GBArmy

Hi John. It is great that you get so much relief from your CPAP machine, often people have a really hard time adjusting to it while sleeping. Usually, it is the other way around; heart issues can be caused by osa and sleep apnea. Not impossible, but you will need to get a really strong medical nexus to make it go.

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Alex, Bronco and T-Bird and, all the terrific people that contribute to this site are flat out fantastic. I would be proud to call any of them friends. What I have learned my short time on this forum is that these people are taking up a lot of their time to share their knowledge and help our fellow brothers and sisters try to beat the SYSTEM known at the VA. Most of the time their advise is correct because they have been there, done that. It sure beats going out and trying to invent your own wheel. And I would like to think that everyone that responds to a veteran's issue is trying to help that veteran, like Alex says, by paying it forward. I have had help with my claims and that is why I try to pitch in when there is something I can contribute to, which takes a little of the burden off the regulars. Make no mistake this forum is the best I have ever seen, and it is due to the great advise given. Thanks to ALL involved, and keep it coming.

Acesup. Good to know but that said, I wonder why they withhold only on agreements 20% or less. Seems odd, but then, we are talking about the VA.

From what I have seen, when you win your claim, the fee to the lawyers is automatically taken out of the settlement and you get the balance. I also believe that the VA is supposed to get a copy of your contract with the lawyers and they are supposed to make sure that they aren't charging too high a fee. (I seem to think the "normal fee" is 20%. plus expenses such as costs for IMO or dbq's.) If that is the case you should be able to get an answer from the VA Benefits office.

Yes, put in for the claims. If you have a "long list of doctors looking at you feet", get copies of their exams/diagnosis from ebennies. You should request all your medical records also, and more than likely get a new medical opinion that is favorable by documenting with a dbq. If your new condition/claim is secondary to your original disability, a good nexus letter from an outside specialist is going to have a great bearing on your new claim. And no, I agree with Bronc, if your disability has indeed gotten worse, not better since your last C&P exam, you don't have anything to fear about a reduction. You might even be lucky and if it has gotten worse, you could get an increase. First step is to get hold of you medical evidence and see what you got.

Berta, so to get your C-File per your instruction, a couple of questions; 1) do you request it by return receipt requested and mail the request to Janesville, Wi. ? 2) if you have an open claim/appeal, will that in itself cause a delay in the claim or the request for the file?

Vinny. You need a good IMO; espophageal cancer is not listed as presumptive to the dirty water at Camp Lajeune. Do your research. Look up what are the best hospitals that treat that awful disease. Read articles and, more importantly, the specialists that write them. Contact them and see if they can write an IMO connected the contaminated water with the disease. It has to cite studies or clinical events that show the connection with contaminates found and they cause cancer. Be sure they say that in their professional opinion "it is more likely than not" the the ec was caused by the water. Have the doctor show his professional resume/credentials showing his opinion is creditable. The IMO is going to cost you some money, but it is probably your best shot.

thanks Oceanbound for giving a real personal story of what it is like to get what you deserve from the VA. It isn't easy dealing with the VA, and I'd bet my last nickel that it never will. But this community helps those who reach out to it and tries to make it a little easier, and hopefully, a little less wasted effort/time for the veteran. Again, it is encouraging to hear what others have experienced and are willing to share that knowledge with us.

IMHO the Senate isn't going to let what happened last year to happen to this one. I believe the Senators took a lot of heat. With the House passing it 400 something to zero, there is going to be a heck of a back lash if it doesn't pass again this year. Rightfully so. As the saying goes, "if you don't take care of the veterans after they have made their sacrifices, you wont have to worry about that for future veterans. There wont be any."

I wonder if it wouldn't be a bad idea to get a copy of the emergency room report/diagnosis to your C&P doctor. I can't imagine it would do you any harm and might influence a better eval from the evaluator. Not sure how to accomplish it? Maybe the hospital patient advocate could help?

GERD should likely have a connection with PTSD, IBS, because of the meds you take.

Shrek GERD can be connected also to code 7346, related to hiatal hernia under CFR 4.114 From what I have found so far, a common secondary from taking some meds, sometimes for PTSD treatment over time. I don't know if you served in Nam or not, but I have not yet found any connection to A.O. If you are diagnosed by VA for GERD, they should prescrib meds; I have taken Pantoprozole for years and it does help keep the acid reflux under control. Sometimes it can develope into Barrett's Syndrome which can then turn into throat cancer. Certainly doesn't happen all the time, but you want to stay on top of this. Good luck brother.

I just had one recently also. You can call the 1-800 number (Peggy) and see if they can tell you where else you can call if they can't give you an answer, you could call the white house hot line and complain that the site doesn't give out answers and that is the whole reason why the site exits and see if you can get a quick response, you can call the Regional Office you submitted to and see what they say, and you can call your Congressman's office and speak to the Veteran rep. The answer is this is a new (delaying) tactic the VA now has and if we don't complain, they won't fix it.

Both Brokensoldier AND Shrek are right. This a forum and the folks respond to questions are doing so based on their experiences and from their bumps and bruises they have gotten along the way. Both are great contributors to this place where veterans can get some really great advise. I agree with Brokensoldier flat out on one thing: I seriously doubt Dr. Bash actually said he would get you to 100%. I wouldn't use any doctor that said that because they have no control on what the VA finally decides. Maybe you are misquoting what he said, and hes really said he "thinks" you will get there? Anyway, the choice of using a doctor for professional help, an IMO or IME is strictly up to personal opinion. Use this site to get valuable information based on people that have gone thru what you have to do. Certainly some disabilities are more clear cut and you shouldn't have much difficulty using our advise and getting them approved. Maybe some other disabilities, based on your personal situation, are going to be a lot harder to win. Some veterans just want assistance in doing this. I usually ask a veteran this question: would you rather have 70% of a pot of money, or, 100% of a pot with no money in it. If you win with a lawyer, you pay him maybe 20% plus expenses ,and you then get 100% yourself going forward. If you lose, you get nothing unless you appeal. Part of this important decision is based on the probably that the veteran will just give up after denial and not attempt to appeal. They just get frustrated and give up. If that is you, get help. Understand that if you have a complicated case, you will more than likely have to appeal something on it. That is when you get the lawyers involved. An IMO you can submit on you initial submital if you want. My whole point is do what you want to do; it's your claim.

Swiftsig Great response from Shrek. All of them sure appear to be in you favor. When you get your written response, BBE, they give you a final combined rating based on all the individual disability ratings. You will want to run those values in a combined-disability calculator to see how it compares to what the VA gave you. I know, it's hard to believe, but sometimes. yes, the VA makes mistakes! I like this calculator: http://www.vvaarizona.org/combined_disability.php Then, you have to see how much you need to factor in what your effectivity date is; with all your disability dates, you possibly can have more than one. If you don't agree with the back pay because of the effectivity dates, that is a NOD also. Be patient and wait for your BBE; should be there in a week or so.

Hamslice-I feel for you brother. The good news is that it is pretty rare that it will turn to cancer, but of course, it depends on how (un)lucky you are. I have had GERD/Barrett's for years and take Pantoprazole prescribed by the VA. My issue is I can't figure out how to get it s-c, but it sounds like you have something in your records that you can connect. I thought maybe an A.O. connection for mine, but so far I haven't been able to find any evidence. As soon as you get the report, start working on your claim. Good luck!

Seems like you have to get an independent medical opinion, or exam, from your own specialist which can show how bad your back really is. You had one c&P and they knocked you down, you asked for a re-schedule because they were going to give you an exam by another nurse which they have agreed to, and now they want you to get an exam from another non-specialist. They don't have to go along with another request for change. They have built a case that you just complain on the exam, who, by the way, they can have anyone do it they wish. I don't see anything else you can do. If you get a favorable exam from your own expert, you should win on approval. Find someone ASAP, and bring it with you when you go for your C&P. If you had a reasonable relationship with you old doc, maybe he can give you a favorable with your new evidence. If not, you appeal again.

Congrats Mary! That is great news, long time coming. You might want to contact Alex/Asknod and see if there are some potential smc action you should follow up on. On something like this, that has been anxiously awaiting for such a long time, a little word of advise. When the back pay starts coming in don't go off getting a big expensive item you have been dreaming about. Sure, pay off bills that are past due, but sit on the rest for a while and let the dust settle. And, unfortunately, the VA makes mistakes on back pay (as well as just about anything in the benefit claims process). If they mess up and overpay you, they will start taking a chunk out of your disability check until it balances out. If you have most of it you can cover that situation if it did come up. Again, congrats!

I am sure if your Congressman has a GOOD veteran rep working for him/her, they should be able to advise on the process because many of their constituents experience financial hardships. Obviously, you will have to submit on some form in writing.

Vetquest it seems to me that the examiner has provided new and relevant evidence. The VA can see that at a minimum, the fact that she has provided statements that contradict what they had developed from her initial exam, something was "wrong." They have to carefully reconsider what she clarified. As you already stated, if you go Supplemental lane, you can still go to BVA if needed later. Why throw away a free pass; go supplemental first is what I would recommend, and if denied, you go again. Its supposed to be 125 days max, a reasonable cost for an "extra" chance.

I also understand that if you are in financial hardship, you can apply for an expedited payment, on at least any new s-c condition that was found and awarded while the other(s) are being worked on.

Geekysquid-Good S2 work; sounds good. At least I hope you are correct; ITF is one of the best things a veteran can use and it would be a real shame if they took that tool away. I know veterans that use it as soon as their current claim is approved for a new claim. Then they just go get the new evidence while locked in on the filing date. I bet you know others that do the same yourself.

I'm with Geekysquid; I know Alex knows his stuff, but no longer ITF is a BIG deal! It changes how people will approach their filing, not to mention their effective date. If we can see a link, I would appreciate it.

Becky on your bp issue: I think you might be alright, but understand, we are dealing with the VA here; it's their ball and sometimes they follow the rules and sometimes not so much. The VA provides the bp meds, so they are "agreeing "with your civilian doc that you have high bp. The rules basically are you take 2 or more bp readings at the VA facility a day and it is done on 3 different days. If the first number, the systolic, is "predominately" 160 mm or greater, OR the diastolic, the 2nd number is "predominately" 90mm or greater while under medications, you are rateable. See the diagnostic code for ranges/values. But, as we said before, usually your readings are going to be pretty good because you are on meds that are supposed to control it. There is an out for you though. According to M21-1, part III, subpart IV this evaluation doesn't have to apply IF hypertension is secondary to a s-c condition. I believe that's you. I think if you can get your medical records from the doctor that initially prescribed your bp meds and submit it as evidence, I think you are good. Full disclosure, I am not a doctor, and I don't play one on TV.