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chibears3531

Seaman
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About chibears3531

  • Rank
    E-3 Seaman
  • Birthday 12/23/2017

Profile Information

  • Military Rank
    E-4
  • Location
    Arizona

Previous Fields

  • Service Connected Disability
    60%
  • Branch of Service
    USMC

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  1. How did you service connect cubital tunnel syndrome? I have the same condition (numbness, splints to keep my arms straight at night, etc).
  2. Great advice. I also just recently started Leviathan Wakes.
  3. I hear you. As it stands, I'm saving CUE as my last possible resort. And I'd go with an attorney if/when it comes down to that. I attached a copy of the C&P exam in question. Pre-discharge va exams_Redacted.pdf
  4. I was clearly diagnosed with migraine headaches in service (346.90), that paperwork is in my C-File, and they had it in their possession at the time of my claim for migraines. Thanks for the link. Very interesting article. A doctor wrote an opinion that agrees with the TBI-OSA connection (see attached). Is the 2008 C&P exam considered "new" evidence for a supplemental claim? redacted imo_Redacted.pdf
  5. The issue: I’m on the verge of filing a large VA claim to include migraines, erectile dysfunction, obstructive sleep apnea, and a few other conditions. However, I think I may be eligible for an earlier effective date going back to 2008 for the migraines and ED. I’m hesitant to file for the migraines and ED in this claim because I do not want it to nullify my chance at an earlier effective date. Background (long read, sorry!): After reviewing my C-File, I'm pretty sure VA underrated and possibly clearly and unmistakably erred (CUE) 11 years ago in their decision based on the detailed evidence from their c&p examination. Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits. They conceded I have cognition issues from all the concussions and awarded 10% for: “traumatic brain injury with post concussive syndrome (also claimed as migraine headaches)” This was despite having an in service migraine diagnosis (which was in their possession at the time and in my C-File) and the fact that their C&P examiner said that I have “prostrating migraines 4x per week”. Unless I’m mistaken, if the VA had in their possession evidence that would warrant a higher rating of the migraines at time of the decision 11 years ago, they violated 38 CFR 4.6. Additionally, while I did not claim erectile dysfunction, I think this may have been an “inferred claim” seeing as the c&p examiner noted: “Q22. Sexual functioning? A22. Yes, problems with achieving and maintaining erection. The veteran has started to use Levitra, which helps. He mentions he has been taking Celexa, had been discontinued, and has less of sex.” “DIAGNOSIS: Traumatic brain injury with post concussion syndrome and migraine headaches, and erectile dysfunction (with etiology as least as likely as not related to the TBI).” I've heard that the VA stopped honoring claims to re-open so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (he was an internal medicine MD). Finally, just to re-iterate, I’m hesitant to file a claim for migraines and ed in this new claim because I don’t want to possibly lose my earlier effective date by doing so. My tentative plan is to include them in the new claim anyway and in a statement ask that the “TBI with PCS (also claimed as migraine headaches) be split into “8045 TBI residuals” and “8100 Migraines” with each condition being rated separately. Then after the decision is rendered, file a supplemental claim with the 2008 c&p exam notes appealing for an effective date to 8/31/2008. If that fails, that’s when I would look toward filing for a CUE. Does this sound like a solid plan of attack?
  6. I appreciate everyone chiming in. Would the C&P examiner's notes be considered new and relevant evidence? It's new to me having looked at my C-File for the first time. But I'm guessing that doesn't it qualify as "new" for a supplemental claim. It's sounds like more of a CUE claim but I'm saving that one for last resort. I'd also let an attorney handle the CUE if it came down to that.
  7. After finally getting my C-File, I'm pretty sure VA underrated me 11 years ago based on the detailed evidence from their c&p examination. Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits for them. They conceded I'm a bit messed up from all the concussions and awarded 10% for "TBI to include migraines" despite having an in service migraine diagnosis with lots of follow up treatment and medications while still in service and to this day. Plus, the fact I that I just found out from the C-File that their C&P examiner said that I have prostrating migraines 4x per week with detailed notes about what they do to me. I just heard that the VA stopped honoring claims to reopen so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (it was an internal medicine doctor).
  8. Thanks everyone. I'm going to file all the claims at once. I've already got an intent to file from December so I'll be good to go to prepare everything needed.
  9. I hope this is the right section for this and I apologize if I got it wrong. Anyway, I requested my medical records from the North Chicago VA (Captain James A. Lovell Federal Health Care Center). They're a joint DOD and VA facility. I later received a stack of almost 100 pages of mostly VA records but also DOD records seeing as I was on TDRL and eventually placed on PDRL. However, I received a medical evaluation of a veteran who is not me. Different branch of service, rank, age, etc. But all of the headings for the evaluation were under my name, rank, DOD ID #, etc. The medical evaluation goes on for almost two pages talking about his issues. The date was wrong too. My exam was on 2/26/2014 and his was writen on 3/7/2014. I contacted the Release of Information branch at North Chicago but they said I need to make a FOIA request to get a hold of my missing exam and correct the record. Is this right? I've left messages with the number she gave me (410-965-1727) but so far no call back. Any advice is greatly appreciated.
  10. An advantage to submitting everything in one claim is more potential back-pay due to an earlier effective date. However, do you guys think that a large claim containing multiple service connected disabilities and IU would be more likely to fall under additional scrutiny or is more likely to be denied? Versus filing for one service connection at a time and waiting for the decision before filing for the next connection? My VSO wants to file everything at once in one claim but I thought I'd come here and get a few other opinions considering the WEALTH of knowledge and experience within this community. I have a "fully developed claim" for obstructive sleep apnea secondary to TBI ready to file. I'm also gathering evidence for migraines secondary to TBI and IU. Thanks for listening.
  11. That's very impressive how your hard work (and Dr. Bash's) eventually lead to you winning in the end. I'm happy you and your family finally got what was due. The attached file is NOT the IMO in question but it is from the same company called "Valor4vet" and presumably the same FNP working on the medical opinion regarding my OSA. It's for another claim linking my migraines to my service connected TBI. Nexus_Letter_revised.pdf
  12. I read a very informative post of yours at the top of IMO criteria forum and I had a question about doctor credentials- does the title of the medical professional come into play often during VA claims? The reason I ask is because the IMO I have has come from a Family Nurse Practitioner. I just hope that the VA doesn't try to invalidate my IMO's credibility by using say the VA's staff neurologist, for example. By the way I just want to say thanks to everyone in this thread. You all have been extremely helpful.
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