GBArmy

Jayco You should order your c-file if you haven't gotten it yet; there can be some valuable insight on your previous claim process, etc. The thing is you can't make the nexus for connecting HD and renal or kidney. You need a medical doc to do that. Two approaches: go do your own research and find the connection of medical published studies, trial. journel articles on research etc. that show the link. Then get a specialist to write the IMO nexus if he or she agrees with the connection and can use it as reference backup for their opinion. Or, you can go and get a nexus from a doc that does that. It is expensive, no guarrantees of approval, but much more likely you will be sucessful compared to the first method, because they are familiar with the VA claims process. By the way, I believe there is a connection between sleep apnea and HD also. https://www.ncbi.nlm.nih.gov/pubmed

Ebenefits is a VA tool a veteran can use if they wish; it is not a right. The laws in this country are written so someone wishing to obtain a service which can be linked to personal financial info can be evaluated for a credit check. Ebenefits has financial info ex. you can have direct deposit of benefits. The VA is linked to and has access to your IRS and SS records. It is the way it is for the 21st century. Whether or not we like it really isn't going to change anything. If you chose not to get the premimum level is certainly up to you.

Osidevet I would submit a HLR.

I think you should file for an appeal, either HLR or, with additional evidence from a private doc, a supplemental claim. You didn't post your decision letter, but if it said in writing that you are denied Tinnitus because you didn't complain in service is not a correct decision; you can develop it later.There is no time requirement on diagnostic code 6200. It can start while in the service or some time after you get out. The fact that you have "some" loss of hearing, although it did not meet the minimum requirements for a rated disability, is evidence in your record of a problem.. In addition. Tinnitus and hearing loss are two separate disabilities and are rated separately. What was your mos? If your service records show that your job exposed you to loud noises, that is also evidence for service connection.

Marinevet26 I agree justtryintomakeit here. The examiner is being encouraging. She is telling you that although she is providing enough info for a positive rating for your current disability claim, it is not her decision on what the final rating will be. That would be done by a VA rater. She is also saying that because of VA math, the increase that she thinks you may be rated for (probably) won't get you to 100%. That said, it sounds like you may be eligible for a high enough combined rating to be considered for TDIU. Not knowing your situation, if that is the case and your disabilities prevent you from working, you should consider. There is beaucoup info here on Hadit on that subject.

My guess, because they can... You know, deny and if that doesn't work, delay.

Lunchbox111 I don't know about Vet Rating Group but I would go and sign up at the portal at QTC. On there there is an info number to call. You want to determine exactly what you are being called for at a C&P. Did you have an exam on everything you submitted a claim for? You may find out there is a disability that they haven't covered. At this time I still don't think the VA is allowing actual C&P's. This might be a ACE exam anyway, which would mean you don't attend physically anyway. They decide your situation based on records and evidence already accumulated in your file. But to blindly tell you not to attend is not smart. You have to find out more facts. You skip a C&P and you just lost your claim.

Hucast21 I understand that we just can offer opinions based on our own personal experiences and what we have learned. But, just as I have learned that MOST VSO's aren't going to be very good, I never say ALL VSO's aren't good. Because all people are different. We just have to search them out and find a good one if we want their services. I believe that holds true for the VA contractors also. Just like VSO's, there are going to be good contractor examiners and then, some not so good.Certainly, we can say the same for C&P's done directly at the VA. Sometimes we get a good one, sometimes not.From my experience, it really doesn't mean that one particular contractor, LHI, VES, QTC, whoever is going to any better, or any worse, than the others. I had a C&P at LHI and the examiner was very fair. I just don't think we should say so and so is a slam dunk for one way or another. IMHO.

Miken2c74 An't no fun. Get your decision letter. Read it and then read it again. Take the reason for denial and really understand. Then go out after what they say you fall short on. If it is lack of diagnosis for back pain and nexus, get an expert medical opinion that opines in support. You're still a young guy; if the disabilities you are after get get you to a combinesd 70 or 80%, that's a lot of beans over the next 25-30 years. Think of it as an investment. Not all investments turn out great, but if you do your homework and vet the medical expert for your IMO, your chances are a lot better. Don't give up, you ain't done yet.

Current treatment doesn't impact VA's requirement of current diagnosis of a disability condition. If you have hearing aides because of a s-c condition, the VA doesn't discount your conditions. You get rated based on what you are tested out for on the audiology test. Another example, if you have diabetes, the fact that you take meds doesn't decrease your ratings; in fact, it is a factor in determining how greater your comp will be. You'll be ok.

Both excellent responses. It more than likely would help your claim. If you have an outside doc prescribing meds, as long as they are legal, it can only make your symptoms more clear.

Dodger I feel sorry for you. But this is a perfect example of why so many of us say stay away from a VSO. I mean, what could be the possible excuse? What makes you think he won't screw up or just do NOTHING for you again? If the VA hasn't made a decision yet, you can still submit if it wasn't a FDC. It will just needlessly delay.

There will be mixed reactions at RO's for what they do. But I think it is safe to say that if you already had your claim in and your doc provided a dbq, since it is already in the pipeline they are going to consider. The mere fact that the dbq's are no longer available on line will really reduce those be submitted in the future.

slangpdx I'd do three things. First I would use secure messaging on ebenefits and request authorization for the alternative test. You want to get it in writing. Put the company info in there as well. The second is I would put in a IRIS request on va.gov (under the "contact us" button.) Ask for a email response. Lastly, I would call the VAMC medical director after waiting 4-5 days for #1. Sqeeky wheel works (sometimes.)

Your VSO might be right, but IMHO a 20-4138, statement in support of a claim is actually new evidence if you are just doing it now. The only way HLR will work is if you have non-questionable evidence in your file that backs up what you are saying. If your examiner said you said 2 years ago, what do you have that refutes that? Does your doc who was treating you at the VA have statements or factual evidence that support your position? If so, you may have a chance at HLR. But to be honest, it has to be right there in previous evidence. It is just too easy for the DRO just to go with the previous decision. You would probably have better luck going for BVA, with additional evidence, including your own buddy letter your VSO wants. It's a time thing; it is a lot quicker getting a decision at HLR, but it might not be the decision you want to get. Maybe not what you were hoping, but that's my position without knowing any more specifics.

I agree with Broken. P&T is final (unless there was initial fraud.) Once you're P&T, that's it. If they can change it, well then, it isn't P&T, right. But you still can be called for follow-up exams, they just won't be for compensation. Say you have diabetes in your example. The VA is still going to be scheduling you in to see if your conditions are stable or gotten worse. Or now effected some other body system, like your eyes, or extremities.

Dignostic code, dc, is real important. You match what your actual conditions are to the various levels, or ratings, given in the code.. That way you can figure whether or not you were low balled and should appeal.Find out what the dc is. If it is a MH condition, they all use the same criteria. Go to http://www.militarydisabilitymadeeasy.com/mentaldisorders.html and plug in mental health disorders. A lot of stuff there. Until you get your decision letter, you aren't going to get anywhere. If your decision letter comes and they don't include your dc used for your rating, you then can call Peggy and ask what it is.

Check myhealthevet and get blue button for a copy of the medical info if the VA did the review. Or, you can request a copy of the C&P by sending in a request for release of info, VA form 3288 and request C&P with all notes. And, you can also request a copy of your C-file, which will take several months. You could also go to the RO and request to see your file, which may be the quickest route. You want to know what your diagnostic code is and if you are rated correctly. The VA often assigns a code and therefore a rating which can be challenged on MH grants. You need your decision letter first.

VietNamVet1969 I'm not sure, but it looks like you have tagged onto a posting from last year. Maybe you should start a new topic so we (or at least, I) don't get confused.

VietNamVet1969 I'm not sure, but it looks like you have tagged onto a posting from last year. Maybe you should start a ne topic so we (or at least, I) don't get confused.

Capitan Better follow Hucast21 advise. There are many good lawyers out there, but his list is a good starting point. You need to do serious research on the legal part of this; that is what does precident say by the courts. Try https://www.va.gov/ogc/precedentopinions.asp, http://www.uscourts.cavc.gov/recent_decisions.php And also BVA decisions as well. First thing you want to do is find out if you can appeal on the same claim, or have to start over., including time restraints.You aren't the first veteran this has happened to, but you obviously need to find out if those veterans that won their appeals did it by the appeals proceedure or because of (additional) evidence. Also, as an additional separate action, you also want to find out what is the procedure to get a full or partial waiver on the payback if that ends up what happens. Wish you well.

jfrei Are you sure your RO is shut down? They are supposed to be open (every where?) Just closed to the public is my understanding.

Hi justtryintomakeit I'm not sure what you have. You state that no increase or decrease, no rating for MH, but ebebefits now say rating now up. You need to see your decision letter; about a week or so in the mail. If it still doesn't make sense to you, come back with a redacted copy with your personal info removed and we can help (I think!)

I'd go with the majority opinion here. I would also recommend a lawyer. Some evidence is evidence. Lawyers argue the "some' partl that's what they do. If they recommend adding more evidence, you can chose to do that. I wouldn't expect a VSO is going to be able to argue your legal position at a BVA, unless the VSO is exceptional. You have evidence, but as is, it isn't a slam dunk. So hire a lawyer, IMHO.

VietNamVet1969 Of the 4 that the VA is "considering" as new presumptives, hypertension has the strongest evidence. I have confidence that they will add at least that one to the list in the next year or so. Keep your fingers crossed. The VA can't keep the shell game going forever. (We wont let them.) Their problem is it is an old man's disease because so many older people get it that it's going to cost them a mint when the do approve. But if I remember correctly, a veteran exposed to AO has a 1/3 greater chance of getting high blood pressure than the general population. That's pretty significant. There has been some approvals at the BVA for it recently as exposure to AO/dioxins, but I believe they also had other conditions that were presumptive, so its wasn't clear cut.