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Third Class Petty Officers
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About NoZZZ's

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    E-3 Seaman

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  1. I have just gone through the HLR process myself, and having the opportunity to speak to the rater to clarify inconsistencies that I thought were in the denial was helpful, and resulted in my claim ultimately being approved. It can't hurt, as long as you are not too close to your year date where you will loose your filing date if the HLR is not finished. You said that "that statement" was the primary reason for the denial. Are there other reasons for the claim to be denied, in the absence of that statement? If so, you should make sure there is medical evidence in your file that will overco
  2. While UC can go into remission, there is no cure. You can be asymptomatic for many years, but can have flare-ups of your symptoms. If you have been treated for UC, then you should have medical records that you can use to document your treatments, and establish the chronicity and frequency of your symptoms, as well as what was being done to control them, to counter the reduction in rating. The rating would not be reduced because it "should" be better. There would have to be evidence that the VA is using to show that it actually was better. Were you experiencing a period of remission? If
  3. I just recently received the decision...30% for allergic rhinitis with sinusitis. This is based on regular, recurrent sinus headaches and crusting (and persistent post nasal drip) however, and not the retention cyst. The cyst was not mentioned in the rating decision, so I am not sure how its presence effected the claim (if any), other than as a symptom affirming that I have sinusitis. Cysts are not mentioned in the DBQ for sinusitis. I had filed two separate claims, one for AR and one for Sinuses, but they were combined into one rating. I am assuming the AR would have been 0% if it had been r
  4. Willy P, from reading your posts, it seems like your problem has a simple solution, although simple does not necessarily equate to easy. The denial letter stated that you lacked a nexus to an in-service event. So, you need to have a medical opinion that links your current SA to the symptoms you were experiencing while on active duty. Those symptoms (i.e. the Dr. visit) can be your in-service event. Although the C&P doctor had given you an opinion of "at least as likely as not," he did not give a sound medical rationale for it. If the C&P Dr had said that the in-service sleep
  5. Did you have any event in service where you had an injury/sick call visit/complaint regarding your neck? If not, are you service connected for anything that may have caused the neck issue (i.e. secondary service connection)? How long has it been since you left active duty? You will need a Dr. to provide a letter stating that your current neck issue is a result of something that happened while you were in service, and provide a sound rationale for that opinion. You should also look through your medical records to find times where you sought treatment for the neck issue since you left
  6. Your service treatment records from the IED incident may include a reference to a neck/cervical spine injury/issue. These should be in the C-file (as broncovet has rightly advised you to get), since you are already service connected for the TBI. You should keep a copy of your STR's anyway (all of your medical records, actually). Depending on what your records say, to include any treatments or complaints about your neck since the IED (from all sources, not just STR's, including private docs), you can decide to file for direct connection, or secondary to another service connected condition
  7. What neck condition are you diagnosed with? If you do not have a diagnosis, speak to your Dr., describe what is going on, and see what they say is the issue. You can file a claim for "cervical strain," which is general neck pain, but it would be to your benefit to have a diagnosis first, as that is one of the Caluza elements: 1. Current diagnosis 2. In-service event (or something to secondary service connect to...) 3. A link between #1 and #2. And, more importantly, you can start getting treatment for the condition. No reason to suffer.
  8. I read this as meaning that for secondary service connection, you do not need the above to happen while in service. You do need the diagnosis, etc., at some point in order to claim it as secondary, but just not while in service (as long as you have something to secondary service connect it to).
  9. Did you appeal to get a higher rating, or was the new C&P for a new claim for increase?
  10. It is difficult, but not impossible. Secondary service connection, as in Pattons case, is slightly easier from a service connection perspective because the time since service is not as much of an issue, as long as you have a sound medical nexus linking your already service connected issue to the secondary claim (as Patton had done, and it still took years of appeals). You do not need the in-service event for secondary connection, because you already have the service connected issue you are deriving from. For direct service connection you will need something tying your current neck proble
  11. Is there evidence that you had neck and back issues (sick call visits, an injury or accident, a diagnosis, etc..) in service (an "in-service event")? I second the likely need for a medical nexus opinion connecting your current condition to the "in-service event," particularly since there has been so much time since your active service.
  12. You may need (or want) a medical opinion (nexus letter) linking the radiculopathy to the currently rated condition, and not another issue that may not be service connected (if there is one). This can be from the Dr that treats you for the back issue, if they are willing to say it is "at least as likely as not" causative, and the reason why. You do not have to have an EMG, but most likely will. You can still be rated with radiculopathy even if the EMG shows no nerve damage, as it can be caused by intermittent nerve impingement, and not just nerve damage/paralysis.
  13. You will have to determine three things to file a claim for compensation: 1. An in-service event (things like a diagnosis, or sick call visits, complaints of lung issues, documented exposure to toxic chemicals, etc.) 2. A current diagnosis of asthma or other lung issues. 3. A "nexus" between 1 and 2. You have to show that what happened in service (#1) caused or made worse your current medical issue (#2). This can be the most difficult part, especially if a lot of time has passed since discharge. For direct service connection, you have to show that what happened to you then is ca
  14. Chronic pain (i.e. somatic symptom disorder 9422) is a mental health claim. You are being rated on the symptoms the pain is causing. For example, you have pain daily arising from "lumbosacral strain." This pain causes you to feel depressed and you have difficulty concentrating at work, thus decreasing your quality of life, and your earning potential. The severity of the depression and concentration symptoms, and their impact on your life, will determine your rating, in accordance to the rating schedule for mental health claims. Otherwise, pain is taken into consideration in musculoskelet
  15. One last thing...you will need a Dr. (best if it's the one that prescribed the CPAP) to state that the CPAP is necessary (not just recommended) to treat your SA. This is important for reaching the 50% threshold. The argument that "they wouldn't give it to me if it wasn't necessary" does not suffice, as correct as it may be.
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