs to be more streamline, but it all starts with common senses.
  2. Thanks Berta! I am not related to George (I wish I was, LOL). The Benefits Delivery at Discharge (BDD) said that they see that I was treated for it (Plantar Fasciitis) in service and still being treated for it by the VA. All the Contractor had to do was check the condition (pain) of my feet. The Military / VA had already documented the condition and the VA had done new X-Rays 2 months before the C&P Exam. I first filed for Plantar Fasciitis back in June of 2015. I should get a good backpay check from this. Inadequacy is normal operation and there is no accountability.
  3. I have used VA Form 21-4138 (STATEMENT IN SUPPORT OF CLAIM). You can also do a sworn statement. Include a statement like: Pursuant to 28 U.S.C. 1746, I, INSERT NAME, declare under penalty of perjury that the foregoing is true and correct: I have seen other statements but it basically needs to say that you are not lying under oath.
  4. It should be included in your C-File when you get it. I had requested my C-File before going to a C&P Exam with LHI. When I got a copy of my C-File it was included. I had requested a copy of the C&P results from LHI, but never received a copy from them.
  5. Thanks Vetquest! I may have to go down that road one day. Right now I have an appeal depending because the RO said that I missed an C&P Exam and denied my appeal. Then the VA reopened my appeal (I guess they found my C&P results). It sound like the PA did not get the information they were requesting, so they are starting over.
  6. I have not found a Lawyer that will take my case. Most of the time I don't even get a call back or if they do, they would state that they don't handle that kind of case. What they are really saying is that there is not enough money in it for them! I have gone thru 3 VSO before finding a DAV office that was any help. Gregg and Ed has been great with helping me putting my claims / appeals together. I have won every claim / appeal since working with them. I have never had an appeal go to the BVA and really don't want to go down that path, but if it came to that, I am sure they would be there for me. It has taken a lot of work on my part, but this DAV office has pointed me in the right direction. There are some great VSO's out there, finding one that can take the time to help is key. I found this office thru networking with other Veterans. Best of Luck!
  7. I opted into the RAMP and when I got my decision letter, they backed paid me one year before my initial claim (the date that the VA diagnosis me with the condition). Now I was denied for one condition and they reopened it (they found a mistake on my C&P Exam). They changed that date to February 2019, but my initial claim was June 2015. eBenefits shows an completion date Feb 2020 thru Mar 2021. It will be interesting to see if they will back pay me back to my initial claim. When I talked to BDD it sounds like the VA can see that I had the condition in service and the VA is still treating me for the same condition. VES did not answer the questions that the VA was asking for on the DBQ. So I guess I will have another C&P Exam.
  8. Right now I weigh 190 at 5'10" and they say that I should weigh 175 pounds. I don't know why I don't weigh a lot more. I am still working but at a desk. I have ankle, knees, hip and back issues that makes it hard to even walk sometimes. It is depressing that I can not be more active.
  9. Oh, I can see that happening but I have read VA court cases in which the Doctor stated that the Veterans weigh problem was directly related to OSA / Medication / etc... With that statement the Veteran won their appeal. So it would be interesting see if they can get it passed. My BMI is between 27 and 29 so if I could lose 10 to 20 pounds, I would be at the weigh they think I should be at. By the way the Doctor that is stating my Sleep Apnea is due to my weigh is obese. So, he had a lot of room to talk.
  10. I really don't understand why the VA don't want to understand that my weigh gain is from my lack of sleep and chronic pain. It is hard to be motivated to exercise when you are a walking zombie with chronic pain. The funny part of this is that when they tell me no, it pushes me to prove them wrong. I can see a lot more sleepless nights in my future, until I do so.
  11. I do need to look at the Medication that the Military and the VA had / has me on. Thanks Buck!
  12. Thanks Buck52 - The VA said that I require a C-PAP, noting that I had 30.4 Apneas per hour. The VA also stated that my Sleep Apnea is caused by my weigh (190 pounds at 5'10") but I am not buying it. I had issues long before I started gaining weigh, but they won't listen. Hopefully now that I have to use a Private Doctor, I can get down to the route of the problem. I have just ordered a new copy of my C-File, I should receive it in a couple of months. I would like to have it along with my VA and Military records to take to the Doctor and hopefully they will give an opinion. I am finding that the German Doctors are more open to give an opinion even when it deals with the VA.
  13. Thanks for the information Doc25 - I will read the PDF's, it looks like a lot of good information. Max Hirshkowitz, is a VA Doctor who has done a lot of Psychiatric Disorders and Sleep Apnea. I have seen his name on a lot of research on the subject. I have been denied twice also, but I was trying to directly service connect OSA. I truly believe that I had OSA in service but in the 1980's OSA was unheard of. So I am going the Secondary route this time and hopefully I can find a Doctor to back it up. I will bring the documentation with me to the Doctor and maybe he/she will use some of it.
  14. Thanks vetquest - 80% - I also have one appeal pending for Plantar fasciitis. Thanks doc25 - I have started working on my next claim for IBS and Sleep Apnea. IBS should be straight forward, as it is documented in my Military records and I am still being treated for it now that I am going to a Private Doctor. The VA had me on Meds for it but would not diagnosis it. Sleep Apnea is going to be a fight because I was not diagnosis with it until the VA MH sent me to a Sleep Study. I am looking for a Doctor that will review all my Medical Records and then give a opinion but it is hard since I am in Germany. I have researched the information you have gave me in another post and believe GERD's is at least part of the cause for my Sleep Apnea. I am also service connected for anxiety, depression and insomnia. BDD (Benefits Delivery at Discharge) has reviewed my records and stated that I should also look at URI (Upper respiratory infection). He said that I should try to go to the American Sleep Center in Frankfurt but have not been able to contact them yet. If I can get service connected for both of these plus the Plantar Fasciitis, I should be very close to 100%. Thanks for all your help!
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