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doc25

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  1. Like
    doc25 reacted to vetquest in Ready to submit for increase. Seeking advice.   
    No services that I know other than a lawyer.  
    Once you redact your file and send it you will have people who are better than most VSO's looking at your file for free.
  2. Like
    doc25 got a reaction from Navy89 in Ready to submit for increase. Seeking advice.   
    Since you did not appeal the C-spine claim, you'll need to go the Supplemental Claim route to re-open. It appears you have "new and relevant" material.
    Highly probable is not sufficient enough language for VA law to grant a decision based on a private dr. stating this. Although it brings up a reasonable amount of doubt. The VA has to send you to a C&P exam to get the proper nexus, if your private dr. can't or won't correct this. 
    Here is what is required for a granted decision-
    The veteran's claimed condition is: (either one of these three)
    1. "due to" (100% probability) the claimed condition is the result of military service.
    2."more likely than not" (greater than 50% probability) the claimed condition is the result of military service.
    3. "at least as likely as not" (equal to or greater than 50% probability) the claimed condition is the result of military service.
     
    The other route to take IF this claim gets denied, is secondary connecting the C-SPINE condition to your service-connected back condition.
    Here's a quick hip pocket lesson on how the musculoskeletal system works:
    For the most part, every issue begins from the bottom; to the top. Our feet are the foundation of how we get around, then the ankles, knees, hips, lower back, mid back, neck, then head. See where I'm going with this?
    [ You can also claim secondary issues that are on the opposing side of where the service-connected disability is located at, but I can explain that later.]
    Since you have a back issue that is below your C-spine; your C-spine qualifies for secondary connection.
    These are just recommendations.
    Best wishes.
  3. Like
    doc25 got a reaction from GBArmy in I’ve been rated and deferred.   
    Good to friggin' go and congrats! Deferred is actually a good thing, it's not a denial. Basically, your claimed condition or conditions needed to be sent back for further development.
    All you need now is an additional 10% to get that 1 point to get 95%...which gets rounded up to 100%.
     
  4. Like
    doc25 got a reaction from ShrekTheTank in I’ve been rated and deferred.   
    Good to friggin' go and congrats! Deferred is actually a good thing, it's not a denial. Basically, your claimed condition or conditions needed to be sent back for further development.
    All you need now is an additional 10% to get that 1 point to get 95%...which gets rounded up to 100%.
     
  5. Thanks
    doc25 got a reaction from SwiftSig in I’ve been rated and deferred.   
    Good to friggin' go and congrats! Deferred is actually a good thing, it's not a denial. Basically, your claimed condition or conditions needed to be sent back for further development.
    All you need now is an additional 10% to get that 1 point to get 95%...which gets rounded up to 100%.
     
  6. Like
    doc25 got a reaction from ShrekTheTank in Why would the RO differ sleep apnea?   
    I got a C&P exam for sleep apnea secondary to PTSD.
    Here's how my case went:
    1. First submission denied because they said there wasn't evidence in-service for Sleep Apnea. Which I wasn't trying to direct-service connect. I had sleep study confirming I was diagnosed after service. Didn't have CPAP at the time. So, duh it's going to get denied.
    2. Re-opened with VA diagnosis of sleep apnea and I had a "medically necessary" CPAP at that time. Denied again. WTH?
    3. Re-opened again, but the third time I had a Sleep Apnea DBQ..THEN...I was sent to the C&P exam and I received a favorable nexus of opinion.
    If you get denied and you weren't provided a C&P, then the VA failed to apply duty to assist. A BVA or CVAC judge would see that.
    Did your doc provide you with a nexus of opinion?? Saying it vs. documentation are two different things.
  7. Like
    doc25 got a reaction from ShrekTheTank in Grouping Conditions   
    It took me three attempts at the Regional Office level before they secondary connected OSA to PTSD. (I think I read you have PTSD? You can go that route too.)
    The battle is well worth it. There are three criteria you have to meet to secondary connect OSA.
    #1. Must have a service-connected disability-Your Allergic Rhinitis
    #2. Must have a diagnosis for Sleep Apnea. You'll also need your dr. to document that a CPAP is "medically necessary".
    #3. Nexus of opinion stating the minimum threshold of "at least as likely as not" Sleep Apnea is due to or the result of your service-connected Allergic Rhinitis.
    Here is some medical literature to research:
    Allergic Rhinitis&Sleep Apnea.pdf
    https://www.ncbi.nlm.nih.gov/pubmed/15056401
  8. Sad
    doc25 got a reaction from Navy89 in PFT Results   
    I'll try to answer your questions as best I can.
    It appears you may have tested positive for COPD or some other pulmonary condition. Your pft results are closest to a 10% rating if you claim it and the condition is granted. 
    I imagine they did an X-ray where mild degenerative changes were present with your spine. 
    What I find interesting is your elevated Uric Acid (Normal Uric acid levels are 2.4-6.0 mg/dL (female) and 3.4-7.0 mg/dL (male)  could be a sign of a kidney issue that should be followed up on. Do you have problems with Gout or kidney stones?
    Hope this helps you out.
    IF you are diagnosed with COPD or another pulmonary condition here is how it is rated: 
     
     
    Obstructive Lung Diseases
    Obstructive lung diseases cause the airway to the lungs to become blocked. Often there is significant swelling of the tissues and the airways collapse easily. Most of these conditions are rated on the Respiratory Rating System, but some have some small differences.
    Code 6600: Chronic bronchitis is the swelling of the bronchi in the lungs. The swelling causes them to narrow and block the passage of air.
    Code 6603: Pulmonary emphysema is a disease that gets worse over time and is normally caused by smoking or being exposed to pollution for a long time. It causes the tissues that hold the shape of the lungs to die, thus causing the lungs to collapse and loose their shape.
    Code 6604: Chronic obstructive pulmonary disease (COPD) is simply the presence of chronic bronchitis and/or emphysema. It is rated exactly the same as both bronchitis and emphysema, and the code can be used interchangeably. If both are present, then only one rating can be given under this code.
    Code 6601: Bronchiectasis is a condition where part of the bronchial tree becomes enlarged and causes obstruction of the airflow. This is a permanent condition that cannot be reversed.
    It is either rated on the Respiratory Rating System or on incapacitating episodes below, whichever provides the highest rating. The definition of an “incapacitating episode” for rating this condition is a period where there is an active infection in the lungs, and it requires bed rest and treatment by a physician.
    If there are a total of at least 6 weeks of incapacitating episodes each year, it is rated 100%.
    If there are a total of 4 to 6 weeks of incapacitating episodes each year, or if there is constant coughing of mucous mixed with puss or blood that requires near-constant antibiotic treatment with anorexia and weight loss, it is rated 60%.
    If there are a total of 2 to 4 weeks of incapacitating episodes each year, or if there is daily coughing occasionally of muscous mixed with puss or blood that requires between 4 to 6 weeks of antibiotic treatment 3 or more times a year, it is rated 30%.
    If there is occasional coughing with infections requiring antibiotics 2 or more times a year, it is rated 10%.
    Code 6602: Asthma is a condition where the airways and bronchi swell, causing them to close up.
    This condition has slightly different rating requirements than the Respiratory Rating System. These are outlined in the table below.
    It is important to note that it is difficult to get a proper test for asthma since the tests must be run while an attack is happening. An FEV-1 test done when there is not an attack will give normal results that will not properly define the condition. A methacoline challenge test is often done instead since the methacoline triggers an asthma attack. Once the methacoline is inhaled and an asthma attack begins, the spirometry tests are performed. After the tests are done, medications are given to treat the asthma attack. If spirometry is done with and without methacoline, the condition is rated on the methacoline results.
    If FEV-1 and FVC tests with methacoline are not performed, then asthma can be rated based on the kind of medication that is used to treat the condition or on the severity of the condition based on the number of ER visits. In these cases, however, the physician must clearly record a thorough history of asthma attacks.
    Test
    Result/Condition
    Rating
    FEV-1
    Less than 40%
    100%
    FEV-1
    40-55%
    60%
    FEV-1
    56-70%
    30%
    FEV-1
    71-80%
    10%
    FEV-1/FVC
    Less than 40%
    100%
    FEV-1/FVC
    40-55%
    60%
    FEV-1/FVC
    56-70%
    30%
    FEV-1/FVC
    71-80%
    10%
    ER visits
    2 or more attacks per week with respiratory failure that requires ER visits to save life
    100%
    ER visits
    Requires monthly ER visits to save life
    60%
    Medication
    Requires daily high doses of steroids or immunosuppressive medications taken by mouth or by injection*
    100%
    Medication
    Requires the use of steroids or immunosuppressive medications taken by mouth or by injection 3 or more times a year*
    60%
    Medication
    Requires occasional use of inhaled anti-inflammatory medication*
    30%
    Medication
    Requires daily bronchodilator therapy taken by mouth or inhaled*
    30%
    Medication
    Requires occasional bronchodilator therapy taken by mouth or inhaled*
    10%
    *A definition of these medications is listed below.
    Swelling is the biggest problem with asthma, and so the majority of medications that treat asthma are for controlling swelling.
    Swelling is often a reaction of the immune system to things it doesn’t like. Immunosuppressive medications suppress this response, allowing the airways to remain open in an asthma attack. Similarly, steroids taken by mouth or injection are able to greatly reduce swelling. Both of these treatments are only used for the most severe cases of asthma and only when all the other medications listed below do not satisfactorily treat the condition. Some of the most common medications in these categories are Prednisone, Prednisolone, Decadron, Deltasone, Dexamethasone, Medrol, Orasone, Pediapred, and Prelone.
    Inhaled anti-inflammatory medications are steroids, but a smaller dose than oral or injected steroids. These reduce swelling and mucus production. They are used to prevent asthma attacks. Some of the most common medications in this category are Aerobid (Flunisolide), Flovent HFA (Flutocasone HFA), Azmacort (triamcinolone), Ipratropium Bromide (Atrovent), Asmanex, Pulmicort, and Qvar. The following are a combination of an anti-inflammatory medication and a bronchodilator (discussed next), but they are rated as anti-inflammatory medication: Advair (Fluticasone and Salmeterol), Duleva, and Symbicort.
    Bronchodilators are used by pretty much anyone with asthma. These keep the bronchi from swelling and blocking the airway. They are all inhaled, and there are short-acting and long-acting bronchodilators. Short-acting ones are the rescue inhalers that work very quickly and last between 1 hour and 4 hours. Common short-acting bronchodilators include Proventil, Albuterol, Ventolin, Salbutamol, AccuNeb, Levosalbutamol, Levalbuteral, Xopenex, Terbutaline, Bricanyl, Pirbuteral, Maxair, Procaterol, Metaproterenol, Alupent, Fenoterol, Bitolterol mesylate, and Ritodrine.
    Long-acting bronchodilators are used to control asthma and prevent attacks. Common long-acting bronchodilators include Sereveut, Salmeterol, Formoterol, Foradil, Symbicort, Bambuterol, Clenbuterol, and Indacaterol.
  9. Like
    doc25 got a reaction from ShrekTheTank in Grouping Conditions   
    Gout is a form of arthritis caused by high levels of uric acid in the body. Gout falls under diagnostic code 5017, but it is supposed to be rated under 5002 Atrophic Rheumatoid Arthritis. Gout must be rated seperately.
    5017 Gout.
    The diseases under diagnostic codes 5013 through 5024 will be rated on limitation of motion of affected parts, as arthritis, degenerative, except gout which will be rated under diagnostic code 5002.
     
    5002 Arthritis rheumatoid (atrophic) as an active process
    For residuals such as limitation of motion or ankylosis, favorable or unfavorable, rate under the appropriate diagnostic codes for the specific joints involved. Where, however, the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5002. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion.
    Note: The ratings for the active process will not be combined with the residual ratings for limitation of motion or ankylosis. Assign the higher evaluation.
     
    IBS and PFS involving the knee can't be seperated, BUT keep in mind that the opposite knee eventually will begin to cause you problems, on a secondary basis caused by your Left Knee.
    Your left knee can also cause hip and lower back problems, eventually, as well. 
  10. Like
    doc25 got a reaction from ShrekTheTank in Help needed- Where do I go from here?   
    Your anger and frustration is understandable, but turn that into righteous rage. It appears your husband is going to require a veteran's lawyer for an obvious appeal. 
    I hired Chisholm and Chisholm law firm and I'm not going to pay anything upfront, unless my claim is granted. Hill and Ponton is another law firm that deals alot with veteran's appeals. Chris Attig law firm, as well.
    #1. The presumption of soundness was not properly applied to this claim. Clearly and Unmistakably the record shows he went in healthy and was discharged with a bowel problem.
    #2. The VBA blatantly lied that the condition was not incurred or caused by military service.
    #3. The C&P examiner's credentials must be challenged. Was the examiner a GI specialist? A General practice Dr? A Physician's Assistant? Nurse Practitioner? The unfavorable nexus of opinion by the examiner and the favorable nexus of opinion from his Dr. is equipoise, meaning there is a tie in the nexus of opinions. A tie must go to the veteran.
    You and your husband have every right to be upset, but the VA is going to fight tooth and nail. No matter how angry you are. Higher level Review might not get this claim granted at the Regional Office. It might have to end up at the BVA or even the CAVC for it to be granted.
    To me, this claim was denied; just to be denied out of malicious intent. That's just my point of view.
     
    I'm having a similar experience with my flat foot claim from 2007. But, I'm not going to give up on it. I suggest y'all don't give up either. There's work to be done. 
  11. Like
    doc25 got a reaction from vetquest in Bad flare up   
    When you're well enough you can obtain a copy of the ER visit through the Medical Records/Release of Information office at that VA facility and fill out a VA Form 3288 requesting your own medical information, particularly the ER notes for that visit. va3288.pdf
    OR
    You can obtain a copy also using myhealthvet. If you don't have an account, now would be a good idea to get an account.
    https://www.myhealth.va.gov/mhv-portal-web
     
  12. Like
    doc25 got a reaction from ShrekTheTank in Just joined the board   
    A post-discharge, direct-service connection claim for sleep apnea will get denied 100% of the time. Secondary service connection is the only way to get sleep apnea granted.
    Fortunately for you, rhinitis is documented  in your STR (I believe what you're saying is factual). You'll need to get rhinitis service-connected first to secondary service connect Sleep Apnea. 
     
  13. Like
    doc25 got a reaction from GBArmy in What can GERD be secondary to?   
    Did your Dr.  just say it or did she make the diagnosis? Is it in your treatment records is what I'm asking.
    There's some bad news and good news. 
    I take it you are SC for IBS? If you are, GERD is not secondary to IBS. I know I know...why the heck not? 
     
    When rating conditions of the digestive system, it is important to note that a single condition can only be rated ONE time. This principle is particularly important in the digestive system, because a condition in the stomach and a condition in the large intestine can cause the same symptoms. Contrary to what you think, though, both CANNOT be rated. In this case, same symptoms, same condition. Only one rating allowed.
    In addition to this principle, the following codes cannot be used together (only one of them can be used at a time): 7301-7329, 7331, 7342, and 7345-7348. If you have two conditions make sure to check that they aren’t both one of these. If there are multiple conditions that have these codes, use the one that gives the highest rating.
    Gerd falls under code 7342
    IBS is 7319 which falls under codes 7301-7329.
     
     
    Here's the Good News:
    If you have a SC condition that requires you to be on medications. GERD can be secondary to that SC condition. Those medications CAN worsen GERD.
    Hope this helps.
  14. Thanks
    doc25 got a reaction from RyanE in Social security disability for PTSD but the VA has me rated at 30%   
    If you get 70% for PTSD you can apply for IU; but in your case, the SSA records will provide weight to an increase for PTSD possibly to 100%. 
    Best wishes.
  15. Like
    doc25 got a reaction from Inarticulate&Distorted in Finally had C&P exam   
    Do you believe you answered the examiners questions as honestly as possible during the exam? Yes or No?
    To alleviate some of your anxiety; here is how PTSD and other mental disorders are rated:
    Which criteria best fits your occupational and social impairment?
     

  16. Like
    doc25 got a reaction from GeekySquid in C&P Nexus of opinion inadequate?   
    Will do.
  17. Like
    doc25 reacted to GeekySquid in Requesting C&P results   
    @doc25
    It might be good for you to start a separate thread and include both letters and both dbq's and other supporting information. We dont' want to hijack this thread.
    Include the code sheet and letters requesting the C&P sent by the VA. I think you have a case here, but the other docs are needed to be sure.
  18. Like
    doc25 got a reaction from GeekySquid in Requesting C&P results   
    Wow, I'll have to keep this in mind. I tried to get c&p results back in 2017 from QTC after my c&p exam and I was told I had to request it from my RO that ordered the exam.
  19. Like
    doc25 got a reaction from ShrekTheTank in Secondary Conditions   
    I second that. 
    Click on this link to further educate yourself:
    http://www.diabetes.org/living-with-diabetes/complications/
  20. Like
    doc25 got a reaction from ShrekTheTank in Sleep Apnea Secondary to Asthma/COPD?   
    It's always a challenge get service-connected any condition, especially to link secondary conditions:
    1. Most private Dr.'s don't know what a nexus of opinion is.
    2.VA doctors will blatantly refuse to do them or are told not to do them by administration.
    3.C&P examiners are usually not there to provide a favorable nexus of opinion. 
     
     
  21. Like
    doc25 got a reaction from GBArmy in Missing records - Gave up a few years ago - Any other special avenues?   
    Well, it wouldn't hurt to request your C-File. Copies of your service medical records might be in there. See forms attached.
    You will be making a FOIA/Privacy Act Request.
    If you don't know your C-File number it's C- [your SSN]
    You can mail it CERTIFIED MAIL.
    If you fax it, make sure to get a fax confirmation #.
    You'll get it within 5-6 months or more (unfortunately). Do not make multiple requests. You'll delay receiving your c-file.
    Best wishes.
    2017-01-18+Claims+Intake+Fax+Coversheet-1.pdf va3288.pdf
  22. Like
    doc25 got a reaction from Patton in I am amaze! Hoping for a great outcome!   
    I didn't have Sleep Apnea diagnosed in-service, but I did get SC for PTSD with Depression. I claimed SA as secondary to PTSD medications. I was denied twice, I appealed each time, and the third time was the charm.
    You can secondary connect OSA to your Mental health conditions, if you're taking meds. Since you also have insomnia, the sleep medication that I'm sure is prescribed to you, to help you sleep; can cause or make OSA worse(aggravate). 
    You can secondary connect OSA also to GERD, but there's not alot of literature that I could find other than the case I believe I provided to you in that earlier post.
    The URI claim suggested by BDD has to do more with chronic infections. That's what you will need to highlight in your claim. If you had recurrent and chronic respiratory infections well documented in your STR/SMR, and they still occur, you should have a relatively strong claim. 
    [Read through the two articles I am providing at the bottom to give you an idea of which SC condition would make your OSA secondary claim stronger.]
    GERD&Sleep Apnea.pdf Psychiatric Disorders and Sleep Apnea article.pdf
  23. Thanks
    doc25 got a reaction from ShrekTheTank in eBenefits decision   
    You would have seen an increase or no change to your percentage immeadiately. But, as other forum members have said to other veterans;we have to wait for the decision letter. Ebenefits isn't always accurate.
     
    A denial sucks but always appeal because don't be like me and let an appeal go past the year timeframe...then re-opening a denied claim becomes very difficult. 
     
  24. Thanks
    doc25 got a reaction from haasume in C&P results for PTSD, What do you think?   
    Back in 2017 I had a C&P exam for sleep apnea; two weeks later I got a prep for notification in ebennies. So, it's not uncommon. 
    Hopefully you got a favorable decision. Best wishes.
  25. Like
    doc25 got a reaction from ShrekTheTank in 1st Claim ever......Need Help!   
    There's some good news and bad news.
    Initiate an "INTENT TO FILE".
    I don't mean to be a debbie downer, but just barely getting diagnosed with PTSD last week is only part of the criteria to service connect it. How long have you been treated for PTSD? A minimum of 6 months to 2 yrs is a good amount of treatment that will build a stronger claim.
    It's a process.
    #1. A Confirmed in-service stressor. (I strongly believe you when you say what you witnessed; occurred in-service. If you have a combat action ribbon/medal you'll have a slightly easier time proving the in-service stressor.)
    If you still have buddies that were there to corroborate your stressor. Have them write a buddy statement as lay evidence. You can also have family, friends, co-workers, or anyone associated with you to write a lay statement saying what they have witnessed in your behavior related to PTSD, such as....being distant, isolates, easily angered/agitated, the list goes on.
    #2. Being diagnosed with PTSD (you have that.)
    3. Nexus of opinion stating the minimum threshold of "at least as likely as not" the veteran's PTSD is due to or the result of military service.
    Hope this helps. Welcome to the forum!
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