Indy_CV62_OS

Sorry for not being active. There really wasn't anything going on with my Remand until June 29, 2020. I have three issues on Remand; SC for Post Thoracotomy Syndrome including chest wall defect and damage to intercostal nerve, increase bronchial asthma higher than 10% with a EED prior to April 2017 and TDIU. I'd logged in to va.gov last Monday and saw that one of the issues; SC for the Collapsed Lungs was Granted. The other two issues are still open. So, I'm now reading all of the prior cases to try and determine what kind of Rating they are going to assign. The increase for Asthma should be easy; their Ratings Chart calls for at least 30% if function is at a lower percentage or Veteran is using daily cortico steroid inhalers. I have Spiriva and Symbicort every day. The IU is the tricky one. As we all know, you must have at least one issue at 60% or a combination of issues that total at least 70% with one issue at least 40%. Even if the Veteran meets these criteria, IU is still subjective and not a given. I'm going to predict a Rating of 40% or 50% for the Post-thoracotomy plus an increase from 0% to 10% for the scars, 30% for Asthma EED Aug 2014 and TDIU. The VA being what it is, could just lowball me as well. There's just no way to figure them out. If anyone wants to see my Remand and/or the C&P Exam from Dec 2019, just let me know and I will post redacted copies. For all of you who are Legacy, it seems as though 6 months is the average to get your Legacy Appeal Certified to the BVA and then 6 months on average for the VA to work on the Remand. Good luck.

This is exactly what my lawyer said. The RO can Grant all or part of the Remanded Appeal and then kick it back to the Board. The Remand Order from the Judge is written in a way that pretty much signals that he would Grant. The Remand Order specified an exam from 2017 that the RO used to deny me. The Judge ordered an expanded opinion by that examiner. Instead, the exam here in WV gave me two diagnosis for chest wall defect with Stressors and Nexus. The RO is boxed in now. Don't get me wrong; they are capable of anything devious, but the exam report is bulletproof. I suppose it is just a matter of time now.

Well, it's been a few months and I'm still waiting. Last thing that happened was a C&P Exam in Dec. that strongly favors my Appeal. The examiner at the VA Medical Center said that my Remand was in Nashville. I spoke with Peggy a week or so ago and they said my file went back to Philly. So, I really don't know which RO has my Remand. Peggy said that the RO takes between 30 and 60 days to review the results of the exam. When I read the exam report, it is clearly in favor of me finally getting SC for chest wall injury caused by chest tube. I'm hoping to get 60% for that. The Asthma should be no less than 30% because of all the cortico-steroid inhalers. Lastly, IU should hopefully be granted. It has been a very long and difficult grind. I'm more anxious now than at any other time because I'm so close to the end. I've been busy helping other Vets in a Facebook group and have neglected my home here. Will spend more quality time here. I hope and Pray that all of us get the benefits we've earned. If anybody can answer a question: If the RO Grants the Appeal, which from what I gather, they can, will they notify me or will they send the file back to the Board? If the RO Grants the Appeal, where would I see that first: Ebennies, va.gov, bank account or snail mail? Thanks all!

I was medically discharged for the lungs, but, we have to show how that is disabling now. I'd never get past that until just recently. I spoke to my lawyer about CUE; it's a bitch to prove and the Writ of Mandamus; the Court is going to want the Veteran to go all the way through the process. VA Disability is a journey because the Government is broke. All of the social programs are unfunded. I wonder how many fraudulent claims there are? I have learned that there is a path to getting Service Connect and it's a very long wait. The moment any of us feel like giving up; they win. I laugh when I watch a VA subcommittee Hearing when one of the people from VA say that the process is non-adversarial. Gotta love those talking points. If we knuckle down and we learn how to play in their sandbox, we'll eventually prevail. To somebody who has yet to file their claim, that might sound rah rah rah, but it's true. We have to know how it works. There are videos and books and blogs like Chris Attig's...there are plenty of sources of information and insight. Hoping your case goes well. Merry Christmas!

What a GREAT day!! Had my C&P Exams today at Clarksburg VAMC; first was the PFT and then the medical exam. The examiner was a physicians assistant. Great guy. He was quite animated about my case like "are you shitting me? why is this case so long?" Things like that. He said that the new evidence from my lung doctor and the article I'd sent in about complications from chest tube are solid gold. He chuckled about the nurse practitioner who did the exam in 2017. Anyway, he looks at me and says "your lawyer, she's going to get a lot of money" I perked up right away then told him the lawyer is a he. He filled out the DBQ as Torn Muscles and severed nerves in the left ribcage. He said that what I had is comparable to a gunshot wound. He said that every one of these examinations he's done has resulted in the Vet getting SC. He also flashed the paperwork and he told me that Nashville was assigned my case. He said that I should be all set in one month! One more month...after 15 years, finally, I can see light at the end of the tunnel. The key to my case is that I did my own leg work: got my own lung doc and furnished medical articles and other research papers. You get out what you put in. Please, do your Research. Learn what happened, why, when and how it disables you today. Tie the two together and you'll prevail. Yes, it will take time but I must say, I was medically discharged and was supposed to be getting disability since 1986. In 2005, I filed and I didn't stay on it. I gave up and those were HUGE mistakes. Don't be the old me; be the new me. Thanks to all of you for the support and encouragement!

It has always been claimed as collapsed lungs with chest wall defects...since day one. Yes, a treatable collapsed lung in and of itself, is not disabling, but, if the treating Naval Hospital severed intercostal nerve and tore up rib cartilige, that is disabling. Chronic pain and splinting; yes but what is really kicking my ass is not being able to take deep breaths. As my lung doc said, it's mechanical, not so much mental. Thanks for checking in!!!

This is so crucial and it needs to be posted everywhere. Maybe @Tbird can do that. If we're to expect a VSR or DRO to look at all of our medical records, then we're just fooling ourselves. WE have to be proactive. WE have to own our files and completely understand everything in them. I will gladly work with any Vet that needs to know how to drill down their files.

Thanks Bronco!! I will try saying the 5 P's real fast under the influence of something

Just found out today that Huntington WV RO has my Remand. This is good news. I was hoping to avoid having my Remand going back to Philly. Anyway, Huntington has already requested a C&P Exam. I'm going Dec 13th. Pretty quick. Huntington did my hearing loss and tinnitus claim. Claim filed Jul 2019 and Granted Oct 2019. They seem to be quite efficient. Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam. Here's the weird part; the medical exam may not be a Doc. They told me his first name. So, my Lawyer wants me to load up my paperwork and bring it with me. Every time that I read and reread the Remand Order, it clearly sets a very high bar for the VBA. For my case, it is a minor victory because the Judge ordered that the previous denial be reversed and the claim reopened. The most important part about this whole process is the amount of research that I had done. The Judge cited in his Order an article that I had sent to the Board about injuries that occur when a chest tube is inserted. Also, the Medical articles that I had sent in about Dyspnea and not being able to take a deep breath. It is so crucial that we get a copy of our C-File and educate ourselves about the process and what we are claiming. The idea that I had sought out a Medical Opinion on my own, on my dime with my own Pulmonologist, may get me to the finish line with a full Grant. Even if you have a Lawyer like me or a VSO; leave no stone unturned. Do your own research and leg work. I have all of the Federal Codes and all of Ratings criteria. Never stop. Never give up. I will let you all know the outcome of my Remand. Ray

You've been at NOD for almost three years...The DRO is denying three of your contentions and the examiner is fudging the DBQ? First question is do you have a VSO or a Lawyer? Your Claims; are they 1. Connected to an injury or illness from your Service? 2. Are they disabling you now? 3. Is there a Nexus that connects your current disabilities to what happened in Service? It looks to me as though you need evidence. Yes, the RO has a duty to assist, but you have to know your file. Did you request your C-File? You must get this and go through it very carefully. What happened in Service should be in your medical records. Then you need an Expert Medical Opinion obtained by a Doctor that what happened in Service is disabling you now. You'll also need the Nexus. Never, ever settle for less than you are entitled to. If you don't have a Lawyer; get one. 20% of Retro is better than you getting nothing. Medical Evidence is the biggest and most important aspect of your Claim. If a Lawyer believes that you have a legitimate claim, then you'll probably wait on the DRO Review and request a Hearing with the DRO. If that is unsuccessful then you'll choose a lane in the new Appeals system.

Spoke to my Lawyer; he does not believe that the Order is going to go back to 2006. The Order has boxed in the RO...the C&P Exam from 2017 that went against me, has to be strengthened. The Judge is pointing out that the RO Denied me based on that one exam by a Nurse Practitioner. So, the RO has to either get better opinion to counter all of my evidence or Grant the Appeal. I think the RO will just Grant and it will be pretty quick.

The entire Order is silent concerning my Aug 2013 claim and subsequent denials. It appears to me as though the Judge is looking to disqualify the examiner, which by the way is just a NP (Nurse Practioner) or the Judge wants to put the NP up against my lung specialist. When I was medically discharged, the two collapsed lungs and the Post-Thoracotomy Syndrome were on my Medical Review Board. Essentially, I've had the same problems, non-stop since just after the left chest tube 1984. The biggest issue is that I can't get a deep breath when I need or want to. The condition of not being able to take a deep breath is Dyspnea and that is on many records of trips I'd made to sick call while still on active duty. Yes, collapsed lungs can be treated and that's it, but, in my case an injury occurred when the left tube was jammed into my chest. I'll be speaking with my lawyer tomorrow and see what he thinks. That Order is quite clear. The Judge might be asking WTFO.

Most definitely....stand by I didn't scan the Judge's signature page

UPDATE: I am reading the Judge's Order and now I'm thinking the Judge is going all the way back to the Oct 2007 Denial. The Judge cited 38 U.S.C. 5108....Reopening a disallowed claim. It also cites new and material evidence which is not duplicate or redundant since one year after the Oct 2007 Denial. I wonder if the Board is forcing VBA to go all the way back?

Since 1984, I have complained numerous times about the pain in my left side from the chest tube. Yes, collapsed lungs that are treated is not a disability. My disability is the accidental injury caused by the treating physician. And attached here is the opinion of a triple board certified lung specialist...