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Johhny_Drama

Second Class Petty Officers
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Posts posted by Johhny_Drama

  1. On ‎11‎/‎29‎/‎2018 at 11:51 AM, krooks said:

    Sleep apnea: not service connected (which we assumed would happen)

    IBS: not diagnosed in VA medical file (it was listed as Colitis) 

    IU: did not meet criteria- we needed one of the other two disabilities to be approved in order to reach the criteria for this

    I just put in a claim for sleep apnea too. I took a sleep study and was rated at 97 per hour of stop breathing..

    I took the results to my C&P exams to show the doc which was at a VA medical center. I also uploaded statements from past room mates, exwife, mother etc of when this started. i never even knew what sleep apnea was but i know ive had it since getting out as i get headaches all the time and I'm tired.. I explained this to the doc but who knows. If they deny, I will consult a lawyer as i am not sure if you can add this as a secondary to PTSD.

     

    Did your husband do a sleep study and if so did you add this report to your claim? Did he ever get seen/ examined C&P exam etc for sleep apnea?

     

     

  2. First off, Happy Thanksgiving to all brothers and sisters out there.

     

    I just took 3 c&p exams at a VA medical facility 20Nov. I had to take a hearing test and even though i had just taken one last month, they had me do it again. I have that constant buzz in my ears (12B) but I can hear ok so I'm not sure if I will get compensated but I told the doctor I have this sort of buzz sound, I talk louder than most and i have the TV up loud as it drowns it out. No clue if that will be a denial.

    Second, I had a PTSD exam. I have avoided this for the past 8 years. I didn't want to talk about this to some doc but after having buddies and reading on some of these sites, I decided to put in a claim and simply see what would happen. I am adding this as to I am not sure what rating to expect. I wanted to list what all I said to see if others have this same issue, or mentioned this. Plus it is a lot easier to mention this on this forum than it was to a stranger doctor on a monitor (we did all of this by VTC) which was very weird.

    I can not take public transportation, I will go into panic / anxiety attacks if I were to ride a metro or a bus. I have the typical nightmares and end up loosing a lot of sleep as i am up 5 times a night. I might hit a bump in the road and will have a flashback of hitting a dirt mound in Iraq or see something and all of a sudden it triggers something from the past. I come out fine, I just seem to space out and think etc, I get triggered with sudden loud sounds, I have habits of doing a quick security check in my place- check closets, bedrooms, etc , my social life is not the same as I want to be with my dog and not around lots of people and dating etc is just not in the cards right now, failed marriage, work life is good, I love what I do and that is not a concern as the rest of what is mentioned. I am not on medication and i have not seen anyone besides a few folks but nothing to show the VA. So based on this, not sure what sort of rating this would be. Any guesses would be nice.

     

    Sleep Apnea- I have had headaches and reported this since getting out, however I have not recvd any rating. I never knew what sleep apnea was but my ex wife, old roommate, and mother all witnessed me at some point snoring and gasping and stop breathing during sleep. I finally took a sleep study and my study said something like I stop breathing more than 97 times an hour. I was diagnosed with severe sleep apnea and I have sent in letters from people that knew and this started a year before I got out of the Army. I think this is why I had such bad headaches and I also blame PTSD for this too. Either way, I showed the doctor the test results and they did what they do. I also made sure to upload this to my ebenfits months ago see the docs are there. I am not sure why they would not keep this and enter as well. Not sure if this will be denied.

     

    IBS/Stomach issues- I had a upper gi done and have gastritous, acid reflux and think this is do to nerves. I did not have a lot of doc visits for this but did have a recent one that i provided plus a upper gi test that was done. I am getting another one soon as its been over 5 years. I usually treat with over the counter stuff that limits the acid and watch what i eat etc. Not sure if this will be denied.

     

    If anyone can relate to this, please let me know. I know everyone is different. I had feet at 30 percent and was told if i am told that i need inserts then they will increase. I have headaches at zero percent, that is a real headache in its self as i suffer from this and it seems like they need me to see a doc to be put on pills etc to show that i have this as a reoccurring issue.

  3. On ‎10‎/‎1‎/‎2015 at 1:15 PM, USMC_VET said:

    1) Please post your full decision letter, i am going to pull the pin on my sleep apnea claim later this year, also secondary to PTSD. 

    2)  I cant ding the examiner for this because she is not a rater.  However the rater did do the right thing here and abided by their own regs! wow!

    In the M21-1MR, Part IV, Subpart ii, Chapter 2, Section B,6

    Very Clealry states in there that aggravation is one of the big ones with secondary.  And in part d it specifically mentions what must be in the examiners report and specifically says "aggravation.".  Im glad it worked out for you.

    a.  Provisions for Service Connection Under 38 CFR 3.310(a) and (b)

    Grant service connection for the following under the provisions of 38 CFR 3.310(a) and (b):

     

    ·   disabilities that are proximately due to, or the result of, a SC condition, or

    ·   the increase in severity of a nonservice-connected (NSC) disability that is attributable to aggravation by an SC disability, and not to the natural progress of the NSC disability.

     

    Reference:  For more information on service connection for aggravation of NSC disabilities by SC disabilities, see

    ·   38 CFR 3.310(b), and

    ·   Allen v. Brown, 7 Vet.App. 439 (1995).

     

    b.  Medical Evidence Required to Show an NSC Disability Was Aggravated by an SC Disability

    Do not concede an NSC disability was aggravated by an SC disability unless the baseline level of severity of the NSC disease or injury was established by

     

    ·   medical evidence created before the onset of aggravation, or

    ·   the earliest medical evidence created between the

    -  onset of aggravation, and

    -  receipt of medical evidence establishing the current level of severity of the NSC disability.

     Continued on next page

     

    6.  Determining Secondary Service Connection, Including by Aggravation, Continued

     

    c.  Developing Claims
    Based on Aggravation of an NSC Disability by an SC Disability

    When developing a claim for secondary service connection based on aggravation of an NSC disability, ask the Veteran to furnish medical evidence showing the

     

    ·   current level of severity of the NSC disability, and

    ·   its level of severity

    -  before aggravation by the SC disability, or

    -  as soon as possible after aggravation.

     

    Note:  Enclose VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs, in the request letter.

     

    Upon receipt of this evidence, request a medical examination and opinion, to include a review of the claims folder by the examiner, to establish whether increased manifestations of the NSC disability are proximately due to an SC disability.

     

    Notes:

    ·   Do not request an examination if the Veteran has failed to furnish medical evidence establishing a baseline level of the severity of the NSC disability.

    ·   The examiner must have all available evidence for review when providing an opinion on the issue of aggravation.

    ·   Identify the evidence of particular relevance in the claims folder for the examiner. 

     

    d.  Information That Must Be Included in the Examiner’s Report

    The examiner’s report must separately address all of the following medical issues in order to be considered adequate for rating a claim for secondary service connection based on aggravation:

     

    ·   the current level of severity of the NSC disease or injury

    ·   an opinion as to whether an SC disability proximately caused the NSC disability to increase in severity, and

    ·   the medical considerations supporting this opinion.

    Continued on next page

     

    6.  Determining Secondary Service Connection, Including by Aggravation, Continued

     

    e.  Determining the Extent to Which an NSC Disability Was Aggravated by an SC Disability

    To determine the extent to which, if any, an NSC disability was aggravated by an SC disability

     

    ·   determine the baseline and current levels of severity of the NSC disability under 38 CFR Part 4, Schedule for Rating Disabilities, and

    ·   deduct the baseline level of severity of the NSC disability, as well as any increase of the disability due to natural progression, from the current level.

     

    Note:  This policy applies even when the current level of severity of the NSC disability is 100 percent.

     

     

     

    I was reading your current ratings and you have several listed that i have.

    I have had some major ups and downs with this whole claims and appeals mess. I had an appeal for an increase on my feet and headaches/migraines and I even was reporting these headaches on my exit exam and sure enough I wound up with a zero rating. I put in a appeal and that lasted 16 to 20 months to finally be told denied. I got the letter and basically I have to go to the doc and be prescribed some pill to show that I have to be on some medication forever to treat my damn headaches.

     

    I am waiting on ratings for PTSD, IBS, Sleep Apnea, Tinnitus. I was a 12B so lots of loud noise.

     

    I will also go back to my podiatrist to say I need inserts for my shoes even though I have several trips including a surgery and yet they are stuck on a 30 percent rating.. Its such a nonsense ordeal.

  4. 1 hour ago, SgtStelmo said:

    Not sure why you went RAMP but that is water over the dam.  I would do a FOIA request to obtain your up to date C-File.  That will have the results.  This might take longer but with the VA you cannot take chances.  While you are doing a FOIA request you might also ask them for any correspondence between any member of the Regional Office with any other person that concerns you and/or your claim.

    In more cases than not a veteran finds out about his award/increase is from monitoring their checking account.  So if you have not gotten an increase that is a good indication you will not.  Hope for the best.

    Yes my VSO sent me a statement saying confirmed and continued on all 3 issues. So after looking that term up the paperwork i sent in to support my claim must have not been good enough to change anything. I have 4 items in claim status and I have my C&P in 2 weeks. Once that is all squared away I will look at this last appeal that was denied and see about filing again or hiring a lawyer.

     

    I did the RAMP because i was told that it could go faster. I was at 1 year and heard it can take several years so i figured why not. I supplied medical records and thought for sure they would not deny but here we are and they  f me in the butt so yea.. I am not happy and it seems like another 12-24 month wait again but i am not going to simply give up. Example, migraines. I had this on my exit exam and it says service connected at 0 percent. So you would think if you suffered since with headaches/migraines, had brain scans and other trips to the hospital that they might at the very least bump that up but no.. they don't give 2 fcks about us.

  5. 31 minutes ago, 11cvolley said:

    No, it didn't change until the next Monday which was after the next payday. Back then getting someone on the phone was next to impossible. So I can't really say; however, Recently I noticed you'll get multiple varying answers from the #800 number if they don't give you the usual pre-wrote responses.

    I really appreciate your replies. Means a lot. Since the ebenifits updated with closed appeal and on time as it closed yesterday and the fact my rating stayed the same I am loosing hope on that. Plus I called the VA and they said my rating was the same as before and if I got increase that my rating would show that. 

     

    Im hoping that the rating will update today or so and it’s just not updated with VA or ebenifits but who knows. Usually you hear ebenifits being behind and in my case the appeal was marked closed on the actual date so. 

  6. On 8/24/2018 at 9:39 PM, GeekySquid said:

    @adkins7b

    I was 70% PTSD and 10% Tinnitus. rated in 2013.

    VA ordered a C&P review done by QTC. It was on 8/16/2018.

    8/20 Ebenefits status went to reviewing information

    8/21 Preparation for Decision

    8/22 Pending decision approval

    8/22 Preparation for Notification

    8/24 Completed Notification mailed.

    EBenefits as of 6 p.m tonight under my Disabilities shows me 100%

    Under the letters it shows me as P&T

    right now I am waiting for the packet and or the new payment.

    In theory if the VA cut the order for the check today it will actually be in the next months pay. Check requests sent to Treasury by Friday C.O.B. will process and can cut by the next Friday, in this case it would appear with normal monthly compensation.

     

    Probably not, but I can hope.

    So the day yours closed on ebenefits your rating increase changed too. My appeal closed today and my rating remained the same so I guess my appeal was denied : no increase in rating. 

  7. On 4/7/2016 at 5:08 PM, jfrei said:

    I feel your pain with my tbi and obsessions of my claim. But Ebenefits is getting a lot better just this week alone my appeal base been in three stages and now with a VLJ. It said it on ebenefits so called the status line to confirm. It was posted the same day as it occured on ebenefits. I'm sure everyone has a bad experience but it doesn't mean we all do.

    When your status in the ebenifits closed did you see your rating change too? I’ve seen my appeal close out and my rating is same. This closed today. I called VA and it appears I have to wait for package but if they made decision today wouldn’t my rating increase show right now ? If I was getting one. I think mine is denied and I’ll have to hire lawyer or something. It’s such a shitty ordeal. 

  8. 32 minutes ago, 11cvolley said:

     

    When I went from 70% to 100%. The first change I saw was on my monthly comp payment. And I was checking E-ben daily.

    So did ebenefit show your increased rating right away ? I’m upset stressed because mine closed today but my rating is the same. I called VA and they said my current rating was the same and they would increase it once my thing closed. They said they can’t read the letter or go over result but he sorta answered my question if I was denied my appeal since like he’s saying my rating is still same. Does this make sense? Or would they close out and adjust rating later ?

  9. On ‎8‎/‎21‎/‎2018 at 5:14 PM, Vync said:

    I agree with @broncovet.

    When I had claims in the hopper, ebenefits was never 100% accurate until a couple of weeks after I received the letter in the mail.

    Ebenefits is made up of a number of separate parts, but presented through the single web page. If they just closed the claim today, there is a chance that it might be tomorrow or another day before the inner workings of ebenefits get around to re-calculating your percentage. I am speculating, but maybe when the VARO agent closed the claim, it updated the individual claim status. However, there are likely more steps which follow which can trigger the combined rating to re-calculate.

    This is the Golden response that I may be looking for!

     

    I currently have a claim and finally a c&p exams set up Nov 20th. I also had a appeal that started 9/2017 and i choose the RAMP on 8/2017. So today 10/31, I see that my appeal has been closed; decision made and letter sent. I see al of this on my EBenefits but my Disability rating remains the same. I figured that they denied my appeal and that is why my rating is the same? I was hoping the rating would change a day later and wanted to ask others here if they have noticed this same issue. Ebenifits updated with closed appeal but rating was the same for a few days, later changed etc. Some help with this , examples etc would be great. After waiting this long and no increase is a real kick in the face. Plus the VA can not or wont tell you anything ..

  10. I did the RAMP appeal too and what this does is lump this with any current claims you have and its treated this way from what i was told. I logged in today and saw that today 10/31 the appeal decision was made and they send out a packet. So ebenfits did have this much updated. My combined disability is still the same so i assume its either lacking behind or denied. I called VA and rep confirmed closed but did not say decision as its legal / law stuff and that was a headache. So I will have to wait 10 days or so to see that i was probably denied. Or pray Ebenifits gets updated and i see the increase.

     

    I just asked the question today if anyone has had this happen. A decision is made on Ebenifits but rating stayed the same then changed the next day or so..

     

    As for the RAMP, I first did the appeal 9/2017, entered the RAMP 8/7/2018 and received decision today 10/31 so that was fast.

  11. Logged into Ebenefits today around 4pm et. I noticed that the appeal which was actually a RAMP appeal said closed. Updates says Decision Notification Sent etc. The area that shows my current disability rating has not changed and nothing else has changed. The old items that i had listed in the appeal area are gone. I called Dept VA and tried to ask to no avail as they said I have to wait for the letter. My question is since the rating is the same, does this mean no increase/denied or is there a period where this will change, etc? Basically the appeal is updated with the status but takes a day or so for the actual disability rating change?

    Thank you

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