GBArmy

msh789 There is enough here to be close to whatever the accurate story is. Broncovet has put it right on the line for you. You are saying in words and actions that you CAN'T do this anymore. So Don't. Call your brother and say you and dad are going over your brothers house (pick a time.) Get there, and basically say it's is over unless things change big time. You put in the time and effort, etc., etc. No POA, all done. No argument. No negotiations, Just leave. If you don't, you're going to have a breakdown. It's called "responsibility without authority." Doesn't work. Pick up the phone and call. Today.

FaithIsAChoice Bronc's advise I also think is correct. You were done wrong. Period. Good job by you. I come to the same conclusion. You could appeal using HLR. It would be quicker; the VA just made a CUE, and if the DRO has his stuff together, he would change the decision in your favor. Unfortunately, that doesn't always work. You could still try that avenue, and if it were denied, then go BVA route. Or, you could just skip the HLR and go to BVA. It will take longer, but much more likely result in a win for you. If not in a hurry but just want to get it right, go BVA IMO.

Just about any claim you submit should have a statement in support of claim, form 21-4138, for each disability claimed, if more than one. It's a buddy letter from yourself kinda. You want to talk to your symptoms of the disability and how that relates to your daily life. Re-state or comment, for the record, what should already should be in your evidence. Especially include those symptoms that are called out on the dbq for your disability.

WomanMarine That's a bummer. Don't throw in the towel. More and more info on sites is coming out now. Keep at it. It is just going to take longer. "You don't lose until you quit trying." Keep researching. You're not going to give up now.

congrats!!!

Bronc and Pete are spot on; way too many unknowns. Get your med file, as as much as you can, to take with you. Another important thing that you younger guys can take advantage of. Get the personal data, email, phone #, address, etc. of your buddies. Keep in touch with them; you can get, or provide buddy letters about your physical conditions from them. Back in the day, us old guys didn't have that opportunity, or, we weren't smart enough to get that info. It can come in pretty handy someday. Good luck. Come back and ask questions when you get a decision.

Mantana If you take meds for depression, it could lead to weight gain; do your research on the specific drugs you take. GERD can also be caused by prescribed meds and/or depression. For any secondary condition to a s-c condition, you need a professional medical opinion, IMO, that ties your s-c disability to your current diagnosis for a new disability. Without the IMO, you won't fair too well.

Hi Kelly. I'm not sure; it is the VA you're dealing with. It could depend upon what his claimed disabilities are, what the remands entails (like additional C&P's for further development), and what the new claims are for. It is possible that the remands will result in adding new disabilities as secondaries to the original claim. I think we would have to know what the original claims were, what the remands require, and what new ones he is considering.

Pete I would say that it is my observation that "this ain't your first rodeo." Great posting; lot of wisdom there.

Great postings by all by all good people. And, although I'm not an old timer here, I too miss Geekysquid's input and advice. Hope it is just a small bump in the road and he'll be back. Keep doing what you're doing folks.

Of course I agree with Buck; if you are injured while in service, you can file. I am not a CUE guy by any means, but I can't see how it would fly. Has to be clear cut that they violated law and you were denied improperly and harmed. Seems to me that would be hard to do in your situation, as you yourself weren't sure whether it was part of the original disability symptoms and it was pyramiding. The VA is going to go the same route. They won't just roll over on a CUE. And you are going to get a very good IMO from a specialist to support a separate disability.

Pete is correct but, I have also observed that the VA will add additional disabilities to your claim and then deny them because you didn't have supporting evidence. What that does is discourage the veteran not to figure out he or she should submit a new disability claim in the future. After all, they already disapproved the new disability, so you might not appeal. Kinda a preemptive strike. That said, more often than not, it usually is a plus for the veteran on the add ons, IMO.

Vync What is white matter disease???

Winner, winner, chicken dinner. Congrats!!! We are really glad for you. (Sometimes, the good guy wins.)

Hate to say it, but toddt is probably correct. You need to have a current diagnosis on your SA. You also have to have the nexus,: how is that connected to your back. The other stuff you have is supporting, but if you don't get a IMO on the nexus, IMO it won't go. You need a qualified doc to say why they are related. You didn't say: do you have to use a CPAP? If so, you're doc has to say not only it id prescribed, but it is absolutely essential for your health. If approved, that would net you a 50% rating, not 10 or 30%. Spend the money; invest in an IMO.

maddog31 You should be going after OSA AND headaches. There are a lot of comments on both here on Hadit. Because you have already been denied, you need to get a strong IMO from a sleepdoc/specialist. Has to say the CPAP is not only diagnosed but necessary for your well being. It has a 50% rating if approved, but they try very hard not to approve. So do your research on getting a doc that can write a successful IMO. Has to tie in the STR's/evidence with your symptoms now. I am sure you can tie in the headaches as well, secondary to your sleep disability. Create a "headache " log. Time of day, frequency, duration, if you took any meds to kill it, any prostrating ( have to lie down in dark room for several hours & you can't function.) Look up the diagnostic code for migraines (headaches) here http://www.militarydisabilitymadeeasy.com/search.php and compare your symptoms to the rating criteria. Do the same for your sleep disorder. Your IMO has to address your current symptoms relative to the different ratings. Your mom's "buddy letter" is good, and your doc's statements on your OSA are helpful, but IMO you better get some big guns or it wont fly. It's worth it if you jump to 90 or 100% scheduler.

Scooter If you request a hearing and submit new evidence, you are talking about going to the BVA. You can't have new evidence, such as a new IMO, and submit at HLR. I'm not suggesting you don't; I'm just saying that is your option with new evidence, or, submit a new supplemental claim can be an option also.

JK The VA has to respond to your specific claimed disabilities. They can add new conditions, or include your symptoms in additional disabilities as they develop your claim. They could, for example, eval you for bursitus and if they diagnose that is what you have instead of , say Osteoarthritus, and provide a rating, it is up to you to appeal if it is in your best interests. What happens often is that that with this substitution shell game, especially when a veteran gets some favorable ratings, the veteran just accepts the findings and doesn't challenge it.The veteran can get boxed in because the substitute disability doesn't go very high in ratings. Until you get it in a decision letter, you are just going to be guessing on what they are doing.

Frankgs The way I read it, it was meds over the previous 12 months. So, I think you want to show that situation over at least the previous 12 months before you apply, or you don't meet that criteria. It does sound strange, but then, the VA makes it's own rules. I could be wrong, but that's what I think it means. IMO.

It is quite possible all 3 responses are right on. No use speculating. Wait for the decision, and if necessary, go from there.

Frankgs You need a diagnosis from you doc that matches diagnostic code 7816. You have to take certain drugs as indicated for a minimum amount of time. I would consider filing an intent to file and research getting a good IMO from a specialist. If you can get a 60% rating, the VA isn't going to do so without a fight. If the time element comes into play, you don't submit your defined claim until you meet the time requirement. Hope someone else can chime in as I don't have any direct experience with your disability. Good luck to you.

Scooter318 We assume your 40% rating was less than 5 years. If it was longer than that, they are not supposed to reduce based on just one C&P exam. The VA has to show that it not only is better, but it has remained so for an extended period of time. Keep fighting.

Vetquest Well you did what we tell people all the time; it's important to at least get the service connection, even if it is a low ball rating. The other common disability is hearing; almost impossible to get higher than 0 or 10%. But once s-c, you can climb the ladder and eventually get the rating you should have. Damn shame, but it is what it is.

scooter318 Peggy is what we affectionately call the VA info line on claims. 800-827-1000. Take whatever they tell you with a grain of salt; it is verbal and some reps are much better in getting accurate info to you.

1454th Soldier Welcome to Hadit. As you know, you need 3 things for success: a current diagnosis of a disability now; an event or illness that happened in-service, and something called a nexus to link the two. Did you have documented in your records sleep issues and/or depression or mental health issues? If not, since you can't prove s-c directly, the only way is as a secondary condition. I am not a doctor, and my guess is you aren't in the medical field either. So you will need a strong independent medical opinion (IMO) that your depression is the result of your tinnitus. Just making the claim isn't going to fly. They need a medical opinion based on evidence from a medical professional. But before you do that, you have to have a diagnosis for depression, or some other mental health condition. It is possible you can get them both from the same doc. I don't know of anyone personally who did this successfully, but I have heard of it being done. Sleep disorder second to tinnitus? Don't know. You have to get another specialist for that. The doc has to come up with medical evidence to prove the point, from medical articles and journals, etc. and say that " based on ... it is at least as likely as not your depression is secondary to tinnitus," or words similar. It would greatly help your case if you do the research for yor doc and present him with some options.