SgtKidJoe

As a follow-up, I received my CD yesterday. It doesn't come as any surprise that it contained another vet's PII and their request.

Did the FOIA today and faxed the request it. Thank you to those that replied.

I filed a Claim in Aug 7, 2022 for multiple issues. I've been thru 8 separate C&P's, yet I could not find a copy of the C&P's this this claim or any other. I made a special trip to the Hampton VA records and requested any 3rd party (LHI, QTC, etc) and related imaging so I could review it. I was told to contact the VBA and possibly a VSA. Has anyone else gotten a copy of their C&P's? If so how? Thanks

Here in the 757, I have seen a local lawyer (Don Macari) that had a number to call for guidance. I have no doubt, there will be more mayhem and confusion with this since you can't double-dip, and provide more excuses to punt things down the line.

At some point, there should be a published document to correctly sort and evaluate these decisions. If not, I would love to see it somehow tied to waste, fraud and abuse. Hoe can any organization receive corrective direction, and it continue to get FUBAR's? It's amazing to me that this is still continued to be decided individually, vice training and procedures to correct these decisions. And there should be interest charged. The IRS taxes the crap out of money you owe them, and hits you with interest. We should be able to do the same somehow.

To be honest, I don't remember.

I think that is incorrect. The point of filing after a year is\can be documentation. I'm fighting this now w/ the VA I filed a claim in Oct 2014 for SC for RT foot Arthritis due to jump requal injury. March 2015, VA said, you had injury but not disability, even though I had multiple medical visits due to damage to both feet. Said it wasn't service connect. I filed a supplemental claim Jan 2017, and included the copy of my TAD orders, which they did not have, did not search for even though they are supposed to have a duty to assist. was granted SC, but effective date was date of supplemental claim. I found in 38CFR, that official documentation (TAD orders) were cause for the change of original date of claim. So now that sits before the BVA, pending 25 months of 20% in backpay and correction of date of award. I filed a CUE, but the VA doesn't have a duty to assist and IMO, a waste of time and effort., and was denied. File your NOD or Supplemental claim, and review the 38 CFR for the documentation needed to get the change of date.

Same here, only meds listed. This would have been an awesome find.

Keep up the fight. I have 2 appeals before the BVA. Dr Anise wrote my IMO for OSA secondary to Sinusitis, tinnitus, and something else. When I originally submitted it thru the VSO, he freaked out because of the many pages and documentation. Yet it was denied. I have been in this appeal process since Aug 2018\2019, can't remember. The person that rejected my claim is a geriatric nurse that wrote that she consulted wikipages and found "more credible" evidence there against my claim. And that I should continue my therapy for my medical issue, even if it isn't disabling??? WTF?!! It is extremely frustrating reading stupid crap like that, especially from a trained nurse. One would think that there would be a checklist or a flow chart to help the rater make a simple but accurate decision. Just remember, it costs you nothing more than what you have in it to continue the appeal. But it costs you more when you don't appeal. Fight, Fight more, find away forward. Look at any other issues you may have and fully document them and file for them. It's about documenting your disabilities. Before Military Disabilities Made Easy became a paid site, you could look at the criteria needed for each issue and provide evidence to support your claim. I only used it for my 2 months to support my recent claim. I also sent in everything I referenced, even if they had a copy of it. I also had a statement from my wife, and I submitted a statement of my own, describing the condition I was filing for, how it affected me, my ability to not be able to do things, the affect on my family. I had a 1stSgt tell me one time, you gotta potatohead things for people. Make it simple and straight forward for them to follow the path you want to lead them on. I'm not saying it is a guaranteed path to getting it approved, it's just what I have done. So it won't surprise me if my recent claim is denied in part, or in full.

Capitan, no, I can still work, albeit it with a reasonable accommodation. The TDUI route may be some, but currently not me. Getting back on target, I'm just asking if there has been a law office, non-ambulance chasing type (1 each), step forward for vets on this.

no, I can still work, albeit it with a reasonable accommodation

I was there for SOI 11/87 to 2/88. My SC are 70% PTSD, 20% rt foot arth, 20% lt shldr arth, a bilateral and 3 10%. Got 2 pending appeals before VBA, one for OSA\CPAP 2nd to PTSD, Sinisitis, and tenitis, second for incorrect date of rt ft arth. Just filed one for rt ankle arth & pain (this should have been rated back w/ original denial of RT Foot); Rt foot pain; lt foot & ankle arth & pain; Increase for Max sinusitis and asthma as a GWI presumption: and obesity 2nd to RT & LT foot and ankle arth.

So what is the path forward? I was there during the time frame, but don't have any cancers or other issues listed, at least undetected at this time. I see all these ads for pseudo law firms, that reading their fine print states they don't accept some clients in some states, or they are a referral service. More ambulance chasing? Where is a legitimate legal counsel that can be contacted? I have never filed a claim for this, and if I'm eligible, don't want to miss any time lines.

CUE came back denied, I will attach the decision. So, I noticed they said "reopened", which to me says the EED should be changed. At this point, since they are sticking to the Plantar Fascitis, I will need to refile for Foot Arthritis And Pain according to Degenerative Arthritis (Diagnostic Code 5003). Any thoughts or advice?

Update, VSO discussed w/ regional lawyer and wants to pursue CUE for the Rt foot wrong coding and back pay.

I was able to get in with the VSO. Going forward, the CPAP nexus from Dr. Anaise has been submitted under the new process as a supplementary Claim.

So, I received a IMO from Dr. Anaise. He tied my OSA to PTSD as a 2ndary condition. He also tied it 2ndary to SC Sinusitis, & 2ndary to SC Tinnitus. In contacting my VSO to file this NOD, the VSO said this would be a walk-in. I have tried 3x to do this via walk-in, but was given one excuse after another, so I am thinking about filing the NOD myself online. My hold up is, how do I add the 2 other 2ndary conditions, or do they need to be a seperate filing once the existing claim and NOD are completed. The NOD would also include the 38 cfr 3.156 c reference tied to the new service record that was added.

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broncovet, how would I write that in there?

The first decision was 2 March 2015. I refiled on 18 Nov 2016, w/ final decision 13 March 2017

broncovet, The orders was not in my service records. I had to supply the copy of the jump orders, even though my medical records do show the injury.

Family Dr IMO

Decision 21 Nov 2016, after filing for Rt Foot Arthritis

You did. I have been dealing w/ PTSD issues.

Initial denial is 2015-03-02 and posted. 2015-03-02-VA_Decision_edited.pdf