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About chibears3531

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    E-3 Seaman
  • Birthday 12/23/2017

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  • Service Connected Disability
  • Branch of Service

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  1. 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.
  2. 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).
  3. 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.
  4. 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.
  5. 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.
  6. 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
  7. 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.
  8. But what if I'm claiming a secondary condition, the IMO states a causal link between the two conditions, AND the journal articles I've dug up found a causal link between the two conditions thus supporting the theory in the IMO?
  9. If a doctor has written a medical opinion already, are journal articles even helpful to include in the claim? I was under the impression that I was supposed to include journal articles in the claim that support the independent medical opinion.
  10. Interesting. Looks like I'll probably have to see if a private doc will write me the medical necessity letter.
  11. As of April 18, 2016, a 50% rating requires the "medically necessary/required" language. When were you awarded your connection?
  12. I'm claiming OSA as secondary to TBI. Thank you for the journal article. If anyone is reading this or lurking like I was and is seeking more academic journal articles linking PTSD and OSA, the following are strong sources of evidence in my opinion: http://jcsm.aasm.org/ViewAbstract.aspx?pid=29881 https://www.atsjournals.org/doi/pdf/10.1513/AnnalsATS.201407-299FR https://www.ncbi.nlm.nih.gov/pubmed/15253098 http://jcsm.aasm.org/viewabstract.aspx?pid=30015 https://journal.chestnet.org/article/S0012-3692(15)00129-4/fulltext https://www.sciencedirect.com/science/article/pii/S0022399900001471 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5443749/ https://www.atsjournals.org/doi/full/10.1513/AnnalsATS.201407-299FR
  13. I'm awaiting an IMO by a sleep specialist stating that my service connected TBI "at least as likely as not " caused my SA that the VA prescribed an APAP for. I have an appointment in January with the VA doc that prescribed my APAP. I'm not sure how to go about asking him for a letter or statement of medical necessity. My plan is to bring him the sleep study to refresh his memory and a bunch of peer reviewed journal articles showing that breathing devices improve PTSD symptomology (which I'm rated for) to make the case that my device is "medically necessary." That's unfortunate, I thought I could kill two birds with one stone. The same doc who's writing the IMO is filling out the DBQ.
  14. Hey everybody! Long time lurker, first time poster. My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating: Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
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