Click To Ask Your VA Claims Questions | Click To Read Current Posts
Read Disability Claims Articles View All Forums | Donate | Blogs | New Users | Search | Rules
Johhny_Drama
-
Posts
62 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Johhny_Drama
-
-
To Berta
this is for my OSA being aggravated by my service connected PTSD. My doctors both wrote nexus letters and my VSO looked over and said he thought they looked great. We will see how this goes. We are responding to the denial and new evidence is the nexus. So I’m going for secondary here and I know it’s a uphill challenge.
The other post you may have read was my c&p exams that I completed in June. I am battling this 30 percent flat feet issue. I have SC 30 percent plantar fasciitis bilateral and in 2016 or 2018 they denied me at increase stating I didn’t mention orthotics. I had my podiatrist make 2 pairs after reviewing everything and I gave it a shot for 2 years. They didn’t show improvement. I was issued a night splint due to my Achilles’ tendons being super tight. During the last 2 years I tore my calf muscle simply walking across the room in my house. And to top it off i now have heal spurs on both feet that feel pretty damn painful. These are the changes in the last 2-3 years since I applied for a increase.
I found out they kept my feet rating at 30. Even though the report stated the custom inserts didn’t work. I have pain full to the touch feet, tight flexing Achilles’ tendons, basically every single item in the box that warrants 50. They mentioned in order to get 50 you need to show these items ...I’m thinking who is looking at my claim because that’s everything that I’m going through. It’s beyond mind blowing. They said the new heel spurs I never had are already rated with the 30 percent rating. I thought they warranted their own rating. They are a separate issue. And no rating on my Achilles’ tendons even though they feel like they might snap. So I had 30 percent and I requested increase to 50. I requested heel spurs, torn muscles, and Achilles tendinitis as secondary. And after all this I got nothing as in nothing changed.
my VSO is reviewing and seeing what is going on before we move this to higher level. I can’t believe anyone of this. But I guess I should be use to it. So that’s the current situation.
-
17 minutes ago, Berta said:
https://www.va.gov/vetapp21/files3/21011177.txt
"ORDER A rating of 70 percent, but no higher, for posttraumatic stress disorder (PTSD) with obsessive compulsive disorder (OCD) is granted."
The decision explains why the rating is not higher than 70%.
------------------
https://www.va.gov/vetapp20/files4/20024814.txt
"ORDER Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with obsessive compulsive disorder (OCD) is denied. Entitlement to a total disability rating based on individual unemployability (TDIU) is granted from August 2, 2018."
(this is why I asked if you applied for TDIU)
In part the above decisions states:
"The Board emphasizes that the determination of whether a veteran is unable to secure of follow a substantially gainful occupation due to service-connected disabilities is a factual rather than a medical question. Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir. 2013). Given the August 2018 VA examiner’s favorable findings, coupled with the Veteran’s competent and credible reports, as well as her level of education and occupational background, the Board finds that she is unable to secure or maintain a substantially gainful occupation due to her PTSD with OCD. Accordingly, a TDIU is established from August 2, 2018."
This case cites Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir. 2013) You can google it but I do not think it will help you-
the BVA articulated clearly why this veteran was denied PTSD rating increase but was awarded, instead, TDIU.
Is this the remand,if you did have a BVA remand?
https://www.va.gov/vetapp20/files8/20053571.txt
You’re a godsend and I appreciate all of your help. I’m going to reply to your first post to me.
-
Happy Friday Eve
Question about nexus letter. I had 2 doctors provide nexus letters to support my claim. I made sure to read the help guides and have a better understanding of what is required as in the verbiage and what nots. I read some articles and wanted to include to support my claim. My VSO said if it comes back as denied he can supply case file to support my claim. You can review past cases etc. Can I also add medical references from Pubmed or medical journals on your own to support the claim? I have 2 nexus letters and I included a reference page with medical journal information. The doctor didn’t quote medical journal but mentioned my specific issues. Will providing this help?
-
On 6/21/2021 at 9:39 AM, Berta said:
to add:
"ORDER
Entitlement to an initial 50 percent rating for bilateral flat feet, effective January 30, 2012, is granted.
Entitlement to a total disability rating based on individual unemployability (TDIU) is granted."
"FINDINGS OF FACT
1. The functional impairment resulting from the Veteran’s bilateral flat feet has more nearly approximated a pronounced flatfoot disability since the effective date of service connection.
2. The Veteran is entitled to a combined 60 percent rating for disabilities resulting from a common etiology, and these disabilities at least as likely as not prevent him from engaging in substantially gainful employment for which his education and occupational history would otherwise qualify him."
https://www.va.gov/vetapp20/files6/20037168.txt
Many years ago I found a vet awarded TDIU at the BVA due to back,hip and knee disabilities caused by his SC pes planus ( flat feet)
I just used this BVA search feature for 2020 and 2021-- the denials are as important as any awards there.
And I did bring my doctors notes and the examiner at my c and p exam was very thorough in looking over my notes and typing each item ..very thoroughly. Usually these last 10 to 15 min. This one lasted close to a hour and that was dr reviewing typing and asking me questions. Then spent few seconds looking over my feet. It was obvious. Trying to locate his notes from examine but not sure if they list online.
-
On 6/21/2021 at 9:39 AM, Berta said:
to add:
"ORDER
Entitlement to an initial 50 percent rating for bilateral flat feet, effective January 30, 2012, is granted.
Entitlement to a total disability rating based on individual unemployability (TDIU) is granted."
"FINDINGS OF FACT
1. The functional impairment resulting from the Veteran’s bilateral flat feet has more nearly approximated a pronounced flatfoot disability since the effective date of service connection.
2. The Veteran is entitled to a combined 60 percent rating for disabilities resulting from a common etiology, and these disabilities at least as likely as not prevent him from engaging in substantially gainful employment for which his education and occupational history would otherwise qualify him."
https://www.va.gov/vetapp20/files6/20037168.txt
Many years ago I found a vet awarded TDIU at the BVA due to back,hip and knee disabilities caused by his SC pes planus ( flat feet)
I just used this BVA search feature for 2020 and 2021-- the denials are as important as any awards there.
Buck and Berta Thank you for responding
this started at 10 percent then went to 30 in 2016. Since then I have developed heal spurs on both feet. X-ray confirmed. Ordered and tried those custom orthotics for over 580.00 and did this for over 2 years. Didn’t work much for me. Now they want to have me wear night splints and my Achilles were to tight to even fit the one they had in the office. I have very tight Achilles both ankles. I tore my left calf muscle.
based off this I did read my podiatrist notes. List several things like bilateral plantar fasciitis, list deformity bilateral along with bilateral Achilles’ tendonitis and I’m hoping that after seeing all of this the VA will award 50 for my feet. I’m not sure how they would rate the secondary issues listed which was Achilles tendonitis and heal spurs. Do they combine all or?
they didn’t increase my feet in 2016 because I didn’t get custom orthotics and now that I had that and nothing then I’d hope for increase however there was a rating change for feet in 2021 and looks like 30 percent Is the max which would be awful. I’m current sitting at 91 percent and not sure what’s going to happen. Like others I’m sure, I’m very tired of paying for treatment after treatment for my feet. Which is causing additional issues like my right knee and back which is listed in my doc notes but I haven’t listed that because I’m not able to spend more money seeing another doctor. -
I was pleasantly shocked that my exam was set up a week after submitting my paperwork request. My service rep requested a increase for my flat feet issues and secondary issues due to my 30 percent rated feet. I have pulled up the rating guidelines and I have medical records from my podiatrist. Wish they could skip these exams as the medical records lists everything.
bilateral pain, went the $450 custom inserts and tried for 2 years. No relief. Developed heal spurs and that’s very painful, my Achilles feels like I might snap any day. I tore my calf muscle on top of that due to the way I walk. Some days my Achilles are so tight i can’t leave the house.
Based off the one rating chart I should be at 50 percent. My question is can I expect secondary conditions - heal spurs which i never had before, Achilles’ tendonitis as they are very tight and tearing my leg muscle which took 6 months to heal but I still have issues with my ankles. I read 10 percent for heel spurs but Is it 10 per foot? My podiatrist keeps trying new methods. Sleeping with a brace, buy more inserts, need mri because she suspects I have a hairline fracture in one foot. It adds up to lots of money and hoping this gets rated to the max. I feel like the podiatrist just wants to make more money. I don’t see this improving. -
I have a 70% PTSD rating. My Doctor and my LCSW therapist both say that I have traits of OCD and they see this a lot with folks with PTSD. They are going to write a nexus if needed. My question is this.
If I submitted a claim for OCD it would be a secondary condition to my rated PTSD so would the VA just combine this with my current PTSD rating or is there a separate rating for OCD. I think my rating would fall under 30 percent based on what I read. It seems to match up with my symptoms. So would they keep my ptsd at 70 then the secondary would list OCD at its own rating of degree example 30?
severak things stem from PTSD. For me it’s OCD and sleep apnea. My doctor has 30 plus years on this subject so I’m getting a nexus that relates my PTSD to aggravation of sleep apnea and I’m going to claim both OCD and a separate claim of secondary to ptsd sleep apnea. I just didn’t know if OCD would be part of the current ptsd rating.
-
3 hours ago, brokensoldier244th said:
Heck , in some circunstances I email, too. I've done it twice in the last two weeks. It saves a phone call to a veteran that usually ignores it anyway because our caller ID doesn't say "VA", it either days government or unlisted, so most dont answer. If I need to clarify an address, dob for dependent, eft routing or account number, Or what limb/bodypart you meant I'll just email and you can answer back that way or call in or upload the info/ whatever your conscience suggests. If I'm calling or emailing for clarification it usually means I can't go forward without it.
Another Suggestion- dont just claim "foot condition"
Or "knee problem". While you yourself can't diagnose because you arent doctors, one of the three elements I need is an diagnosis of a problem. If you are too vague or dont have a diagnosis at all I can't request an exam for it and I or someone else ends up having to contact you again to clarify- which takes up your time. I can't read your medical records and guess which problem or which leg you were referring too, when if it's relatively obvious- the law won't let me, asked I dont want to claim something on your behalf that isn't right, either.
I agree and have learned a great deal throughout the years to never assume and the more details the better.
I have been working a sleep apnea issue. Since I didn’t have this as a service connection the next step is seeing if I can get this secondary. I’ve learned that having a MD and a therapist who specializes in these things have helped. By March or April I should have a nexus completed by both professionals and we will see how it goes.
-
On 12/24/2020 at 4:20 PM, Buck52 said:
@ brokensolider,
Do these National VSO' from the DAV-VFW-OPERATION FAMILY FUND-DIXON CENTERS ECT,,,ECT,,
Do you know if they work from home like you do? also do they give out their home phone #?
I never thought about that??
They said it was just some internal issue.
I’m currently rated 90 and I’m in the middle of raising PTSD from 50 to hopefully 70. This won’t change my overall rating of 90 but would they still do backpay for a increase of a disability or only if your overall rating changes ? I just submitted everything in the portal and my therapist said she even received a call from the VA. That was a first I didn’t realize they call.
-
1 hour ago, brokensoldier244th said:
Who would you be calling? We are all working from home- have been working- since March.
The VFW office in DC.
-
38 minutes ago, brokensoldier244th said:
Anything were put into vbms is subject to court discovery. We don't just "put things in there.
Why didn't you just call your poa that was listed and ask them? They can look directly at your file from our side and see things that aren't ported to ebenefits.
You won't get an answer any better than what you already have here. Youll just have to wait until Monday.
The folks I’d call are out of the office since March. I couldn’t if I needed or tried. I will contact them Monday.
-
59 minutes ago, Buck52 said:
I'd call them but it being the holidays I doubt you can get an answer
I think its just crap they put on there to worry the Veteran I'd wait for the decision. Because you could be getting an Increase and that increase could be 100% if they look at your sleep apnea claim and an increase in your PTSD MEDS could very well be due to your PTDS Meds that is related or likely as not the cause of your OSA (Sleep Apnea..50%. and they have to put their heads together to figure out your new rating and retro.
This is just my opinion if you don't get an increase I'd be surprised myself.
Wait for your decision is my advice.
I agree. Just call Monday. As long as they aren’t taking away I’m good. I will report back about the sleep apnea once I get back my nexus. I have a LCSW along with my psychiatrist who will both write up a nexus based off how my PTSD triggers / Aggravates my sleep apnea. Both have backgrounds in treating PTSD and sleep disorders.
-
1 hour ago, brokensoldier244th said:
Mostly likely its an internal action of some kind. I had something similar when they took forever to take my son off my award after he went to school on DEA. I had to pay back that few months of dependent pay. There was a 'claim' added to my C file as an administrative action because, being an adverse action it's still a 'claim'- just coming from their end and not your end. Payment issue could be all sorts of stuff. Have you checked your EFT settings in Ebenefits? Have you gained or lost a dependant? Are you in Voc Rehab or something? Do you owe anything back for separation pay that they forgot to recoup whenever ago? ( I had one of these the other day- the guy had an award letter that said "blah blah blah you get X amount, but wait, we have to recoup sep pay so you actually get Y"- except that for some reason years later VA finance is saying it wasn't recouped)
I am single no kids nothing changed. I had a appeal denial and didn’t get any extra funds. My rate is not changed. Not in any school... I have a claim for increase that’s in middle of gathering evidence.
Here is what I see now. Again, this was just added to my status and I didn’t request this. This claim about payment thing started on Dec 14 and closed Dec 17. I don’t have a clue if this was just saying my rating was not increased therefore no back pay etc due? I didn’t even file a new claim about any payment issue.
then on the 23rd I get this same thing a new claim and about payment issue. I only have 1 open claim for a increase and that’s showing open and normal. Hopefully the pics will help explain this.
-
6 minutes ago, brokensoldier244th said:
I should expand on this, now that I am awake.
When I said 'putting things into VBMS (what we use to look at your claim file) I meant actual 'code', like programming changes, not documents or evidence.
Ebenefits was a joint initiative between VA and whomever did the coding. It scrapes data from your claim file to generate the status you see, but we, as VSRs and RVSRs have no idea how it comes up with some of the status that it does, or when it updates, or what data it has access to from where, other than we know it updates at least once a day overnight. Therefore changes you 'see' in Ebenefits may not be indicative of anything that has happened to your claim file in the last 24 hours, and potentially longer over a weekend. If you upload from Ebenefits you should see those uploads represented pretty quickly, usually within 24 hours- about the same as I do. If you mailed stuff to an RO and it gets transferred to Janesville and THEY scan it in it can take a few days, but we backdate based on the postal date, not the scanned in date.
I don't know if transitioning to VA.gov will make things any better. I can only say (not be because I can't, just 'cause I literally don't know) that what I see in your claim file and what YOU see are different things because I can see transactional data within seconds after a change is made, a document is added, etc, if it was internal (one of us or an RVSR). Things submitted by you take a day or so.
This is why even if you work on your own claims its good to have a VSO around. THEY can see your Claim file the same as we can if they are NSO (national service officers- DAV, AM Legion, VFW, etc), and I would assume that state and county level VSOs can as well. Not every lawyer that works VA claims has a POA identifier in our system I could almost guarantee- there are just too many lawyers. While they are busy as hell and some are better than others when it comes to communication its either that, or request your Cfile. That request will be a 'fixed in time' as of the time its generated, though.
No, I don't know why it takes so long, especially since most anyone in the last 20 or so years has an electronic claim file from the start, and older than that has been scanned in for most veterans, though it is still ongoing and there ARE some of you out there that still have paper files that haven't been scanned in all the way, yet. I make requests for stuff like this every day, and I can tell you that right now with covid it takes me weeks and longer to get anything back, same as you, because the national records centers are all in varying status of operation and staffing.
It sucks, believe me, and I apologize for them. I can work from home and access what I need- THEY can't remotely scan a paper file in a giant warehouse, so if their location is not open to staffing nothing gets scanned. This is affecting a LOT of claims for SC that involve research like duty location (for exposure, AO, etc) and MST/PTSD (where I may need OMPF or STRs to verify stressors, medical treatment for events that happened, LOD's, MP reports, adjudicative actions by Boards and Courts Martial) and I can't get the records any faster than you can.
While you can represent yourself I don't know that you can get access as a POA to your own file (or a family member doing POA for you). The process is a pain, involves a lot of paperwork, lots of security and verifcation, and a whole host of other stuff in a CFR that Ive read but don't completely understand since it doesn't really apply to what I do daily- I have enough CFRs and M21 to read already!
I appreciate the explanation and taking the time
what I am trying to say is when I look at my current open items / claims I will see the PTSD one which is valid however under that I see a new claim and I don’t know what or why ..it says payment issue as if I opened up a new claim and called it payment issue that’s where I’m confused I will call Monday but just wanted to see if anyone ever noticed this I don’t see any additional information either just payment issue and nothing else
-
Hello
I have a current claim for PTSD increase. I’m currently at 50 percent. I had a C&P exam and I also had my physiatrist who prescribed meds and my LCSW therapist send in the notes. This is sitting in gathering evidence.
that’s accurate however I’m noticing claims in ebenefits and the vet .gov site saying claim closed for
- Payment Issue (New)
I don’t even know what this is. It’s showing up as a second claim that’s like i submitted a new claim and I didn’t. The only claim that should be open is my request for PTSD increase. This was showing up when I had my Sleep apnea secondary to ptsd denied. This on the 23rd of Dec I see this new claim again listed as Payment Issue. I plan on calling but have anyone ever seen this ??
thank you
-
5 hours ago, Buck52 said:
Test Test???
Hi I just replied to everyone and sorry. I haven’t posted much so not sure how to reply to each person. I think I just figured that out ...I have a sleep study. I was diagnosed after getting out. I do have written letters though from people that knew when I was active duty and the sleep apnea was there- gasping etc while I was in the Army. I just never knew what sleep apnea was. When I learned what it was I still avoided the test as I wasn’t going to let someone study me while I sleep etc.
-
I’m trying to reply to all that responded. I really appreciate everyone taking the time to answer my question.
some background info. I in have rated PTSD. I also took a sleep study. Sleep study said I’m severe case I stop breathing 97 times a hour or something. My provider worked at the VA for 35 plus years. His picture is hanging up in the VA hospital. He specializes and is a expert in PTSD. He also said he’s written nexus to show how PTSD will aggravate the sleep apnea.
I’ll say that his knowledge has helped me a lot. I have nightmares and I have weird routines like checking areas of my house I’ll wake up waking around. Then I’ll sit in a up position for hours ... I never understood this. It’s because when you’re out in the field up might be back to back with someone ...this really made sense. Just identifying the things I do. My guy has so much knowledge and I’m just hoping they can see how the ptsd can relate with sleep issues. We will see. I have to send the info next week. Lots of the offices are closed. I don’t even know if the intake center is open and benefits has been down.
-
Hello everybody
I hope everyone is having a Good Friday.
Almost 18 months ago I submitted through the vfw a appeal and this went to the board. After reviewing they remanded the decision back to my local VA office. There was evidence that was not included and I guess errors.
In the meantime I am working with a provider that’s working a nexus letter. Should be done in the next week.
with that in mind I expected the appeal to get denied and it took a while. I figured if I can get a nexus letter and send it then it could be added to the claim. Now that the appeal is back with the local va can I just send this to the intake center or upload ? I would ask my local vfw but their offices are closed up.
also about my provider. He is not a doctor but I believe a MSW or CSW with 35 years of working with the dept of VA treating PTSD. I am rated with ptsd. I’m trying to get my sleep apnea rated secondary. I know this is talked about a lot however my question is will the va toss the nexus because the person is not a doctor ? I’d think 30 plus years working with the VA and working primarily with ptsd patients should count for something. He was licensed and just couldn’t prescribe meds. I like to avoid meds altogether and get to the square root of my issues.
I appreciate any feedback. I’m glad the board didn’t Just deny me. I think I have a good argument and this nexus will help. -
Hello everyone
I have a few questions that are related to backpay and what to “expect” as well as all claim progress directed toward va.gov
I have a SC disability currently rated 0. In oct 2017 I submitted an appeal to my original claim status that rated me as a zero. In Oct 2018 my appeal which I believe went into ramp but I was denied again. I went back and got doctor letters and supplied all new information including a DBQ from doc. Basically I supplied what I should have the first go. So I submitted a new supplemental claim / appeal. It’s confusing but I was told I needed to do it this way. Anyways I submitted this new stuff in April of this year.
I checked VA gov and it says they do not currently have updated status. Just says I have open claim from April. I called VA they said it’s alreasy in pending decision stage. They said they have a lot of information and again I made sure to include everything. So my first question is why isn’t va gov updating ? Is anyone else having this issue ?
second, I’m currently at 70 percent. My claim is for migraines. According to their grade boxes I may get 50 percent. Say they do 50 or 30 etc. would they go back to 2017 see what my rate was then , then add this new rate and then pay difference ? I never let it go a year. I made sure to always file a response before year. I just want to get a clear understanding on what dates, how this wouid back pay and I say 50 percent just to make it easy.
Thank you
-
On 12/26/2018 at 9:25 PM, Optomusprime said:
I am still waiting on a decision for my RAMP claim ! It will be 9 months old on 1/9/19 ! My RAMP opt date was 4/9/18 had a HLR phone hearing on 9/28/18 was told the HLR found many error ratings in my favor for both appeals in RAMP the sleep Apnea and old 15 year old appeal for increase of service connected kidney injury with abdominal muscle wall strain currently rated at only 10% since I filed for increase back in 7/23/2003 ! My Ramp went from preparation for decision! Backwards to review for decision on 12/14/2018! 3 new C&P exams were ordered for both appeals due to error correction ratings I was told for both appeals ! I completed all 3 C&P exams on 12/18/18 ! Hopefully I will have a decision very soon now ! It's been a long stressful RAMP ride so far ! Now going into 9 month range next week !
Well it sounds like you did everything needed and the end of this is soon over and will hopefully be in your favor. I was denied sleep apnea and they listed it as due to weight gain since getting out. I am going to appeal it as secondary to PTSD. I am arguing that poor sleep over the years along with depression can have impacts on your weight and the sad thing is i have people from when i got out that said i needed to take the sleep study. they heard me sleep and i wrote it off and didn't want any part of someone watching me sleep. My Service Rep was not too helpful and pretty much said that its a no brainer denial and in their professional opinion, they wont grant it. I am not giving up..
-
1 hour ago, vetquest said:
EED is earlier effective date. If you believe you were not given the correct effective date you can appeal this with more evidence. If you have more evidence that is great or you can just appeal and hope the BVA decides that your EED claim is valid with the evidence available.
I would hope think that they would go back to the dates that I filled since that would be the effective date.. I mean if you file something now and it takes 3 years then they should see that this is 3 years old and go from there. I will have to work this with my VSO to insure I do all this right. I plan on filing a appeal in the next 3 weeks and attaching all of the updated records and DMQ from the doctor. Just guess this will be a wait and see thing but again, it would not make sense not going back to when I have started this journey especially if i haven't missed the year timeline on appeal etc.
-
Echo- I had my appeal sitting for roughly 9 months. I then entered the RAMP and it took exactly 4 months later to finish. I had 3 items on appeal.
It was basically a new claim but was told they would go back to the original date you started or intent to file appeal etc date.
Once it hit RAMP, the appeal closes and it will now be a claim- shows you the items in the new claims area and usually and from what others have said you will get a call to do c&p exams. I got a call to do this a month after I went into RAMP. Regional office is suppose to set your apts up within 30 days. Then After I did my exams it seemed to take exactly a month until it was done. This has been the results for me with claims and appeal. As soon as the c&p were done, the denial or approval followed 30 days later. I do submit records and as much as possible so it seems to help. Although I never did the DMQ forms and now I am doing these in hopes of bypassing any future c&p exams. Like others said, it could take longer but for me and about 4 others I know it seems to take 4 months if no errors, no go backs from when you enter RAMP and RAMP will be the new deal starting FEB so I am sure the dates will push back as everyone will be in that category now.
-
On 12/4/2018 at 8:39 PM, Optomusprime said:
I filed my RAMP 4/9/18 ! I have two appeals in Ramp one for sleep apnea secondary to PTSD, the other appeal is for increase of service connected kidney injury rated at only 10% ! Ebenefit is saying New Service connected disability pending under both of the Appeals in the Ramp when I go to the section that list all my disabilities! When I go to the status of appeals section it says prep for decision! When I call peggy and ask them since ebenfits says New service connected disability for both appeals does that mean I won ! They say we cant tell you ! Wait for your decision letter lol ! Before all this happened ebenfits said error rating correction and it was at that phase for a month and half ! So am hoping I one since it has changed to new service connection pending for both appeals ? In the same boat !
Opto- have you heard back? I am going to have to file my sleep apnea under secondary to PTSD. I was wondering if you were awarded? I had the sleep test done and was put on a Bipap machine all outside of service which I wish I would have taken the test while in. Anyways, I wanted to pick your brain on this to see if they awarded you this and if so, what all did you have to do? I am working with a neurologist now and set to see him again next few weeks. I was going to have him fill out the DMQ form and go from there.
-
This is a great question and thank you for asking this because I am in a similar boat. I had 1 VA at 800 Peggy told me that if I had a rating of say 20 percent total disability at the time of appealing and if denied then say a year passes and you are now 50 percent total rating that when they review the appeal that you would be rated 20 and they would back pay you as so because at the time you appealed, you were at 20 and as long as you did not go over the 1 year mark to appeal the decision that they would grant this...So in your case are you one of those that had a different rating from then and now?
Second, I was told two different answers from Peggy. That if you were on an appeal and go to RAMP then you loose time. I was told this today actually even though in the past I was told that you do not loose time as long as you appeal before the 12 month deal. You get denied, you sign a NOD and appeal etc. Sounds like you appealed then instead of appealing you submitted as a new claim? Either way, I am very interested in what you find out because 2004 and 2015-2016 is a huge difference and if they found that you had issues now and its been something you have been appealing since 2004 and if it was marked service connected then they should in my OP be listing this effective 2004 but I could be wrong and it sounds like you will need to somehow appeal the freaking date for backpay now.
Nexus Letters Question
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Wow that was a thorough letter. Mine was one page. I am trying to get OSA and mentioning PTSD is aggravating my diagnosed OSA and hopefully this will work out. I may have to find a doc that specializes in nexus letters. My doctor specializes in ptsd but hasn’t written tons of letters.