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JKWilliamsSr

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JKWilliamsSr last won the day on November 8 2021

JKWilliamsSr had the most liked content!

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About JKWilliamsSr

Profile Information

  • Military Rank
    SSGT (USAF)
  • Location
    Houston, Tx

Previous Fields

  • Service Connected Disability
    100% P&T
  • Branch of Service
    USAF

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  1. The issue from what I can isn't that you don't have enough medical evidence, the issue is overcoming a negative opinion from a C&P examiner. From my own personal experience most VA C&P examiners are unqualified hacks. That may sound harsh but my struggle was long and unnecessary. I think the simplest way is to have your treating physician state in your medical records that your condition is caused by the medication you are taking. Do you have something like that already in your medical records somewhere?
  2. I don't think anyone here has ever disputed what you just stated. However, the majority of people that have been saying a nexus letter is needed is because of a VA denials, especially when it comes to secondary conditions. I have had a number of denials from the VA with plenty of medical records after service to go with what was in my SMR's and yet I would still be denied based on a negative opinion from a VA C&P examiner. That is just the direct service connection claims that should have been common sense. Every secondary claim I ever filed on an already service connected disability was denied. I had medical evidence to support that as well but would be denied because of a negative opinion from a C&P examiner. Would I have won at the BVA level? I would like to believe I would but it would not have been easy because at the VA's disposal would be a negative opinion from their own examiner and I did not have any medical evidence to dispute it only medical records that show a diagnosis of the claimed condition. As a lay person I am not qualified to provide a medical opinion. I can report on my symptoms but no judge would take my "medical opinion" over a trained medical professional. So to me it was prudent to get a nexus statement from an outside doctor and because of that I am 100% P&T and in getting that rating the BVA judge cited my outside medical nexus in granting service connection. There are pros and cons to both. Each person has to look at what they have in their file. However, I will say this. If you have a negative opinion from a C&P examiner the smart thing would be to get an outside opinion to counter it.
  3. Has anyone cited BVA decisions in an appeal? The reason I ask is I found some BVA decision that are very relevant to my appeal. I know that BVA decision are not precedent setting and my citing is not claim that. Only to point out that recent appeal grants speak directly to the issue I have. I tried searching the forum because I thought this was asked before but could not find anything.
  4. Has anyone had any success with this? If so what was the timeline? I put in a request to see if I could get some type of status for my C-File request. You get an email saying you can expect a response in 7 days. Well after 15 days I did not get a response so I went back into the system and requested an update to my request. Well so far it is nothing but crickets.
  5. This right here I believe is very important. I am doing an appeal to the BVA for an EED but before I started this process my attorney sent me a signed release closing my case after I was awarded 100%.
  6. I agree with all you said...shortened the quote for brevity sake. I am still within a year of the HLR decision. In fact I am still within a year of the decision I filed the HLR on. I would prefer not to file a CUE and I more than likely will not. I just wanted to make sure I did not need to. My concern is what kind of argument the VA will attempt to make when I file citing 38 CFR 3.156(C) and I am probably overthinking it. I used service medical records that the VA had in their posession to have my claim reopened. While working on this reply I went back to review some information and may have stumbled on the answers to some of my questions. I am not sure how I missed them but it goes to show that you need to keep reviewing to make sure you get it all. One of my HLR decision letters while full of denials may have the information I need. This is the one letter where there is a full detailed accounting of the evidence used. It appears my service medical records could have been scattered because there are 5 dates listed when the rater states service medical were received. (Sep 20, 1996, June 27, 1997, April 16,2016, September 16, 2019, September 25, 2019) One of these dates one of them stands out: April 16, 2016: These records were received after my 2013 Statement of Case. I do not know specifically what records were included here because the C-File I received from the VA do not have dates on documents on when they were received but I guess that date is somewhere but not in my C-File. I will say that these records did not come from me. When I filed my supplement claim in 2019 I submitted a statement in support of claim stating the reason the foot claim should be reopened and stated I was submitting service medical records. In this statement I cited 38 CFR 3.156(a) and 38 3.156(c) because I did not really know which would apply and wanted to make sure I was covered. Regardless of what reasons they were still required to consider all reasonably raised issues (Robinson v. Peake). This was also raised by my attorney during the HLR ( 38 CFR 3.156(c) ) I plan on pulling a lot of my argument from Emerson v. Mcdonald. A precedent setting case that was decided in 2016. One key thing that this decision sets is that if the VA comes into service medical records that were created but not part of the claims file they are required to readjudicate per 38 CFR 3.156(c)(1)
  7. My C-File does not have this. At the bottom each page it states "Copy made from VARMC, ST. LOUIS from a record in VA's posession." There is no date.
  8. I am in the process of working on my appeal for an EED for Bilateral Pes Planus with Plantar Fasciitis rated at 50%. Here is a history of my claims. 1. Filed a claim in 2001 to file for foot disability with a VSO. Nothing was done about it. The VSO made a couple requests following up and it was ignored. 2. Jan 2002 with a different VSO my claim opened. It is denied by the VA stating that service records show no complaints of claimed disability. I did not appeal. 3. Filed again in 2009. Claim was denied because I did not submit new and material evidence. 4. Filed a NOD in 2010. It would take the VA 3 years to respond. 5. June 2013 - I get a statement of case where the VA stated again that I did not submit new and material evidence. They also stated service medical records show no complaints of claimed disability. 6. In 2018 I get my C-file and find in there service medical records that show proof of my disablity. My service records show normal feet on my entrance exam. Two doctors visits showing diagnosis of flat and plantar fasciitis. An Xray confirming flat feet diagnosis and an exit exam showing abnormal flat feet with a pes planus diagnosis. 7. in 2019 i File a supplemental claim for flat feet and I submit the service medical records I find in my C-File. I also submit an IMO from an outside doctor. I get an exam. I get service connected but lowballed with 10% 8. In 2020 I hire an attorney and we appeal the decision with another supplemental claim for a higher rating and EED. I get rated at 50% but the EED is denied. The decision would be in early 2021 9. We file an HLR for the EED and that is denied. The senior rater said no error was found....surprise suprise. Here is where I run into my dilemma on how to tackle this. The VA has repeatedly denied me by saying my service medical records show no complaints of the claimed disability. However, the evidence I use to force them to reopen the claim is service medical records I got from my C-File so it is clear they had the records. I do not know if this would impact 38 CFR 3.156(C) because these records clearly are part of my claims folder. Of course I can't say as to when they became part of my claims folder. They could argue that the 38 CFR 3.156(c) does not apply but then that wouid bes a clear CUE because they had the records and ignored or missed them. While reviewing my letters I noticed something odd. All of my decision letters list as part of the evidence my service medical records with the exception of 3 and all of the apply to my recent decisions related to my feet. The letter that grants service connection and low balled me at 10 percent do not list the records but cite 38 CFR 3.304 for direct service connection. My decision letter that grants me 50% also does not list my service medica records. The HLR decision letter where no error was found also do not sited service medical records. I think this is intentional because citing this as evidence clearly would show an EED is warranted. The reasons and bases do not explain why they granted me service connection. They only cite the CFR and make not mention of any of the evidence.
  9. If they have given you the full amount then they attorney is not getting paid by the VA. They would have deducted any payments due your attorney before giving you back pay.
  10. Do you still have the denial letter? If you can put what they list in the reasons and bases for the denial we may be able to give information that could help there as well. Are these conditions service connected but rated at 0%?
  11. Any service connected disability only has to shown to have been caused or aggravated while on active duty. If I am understanding it correctly some of the PTSD and Insomnia symptoms overlap and one could easy tie the symptoms to both of them. Most people will not be seen for PTSD issues while on active duty because that would be a fast track out the door. When filing for PTSD the stressor would need to be shown to have occurred while on active duty. For example a friend of mine did not file for PTSD for 10 years after he got out. When he finally filed his service records showed him being in combat areas and I believe he had a combat service medal.
  12. The key here is how they are rated. They are both rated as a mental disability and pyramiding laws prevent them from being rated separately since symptoms will overlap. I do not believe it is possible to rate them separately. I have seen where people get service connection for insomnia secondary to PTSD. I have not seen where they get a separate for it. I am not rated for either and do not want to speak out of turn. Hopefully someone with experience with these can chime in. I have seen this particular issue discussed often wondering if it is possible to get mental disabilities rated separately and the answer seems to be mostly no unless it is specificially allowed such as eating disorders. I get that info from CCK law firm website ( https://cck-law.com/blog/va-disability-rating-for-depression-and-anxiety/ )
  13. If this isn't the truth I don't know what is. I am about to file an appeal for an EED based on 38 CFR 3.156(c) My original claim in 2002 was denied saying it wasn't in my medical records. I filed again in 2009 and denied again for the same reason. They were quick denials. No exam or anything since the claim is it was not in my records. in 2018 I get my C-File. Find SMR's what show the disability. When I filed this time I sent in the SMR's with my claim. Get an exam. Get lowballed. Appeal that and get 50% for my feet. You have to pay close attention to what the decision letter has in it and what is not in it. My letter says I am granted service connection based on 38 cfr 3.304 but under evidence it does not mention my service records at all. In fact it does not make a reference at all anywhere in the letter how they even applied evidence. just cited the CFR and figured that would be enough.
  14. I understand. My actual intent was to provide the minimum necessary. That is why we are all here. To point out mistakes to make it easier to understand. Fighting the VA is hard enough.
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