GeekySquid

congressmen and senators are quicker and yell louder.

I disagree with you in theory and reality. We see it all the time. They drag their feet. F.U. the award. hell just refuse to process it and the vet sits for a year or more. I prefer the proactive approach. Call my senator say XX has been remanded to the VARO and they are shuffling their feet. will you help? A couple calls from him or her and your check is deposited. No Writ of Mandamus needed. Whole wait time circumvented. Places VARO Chief on notice you have a Senator in your hip pocket and that is a damn good thing to have. JMO

if you have Amazon Prime, Hulu or Youtube streaming service they are available there... I really liked it and it is one of the few series I occasionally go back and rewatch.

when did this case get originally filed? post a time line of each stage. month year action/level. sadly yes. Unless you get your Senators and Congressmen involved. If you are nasty like me that would have already happened. until your hardship, and I assume you mean financial, is fixed, it applies!!!!!!! bronco is spot on with this. Fill out that timeline for us so we have an idea of how the VA may view the term expeditious. Filing a Writ of Mandamus is not that big a club if you have only been waiting a few years...sounds bad yes, but it is just the reality of the system. I liked the whole franchise, even the tv shows.

WO, Read the new draft quickly (between telling my clients employees that NO YOU CAN"T DO THAT for the 1000th time!!!) and frankly I am happy with the improvement. I cannot do a detailed critique now...it may be later tonight this week. I will say, if you choose to, this doc for the most part can go just like it is. That said it is not as strong and clear as it should be. You started pretty strong (but there are a couple suggestions even here), then around Exhibit 2 or 3 you started to veer off the course in terms of format and direct content. Get the use and position of the Exhibit 1, Exhibit 2, Exhibit 3 consistent in your style and sentence position. the exhibit should be in the first couple of words of each statement. Exhibit 1, page 2 para 3, Line 4 says in part "...blah blah blah..." in a few places you write 'the examiner stated" or such phrases. NO NO NO NO NO. Don't include the wording for hiatal hernia as a law in the way you did. State the Law Name, Code XXXX , contains the conditions analogously represented in Service Treatment Records Exhibit ,1 page 7; Exhibit 2, page 3; Exhibit 4, blah blah blah. Include that law and CODE at the top of your CUE with the other 2 laws. You cited a BVA case, fine, List it at the top after laws, and cite properly. format as otherwise shown. states in part "...blah blah blah...blah blah....blah blah bla..." Your Exhibit List needs a title...List of Exhibits works nifty. In your naming use Exhibit 1(insert em dash(it is the long dash) between the number and title) My first exhibit. Note I would put in the em dash here to show you but the interface won't let me. Tighten it up WO, Tighten it up. NO PERSONAL WORDS. YOU HE THEY nope dont' use them. Don't use "the examiner" nope don't do it. You have a winning CUE, just don't blow it on format and lax writing style. I see you can write, just tighten it up and you good draft will be an amazing CUE that no reasonable reader could fail to agree with.

yes getting SC'd is the first step in all this.

depends on that date sequence of your claims. If you are supplying new and relevant information for a claim decided prior to Feb 2019, if you are allowed to and the VA agrees with you, then you should be able to get your EED. That said VA is having hiccups with the change to AMA and how that affects legacy claims. you might have to fight for an EED this is and was your weak point. snoring is not basis for service connection or proof of SA. What you needed then and need now are Buddy Letters saying "he died in his sleep 50 times an hour" or similar type statements. Add in the IMO, and other stuff, and you "should" be a good candidate to be SC'd for SA.

you mean if you file an appeal? without looking at your other records and that you state that Dr. Bash mentioned one. it is a valid reason. This statement suggests he reviewed your entire record or just the Decision letter? service treatment records this is a decision you have to make as only you have all the data. depends on the new evidence. An IMO from either doctor will go far particularly if they write that that the VA doc said you had it, but VA rater overrode the medical opinion and substituted their own. You have to make these choices I am not trying to influence you either way.

In my opinion, and based only on what you have posted so far, no. I suspect the VA will deny your CUE based on just what we see here. I could be wrong. Dr. Bash, as reported by you, saying he could write a CUE, is somewhat a misleading statement. Not intentionally, just effectively. I Doubt Dr. Bash would declare you have a CUE without a full reading of your entire record and I don't believe you have said he has done that. Based on you posts so far, medium to strong. But I don't believe you have posted your STR's that show what you believe to be the supporting information (maybe I missed them?) you can do that and in some cases it makes sense in others no so much. I have already stated my opinion on getting the IMO or IMO's. it depends on what you can afford and what you feel is right for you. The thing about CUE's is they have to be matter of fact. If you have to explain the claimed cue it makes it harder to win, simply because you can easily border on opinion instead of clear unarguable fact in trying to explain the cue. they literally need to be On XXX date Dr Y say "....blah ..." followed by 38 USC ZZZ.z says in part "...blah blah..." The rating decision does not meet the requirements as stated in law. you can add narrative, but you need to be an organized, compelling writer and most people aren't. I know you want to get this done, make the best decision and do it as cheaply as possible. You have to decide if the IMO is your best route, and then which one. I cannot tell you that as this is not about my money or my claims. CUE's at the RO are different then CUE's at the BVA in some ways. Yes you can submit one right after a decision has been rendered but that is not always the best strategy. The CUE is an attack on the VA, and frankly if they deny and then have to move on to your NOD, do you believe the attack won't affect the decision on the appeal? That is up to you to decide. You also have to balance the path of Appeal you will be taking. An HLR does not allow for new evidence. A supplemental does. An appeal right to the bva will vacate your ability to CUE the RO on this issue (or more accurately should vacate your ability to cue the RO).

https://www.law.cornell.edu/cfr/text/38/4.87 6205 Meniere's syndrome (endolymphatic hydrops): Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.

your choices are your choices and I have no opinion on them, and you are right 4300 is damn good. I will say there is always a possibility of reduction. even if you don't apply for an increase or IU. I don't remember if you said how long you have had your ratings, but if you are over 55, had them for 5+ years at some rate, or 10 + years etc. but there are protective barriers from getting a reduction and the VA has to go through a very specific process. Including having to 'study' you for a year to make sure the claimed "improvement" is permanent or just some random uptick in condition. these of course are you decisions to make

Ocean, while I love the Sun Tzu quote, and agree with your intent, I want to make sure that the OP does not misread something in the way you structured the sentences. his CUE, as of now, CANNOT involve the new private sleep study or IMO. He would have to get rejected again on his Appeal that included those pieces of documentation for them to enter a CUE. He may then have a different CUE, just not the potential one he has now. I am sure you did not to imply that, but I had to read that sentence a couple times to make sure. Posting this just to make sure the OP does not have the same misreading of what you wrote.

thanks for that....in this case I just wanted to make sure he understood that I was not drilling into his business.

okay so I will be a bit nosy and maybe put a bee in your bonnet. why haven't you filed for IU and or an increase to get to 100% schedular? You don't have to answer me, just consider it for your own income and your kids.

great emoji

i thought so too. As an old navy chief it sucked to be striker again..ego i guess. There was a Federal Registry entry made in 2011 proposing to change the way gerd was rated and rename from hiatal hernia to GERD. it included a new 0% rating. i don't see a record of that happening. I would dig into that if I were you. as it stands you have been given a rating percent that does not and may never have existed.

by some chance were you and your sub anywhere in the following areas Iraq Kuwait Saudi Arabia the neutral zone between Iraq and Saudi Arabia United Arab Emirates Bahrain Qatar Oman the Gulf of Aden the Gulf of Oman the Persian Gulf the Arabian Sea, and the Red Sea. if so then read https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014557/M21-1-Part-IV-Subpart-ii-Chapter-2-Section-D-Service-Connection-SC-for-Qualifying-Disabilities-Associated-with-Service-in-Southwest-Asia?query=7346 IV.ii.2.D.3.d. Examples of Analogous Codes for Undiagnosed Disabilities and MUCMIs you can add your E7 in your profile but that E3 is a measure of your rank here on Hadit.... let's face it bud you are a striker again hehehehe

they may still have them. particularly for insurance records and for training. It is not everyday they get a submariner brought in with GERD so severe they medivac him from the sub mid-deployment. Shands is a teaching hospital.

you should contact Shands directly and have them send you all your records in their possession. They will have them under Hipaa for 7 years.

just as information for you, Shands is in Gainesville Fla. about 1.5 hours south and west of Jax. I have a lot of connection to both the hospital and Gainesville. Used own a house down in the Duck Pond. It is a great hospital and if you have a diagnosis of Acid Reflux from one of their Staff Specialists you can bet their CV is stellar in their field of gastroenterology. Interestingly you are rated for Hiatal Hernia and there is no 0% rating. You my friend may just have a CUE. GERD is typically rated as Hiatal Hernia as an analogous rating. IBS is also rated under this same code. I would go over everything in my file related to your GERD. I would review the decision over and over again to make sure there is no wiggle room on the 7346 rating. If they intended to rate you as 7346, the lowest rating is 10%. https://www.law.cornell.edu/cfr/text/38/4.114 7346 Hernia hiatal: Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60 Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30 With two or more of the symptoms for the 30 percent evaluation of less severity 10

based on his post and profile that is not all he brings in if I am reading him right. his profile says 70% so that is another 1300 a month. If he is on SSDI I am fairly sure he might be on TDIU and I am sure he knows what that is as he is a Hadit E7. He says SSDI is paying 1600 x 12 =19,200 if he is just 70% 1300 x 12 = 15, 600 if he is TDIU it is 3100 a month x 12 = 37, 200 when he gets married his VA goes up and it is still tax free and cannot count against joint taxes his combined disability comp is either about 35K or 56K, tax free. he can earn another 12K on SSDI or TDIU which would bring him to like 39 or 68K. so unless he means his combined VA and SSDI is 1600, then he is sitting okay even when living in Hawaii.

you have to balance it between tax credits/rebates versus straight tax. you can file as married filing separately which means each of you just does your normal. If you want to claim any of the exemptions for being married, which can significantly reduce your joint taxes, you will then lose that "normalcy". A tax expert is your best bet. Run the scenarios. The way you file is affected by all sorts of things, like property, assets, medical bills, etc. Are you getting SSDI or SSI or possibly(?) both? I am fairly certain that SSI is definitely means tested, not sure about SSDI.

welcome.. good luck

if he has a will he has an executor who is/can be a trustee. that works in your favor in this The VA cannot force your dad to appoint the as the fiduciary. If and only if financial impropriety happens and is proven can they step in. The big problem for most people is the VA and their paperwork and audits. but if your brother is a lawyer it should not be an issue. that is a whole different issue for you and your family to resolve. but as far as the VA and having a conservator it should not be any of their business. Your brother should know all of this as a lawyer

now that this is posted, what exactly do you think in it will get you to a higher rating? based on just this document, none of the denied claims will succeed without further evidence of in-service causes and or treatment. The listed hearing test results show your hearing to well within what the VA considers normal hearing. Do you have in-service hearing tests that show an OSHA STS (significant threshold shift)? and a resetting of your baseline hearing? If you do, and you can refute the claims of the current test with an IME/IMO then you might have a chance of getting an SC at 0% in all frankness, and with no other medical evidence presented, any current opportunity for an increased rating would have to be developed around your Narcolepsy , Bi-Polar condition or an increase in your rated arthritis. your arthritis will most likely get worse. When it does, file for an increase and if you meet those standards, you should get one. arthritis does not go away. Where is your RA? what body system? Service connecting RA may be tough, and very tough to tie to Narcolepsy. The doctor who can do that is engaged in a very narrow field of study. Look on PubMed for studies connecting the two. you will have to do a lot of reading. Also get and use Google Scholar. Search the BVA case datebase for those two terms and read all the cases to see if any are like yours and are approved for SC as a secondary. I did a cursory search at BVA and found 61pages of results for "Rheumatoid Arthritis secondary to Narcolepsy" using the second search option on the search page. Scanning them none showed an exact match, but you need to read all of those. I also found this study https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4894018/ which may give you some clues. Essentially you are going to have to test if your RA is genetic and by having Narcolepsy as an autoimmune disorder it could trigger the RA. Your next best bet is to scour your record for injury that might trigger RA depending on the body system affected. that is up to you. If I have your name and a state I can locate you. If I can locate you I can most likely own your credit file. But you chose what is right for you.