Patton

August 26, 2019

@vetquest as always great advice! I wish I could have saved more of mine, but it went to Medical bills.

@jefmil50 Looking at your rating in you signature, how did you go about getting rated for hypersomnolence associated with Insomnia? I filed for Sleep Apnea secondary to Insomnia and it was denied. I truly believe my Service-Connected Insomnia is at least part of the cause for my Sleep Apnea. They have my Insomnia listed as a MH disability. I don't want to highjack this post, so if you could message me, it would be great to receive any insight.

Thanks,

Patton

GBArmy · August 26, 2019

AnacortesB, Welcome to Hadit.com!

If I remember right, it took about 2 weeks before I got my back pay from an Appeal. Now if they remanded it, then it would take longer, because it has to go back to the Regional Office (RO) before it is awarded. Pay should take affect on your next check. You can check eBenefits to see if they have paid it out. You should get your letter in about 10 days from the award also.

August 24, 2019

Rallen,

I failed a number of times before learning how to successfully submit a claim. The key is to educate yourself and never give up. You have taken the first step in being successful. I am still fighting the battle but one day I will win the battle.

Best of luck,

Patton

GeekySquid · August 24, 2019

I had this happen once before. I called VES (the Contractor) and asked them to resend my DBQ to the VA. Then I called the VA, stating that I had made the appointment and that VES stated that they would resend my DBQ. The VA stated that the Contractor did not address the questions that the Rater had. Three days later my claim was reopened, so now I am waiting for a new C&P Exam.

August 24, 2019

You should hear something very soon. You should be able to check eBenefits to see what they gave you once a decision is made.

GBArmy · August 23, 2019

Welcome to Hadit.com Robert Jones,

I did a google search on JP4 and health issues. I found the attached research from https://apps.dtic.mil/ on the subject. GBArmy is correct, if it is not in your Service Treatment Records (STR), then you will need to get an IMO from a Doctor to connect your current condition with a condition/event during service.

Below is something I had put together to help another Veteran:

Make sure you have a copy of your Service Treatment Record, you can order a copy from here: https://www.archives.gov/veterans/military-service-records/medical-records.html

You may need a copy of your Service Records also and you can order a copy from: https://www.archives.gov/veterans/military-service-records

While you are waiting on your records, go to the Doctor to show that you are still being treated for the condition. After receiving your records, go though it and make a copy of anything on this condition. Get a copy of Medical records after Service and make a copy of them also. Go to the 38 CFR here:https://www.benefits.va.gov/warms/bookc.asp#i The 38 CFR shows you how they rate a disability. The Disability Benefits Questionnaire (DBQ) is a form that a Doctor fills out during your Compensation and Pension Exam (C&P Exam) which can be found here: https://www.va.gov/vaforms/search_action.asp?FormNo=&tkey=DBQ&Action=Search Both of these links has good information on what they are looking for.

Then you will need to write a Statement in Support of Claim (VA Form 21-4138). In this statement include a what happen and a timeline of treatment for that condition (attach the copy of your medical records that you made a copy of and referred to them in your statement). You also need to include how this affects your daily life and work.

I would have somebody else read your packet, to ensure that it makes sense and easy to follow. If you have not done so yet, setup a eBenefits account at: https://www.ebenefits.va.gov/ebenefits/homepage You can apply for benefits here or you can find a local Veterans Service Organization (VSO) to submit your packet for you. If you submit it thru eBenefits, it will ask you about submitting a claim for PTSD. A PTSD claim is a lot of work and I would research it before applying. eBenefit will walk you thru the whole process to include VA Form 21-526EZ. If you go thru a VSO, make sure you find one that you feel comfortable with. There are good and bad ones out there. If you do go thru a VSO, they should review all your Medical records, and help you apply for everything that they feel as though is service connected. Also bring any after service Medical records with you as there maybe secondary conditions that you could claim.

Make sure that you keep a copy of everything you do, as you will need them someday.

I hope this information is helpful and if you have any questions, please feel free to ask.

KEROSENE-BASED JET FUEL HEALTH EFFECTS.pdf

August 17, 2019

8 hours ago, Jonathan AF said:

Just heard from attorney's office:

"Jonathan: I had my meeting with Mr. Carpenter earlier this morning, he reviewed your information and determined he is willing to represent you. I then checked my e-mail and received your Rating Decision. We are sending you forms to complete, including the fee contract, this will probably be mailed out to you sometime next week. Are you agreeable to proceeding with us? If so, we will also wait for you to e-mail the doctor's opinion letter.

Cordially,

Catherine"

That is great news! Best of luck!

August 17, 2019

Buck is correct and I would like to add that when I have used a IMO in the past, the Doctor included Medical research documentation to back up his finding. Attached is one that Dr. Burgest did for me for an increase for GERD. The VA approved my increase without a new C&P Exam. He also included my Medical Records backing up his opinion.

Page 3-10 GERD Increse-DBQ.pdf

August 16, 2019

I had my Doctors appointment today and he said that he will write a IMO. He still want to read more of my records, but he said that the Meds the VA has me on, more than likely caused my weight gain which in turn caused my Sleep Apnea. We also talked about GERD and Insomnia. He is also going to do another sleep study, to see if he can help me with some of my sleep issues. Hopefully he will have the IMO done in 2 weeks, when I see him for the sleep study.

RBrogen · August 15, 2019

4 hours ago, RBrogen said:

I have no idea why they calculate the bilateral factor differently

VA math, I am not sure how they came up with 3.5% but my bilateral factor also included secondary conditions. The sad part is at 80% I still need another 110% to reach 100% and that is going to be very hard to do. I will get there but it is going to take a lot more work. I should have started this years ago, when my Brother-in-Law had told me that I needed to file.

August 14, 2019

Here is mine:

40% from 05/20/2014
60% from 08/11/2016 (Bilateral factor of 3.5 Percent for diagnostic codes 5271, 5257, 8520)
70% from 06/08/2017 (Bilateral factor of 3.5 Percent for diagnostic codes 5271, 5257, 8520)

I am at 80% now, but this is what it said after receiving my C-File in 2017.

August 14, 2019

It is but when they add the VA math it comes out to 6.3%. You are lucky I only got 3.5%

August 14, 2019

12 minutes ago, Jonathan AF said:

Awesome! I hope it gets approved. I just had an appointment with my sleep dr that diagnosed my OSA. He said he would write a nexus letter that my ptsd caused insomnia, and that insomnia causes or worsens OSA. I am also using Law Offices of Carpenter Chartered as my attorney to represent me for my appeal.

This year, they added Insomnia to my Depression/ Anxiety (they would not call it PTSD in my case). It did not raise my rating (30%) but now it is SC. I have a feeling that he will look at Upper Respiratory Infection (URI) or GERD as the cause of my OSA. The Depression/ Anxiety/Insomnia is also an option, because the Medication they put you on to lack of motivation which all can cause weight gain. The VA still believes that OSA is caused by being overweight which is not true. So if your BMI is more than 25, use it, as it maybe the golden ticket.

Best of luck and keep me posted on the outcome!

August 13, 2019

That is great news. Hopefully you have better luck than I did.

I have wrote the BDD, in hopes they can help me locally. I know that they have full access to my records, as they have printed things out for me in the past. So let's see what happens.

August 12, 2019

Not unless you have something to add to your Claim. You are just saying to make a decision.

vetquest · August 11, 2019

Welcome to Hadit.com BattleBacon 1775!

Since you was seen during service, you should be able to claim it.

Make sure you have a copy of your Service Treatment Record, you can order a copy from here: https://www.archives.gov/veterans/military-service-records/medical-records.html

You may need a copy of your Service Records also and you can order a copy from: https://www.archives.gov/veterans/military-service-records

While you are waiting on your records, go to the Doctor to show that you are still being treated for the condition. After receiving your records, go though it and make a copy of anything on this condition. Get a copy of Medical records after Service and make a copy of them also. Go to the 38 CFR here:https://www.benefits.va.gov/warms/bookc.asp#i The 38 CFR shows you how they rate a disability. The Disability Benefits Questionnaire (DBQ) is a form that a Doctor fills out during your Compensation and Pension Exam (C&P Exam) which can be found here: https://www.va.gov/vaforms/search_action.asp?FormNo=&tkey=DBQ&Action=Search Both of these links has good information on what they are looking for.

Then you will need to write a Statement in Support of Claim (VA Form 21-4138). In this statement include a what happen and a timeline of treatment for that condition (attach the copy of your medical records that you made a copy of and referred to them in your statement). You also need to include how this affects your daily life and work.

I would have somebody else read your packet, to ensure that it makes sense and easy to follow. If you have not done so yet, setup a eBenefits account at: https://www.ebenefits.va.gov/ebenefits/homepage You can apply for benefits here or you can find a local Veterans Service Organization (VSO) to submit your packet for you. If you submit it thru eBenefits, it will ask you about submitting a claim for PTSD. A PTSD claim is a lot of work and I would research it before applying. eBenefit will walk you thru the whole process to include VA Form 21-526EZ. If you go thru a VSO, make sure you find one that you feel comfortable with. There are good and bad ones out there. If you do go thru a VSO, they should review all your Medical records, and help you apply for everything that they feel as though is service connected. Also bring any after service Medical records with you as there maybe secondary conditions that you could claim.

Make sure that you keep a copy of everything you do, as you will need them someday.

I hope this information is helpful and if you have any questions, please feel free to ask.

RBrogen · August 11, 2019

@asknod - Yesterday I read about Ex Writs to include information from your website. Which has raised a few questions, that I hope you may be able to answer?

The first step would be to write Records Management. In the letter, I should let them know that if they don't reply with my request, I will file a Ex Writs. There should be a 30 day timeline on this. If they do not reply within that 30 days, file a Ex Writs.
I read on your website (I tried to get back to the post, but could not find it). Somebody had the same issue I have in that they had not received all of their records. In their case, they got to the BVA and the Judge's (I believe) records were 3 times more than the Veteran file. I had this happen during a C&P Exam and want those records. What type of wording would I use, since a standard FOIA wording is not working? Or is there somebody I can call to get my hidden files? Using a different form? ETC...

The VA is collecting information on us Veteran's that they are unwilling to release and this is wrong. How much of this information is misleading in order to deny our claims?

Thanks,

Patton

RBrogen · August 9, 2019

3 minutes ago, RBrogen said:

From my understanding, you can get the information "forcefully" via FOIA/FOIA Appeal/Law Suit in US District court. I have the complaint for the law suit completely filled out so all I would need to do is go to the local US District Court magistrate and file it and it would then have the court order them to release the information in a "short period" of time.

Wow, I never thought I would get this many replies. Sorry for the high jack RBrogen. I just thought that it was related to your post.

I think I would have a problem with a Law Suit, since I work for the U.S. Government in Germany. I am going to do a little more research but I am going to get them to fix the problem.

August 9, 2019

8 hours ago, Berta said:

Me too about 3 weeks ago- Sometimes the IG determines they cannot look into complaints- it all depends on what it is about----

And their web site says to try to do all you can to get the complaint rectified by other means.

I read that too. The problem I have is that the VA has information on me that they are not willing to share with me. Sounds like you are having the same issue. This is just another way for the VA to hold all the cards.

I not sure how to put a case together for this but I will figure it out.

RBrogen · August 9, 2019

8 hours ago, RBrogen said:

Here's how to file OIG Complaint online ... just did one a couple of days ago: https://www.va.gov/oig/hotline/

Thanks RBrogen!

RBrogen · August 9, 2019

@GeekySquid I am on the same wave length. LOL! When somebody try's to miss lead me or tells me I can't do something, I am all out to prove them wrong.

August 9, 2019

1 hour ago, GeekySquid said:

This is a decided problem.

This is also an FOIA and I think a complaint to the OIG.

If you had gotten out 30 years ago and never gotten your c-file that would be one thing.

But I have to assume that the previous c-file was complete and it is just the files since then that are missing.

If I were you one thing I would definitely do is download your entire blue button medical record from Healthy Vet.

I would include that PDF file and all the X-rays, test results etc, in your complaint and I would appeal the denial and upload that entire file PLUS the direct excerpts from it that relate to your claim.

What this does is makes sure all your current VAMC records will be associated to your claims file.

Please note that Blue Button only holds 3 years of records. EVERY veteran should be downloading a copy at least every year. I do mine every month. Getting those older records are a nightmare, and in your case for some reason you are not having your files associated to your C-File.

I suspect some other Veteran is getting those files mixed in with theirs.

By some chance do you have a common last name? that might be a contributing factor.

This situation definitely needs an OIG investigation.

Thanks for the information! This is very helpful. Patton is my last name, which there is a few of us out here but I would not say it is a common last name.

I need to look closer at my old C-File, but I do know that not all of my STR are there. Then there are multiple copies of other things in the file. Something has just dawn on me, when I filed for GERD, I could not find the results from an upper GI done during service, but the C&P Examiner did. I just looked and it is not in my C-File they sent me in 2017.

I will look into how to file an OIG Investigation, because I am done playing games. In the past I have tried to get things corrected (thru FOIA) in my Healthy Vet with no results. Maybe I can bring that up again with the OIG.

It looks like I have a lot of work in front of me.

I will google OIG but do you have a link for them?

NoZZZ's · August 9, 2019

Showing the NEXUS between a Service Connected condition and the secondary condition is key.

A direct Service Connection will be a lot harder to win just because you have been out for many years. You will also have to show that you have been treated for the condition since you got out. Age is not suppose to come into play but it does. They will look at what type of work you have been doing since you got out. Then say that your past / current position is the cause of your condition.

August 9, 2019

Thanks for the reply GreekySquid!

I got out in 1990. I did get a copy of my C-File in 2017 and had many VA appointments since then. In 2018, I went from 40% to 80% and none of that was included either.

The sad part of this is that my Plantar Fasciitis claim should be straight forward. It is on my problem list in my STR, VA and Private Doctor records. My Private Doctor wrote a NEXUS and completed a DBQ. The VA has given me shots in the bottom of my feet and issued me inserts but it has not resolve my problems. I would really like to find out why they are still denying my claim.

August 9, 2019

Yesterday, I received yet another disappointment from the VA. I had requested my C-File but what I got was 21 pages of it and 6 of those pages were me requesting it. There is 1 page showing that they had requested VES to conduct my C&P Exam, but nothing else. No DBQ showing why they denied my claim. Also, there is nothing in it as to why the reviewer reopened the claim? I had called them after it was reopened, but all they would tell me was that the Examiner did not collected the requested information they needed to resolve my claim. That is telling me that there is a paper trail on it. It took them 6 months to send me useless information.

Now if I would have the one year to file my appeal, I would not be armed with the information needed to address the issues in the denial. By the way, I never received the denial letter either. This is not acceptable!

I guess I am going to have to call them tonight (morning in the U.S.). I am not sure what I am going to say yet, but something needs to be done about this.

RBrogen - hopefully you can get your issue resolved.

Sorry for the rant!

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