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Indy_CV62_OS
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Posts posted by Indy_CV62_OS
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8 hours ago, vetquest said:
@Indy_CV62_OS, If this is a remand and the RO grants your appeal you can stop there. If they do not grant your appeal or if you are not satisfied with the results of the grant you can send your case back to the BVA and have them take another look at it. You keep your original place in line if you do this so it does not take as much time as a normal BVA appeal. I once had a lawyer once end my appeal after the remand and I was not happy with the results, the lawyer had already been paid and said I was taking up other vets' time at the board. I fired the lawyer and sent my case back to the BVA and received further relief.
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.
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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!
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46 minutes ago, Oceanbound said:
True.
Nurse practitioners have the attitude of thinking they're doctors. Like, noooo, you are not even close to a MD or physician assistant.
I'm helping someone right now on getting past the stubbornness of the typical attitude. Dude you got medically discharged for breaking your hip, they owe you this, and you currently seeing a doctor about your migraines, that makes you miss work, you're suppose to be rated at 50%, and something for your hip. So when he will submit his claim for the first time, currently preparing it now, the RO will have no choice to give it him the first time around--because I went though the "bad lands" already. And ready to give them the Mike Tyson TKO of this is a CUE and the writ of mandamus says do your job according to CFR 38 regs, knowing that they will be playing games of DDD deny, delay and dead.
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!
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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!
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2 hours ago, vetquest said:
That is good news @Indy_CV62_OS, I remember that you were trying for disability for a collapsed lung and injuries related to a chest tube. A treated collapsed lung is not a disability. There are always secondary's to consider and request.
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!!!
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6 hours ago, Buck52 said:
Our C-file is always the best to check for evidence we don't have the VA Never lets a Veteran know to request his/her C-file because 90% of the time it holds our evidence we need to help substantiate our claim/claims.
(jmo)
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.
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6 hours ago, broncovet said:
Congratulations is in order. Im rarely suprised when Vets who do great research win their claims. Its the old 5 P's...Proper Preperation Prevents Poor Performance. Based on your post, I would say you got the 5 p's mastered, so its a matter of time until you win.
Thanks Bronco!! I will try saying the 5 P's real fast under the influence of something
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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
- GBArmy, ShrekTheTank and Vync
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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.
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2 hours ago, vetquest said:
I believe the judge is chastising the RO and remanding your case. This is usually good for the veteran.
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.
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12 minutes ago, vetquest said:
Wow, I love remands like this. They did not obtain all pertinent information is the first part (item1). Item 2 relates to the less than 50% likely decision. The examiner is supposed to read everything that you provided and then make a new decision about whether you are SC and then provide a rationale. This is a good thing. The board notes, for the convenience of the examiner, that you still have residual pain subsequent to your time in service. That is very good in my opinion.
Yes it looks like they are going back to 2007 citing new and material evidence.
Now you need to wait for them to obtain your records, if you can get them and provide them it might make things go quicker. Then they have to do a evaluation of your C&P and make a new decision. If it takes longer than six months I would see if your lawyer wants to write a write of mandamus for you. The RO is supposed to expedite your claim but I have seen RO's not do this and sit on remands.
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.
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23 minutes ago, vetquest said:
Can you redact and post the remand? It would help a lot.
Most definitely....stand by
I didn't scan the Judge's signature page
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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?
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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...
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18 minutes ago, vetquest said:
Indy, it appears that the BVA is giving the RO a second chance to do it right. Short of that I cannot understand their decision. I went through the same thing on a appeal that took ten years. What I learned on that appeal is that the RO is supposed to expedite the case. They will not do that. After one or two months ask your lawyer to file a writ of mandamus to expedite your case. This worked for me on the second remand. It was completed soon after the threat of a writ. Good luck.
VQ...Great to see you again. It almost smacks of a case that does not merit a VLJ. I'm really looking forward to talking to my Lawyer. He'll push them. The funny thing is, the Appeal probably went right back to Philly. Philly RO sat on my Appeal for almost 2 frigging years. I will win. I now know what happened when they put that chest tube in. I just can't figure out why the Judge didn't just Grant with all of the new evidence from an extremely qualified lung doctor. It is baffling. I'm still trying to process the incompetency. What REALLY pisses me off is that WE, the ones who went and Served, did not do a half ass job. And we sure as hell didn't make the Service wait 5 to 10 years before we shipped over.
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33 minutes ago, broncovet said:
Its the way the VA does it. Many of us are in your same boat: The USS Delay
As long as it remains profitable for VA to delay us, this will continue. You see, its profitable for VA to delay as long as possible because:
1. They pay no interest for the delays. We absorb the costs of delays by VA paying us with deflated dollars.
2. Or, if the VA succeeds in delaying until death, the VA gets a free pass unless the widow is saavy enough to file a substitution of claimant. (rare).
Either way, the VA wins!!! and We lose.
Good to see you again my friend. I would never debate anything you just posted. I know this: I will fight them and I will win. When I get the retro, I'll stack silver and make up all of the lost value of those federal reserve debt notes.
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16 minutes ago, 63Charlie said:
That is a bitter pill to swallow. Was the remand ordered by a VLJ? Did you request, and were you provided a BVA hearing? Can your attorney be of assistance? Maybe reach out to the BVA pertaining to this error?
It was a VLJ and I opted not to have a Hearing. I'll be on the horn with my Lawyer tomorrow. Thanks Charlie!
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I just had a thought: I reread the order and it appears as though the Board is ordering the RO to go back to the 2017 exam and get more information as well as a more complete opinion. Is it possible the Judge is seeking to disqualify that examiner in favor of applying the opinions of my lung specialist?
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My Legacy Appeal was Certified Jul 2019. In the time that my case was at the Board, I had filed new claim for Hearing Loss and Tinnitus; 0% for hearing and 10% for Tinnitus. Beginning in late August, I sought out a local lung specialist for a complete exam and evaluation of the collapsed lungs. He had determined that the left side chest tube caused an injury to the Intercostal Nerves. This is accidental and also common. All of that evidence, including a CAT scan went straight to the Board. When the evidence was faxed, I had waived any consideration of the RO for the new evidence. I wanted the Judge to see the new evidence and decide my Appeal.
The Board punted my Appeal. They either screwed up or chickened out. If someone at the Board failed to show the Waiver to the Attorney or Judge, then they goofed. If the Judge knew about the Waiver and still made a mere footnote of my Triple Board Certified Pulmonologist, then something else is screwy. The Board referred to a 2017 C&P Exam for my chronic chest pain, evaluated by, get this...a Nurse Practitioner. Not that there's anything wrong with NP's, but why did they not rely on the New and Material evidence?
Now my case will go back to the RO and this could take years. I can't petition the Court of Veterans Appeals because the Judge's order is not final. So, they get to play with me longer. I am going to get on the horn with my Lawyer tomorrow and find out if we can file a Writ of Mandamus and take their ass to Federal Court. It just knocks me out. I'm running around on my dime gathering evidence that they need. I even said "I'm willing to wait until the cows come home, as long as the Board applies the new evidence and get it right". I sure hope somebody can learn from this. I am way past pissed off and frustrated, but I'm not backing down. I hope everyone has a good week. Oh, that other forum? Learned my lesson once and for all. You can't even sneeze on their beloved VA without getting your pee pee smacked. I'll stay here.
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9 hours ago, Tbird said:
Welcome back Indy, i hope it goes well for you.
Thank you!!!
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19 hours ago, vetquest said:
Welcome back Indy_cv62_os. That sounds like some good news for your case. Not that I would wish collapsed lungs on anyone.
thank you
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Well, Appeal was finally Certified 8 Jul 2019. Since then, va.gov says my Appeal is with the Judge. Also filed new claims for Hearing Loss, Tinnitus and Asbestos Exposure. The Appeal is kind of parked right now due to my request for my C-File. While processing, the BVA called my Lawyer about a similar request in 2014. My Lawyer made the request but Phil VARO failed to honor that request. So, the Board is taking care of those requests. This buys me some time in order to get fresh chest x-rays and see private lung doctor.
As I was going through my stuff, I'd came across something that would help my Appeal for SC Collapsed Lungs. Then I looked at a 2013 chest x-ray report and saw "mild apical pleural thickening" and "Abnormality - Attn Needed". Looks like the VA doc in 2013 goofed. Pleural Thickening may be Asbestos. On my ship in the yards, they had me grinding up floor tiles. My research says those tiles were Asbestos. If I can get the Judge to SC the collapsed lungs, that would be a huge victory. In the meantime, I'll be getting hearing aids that are programmed to help with Tinnitus. Seems that I had spent too much time above the Flag Bridge, behind the cats with only sound powered phones.
I have been over at VBN...there are some peeps there who actually worked for VA. Any helpful information from here or there and other places can only help. I hope everyone here is doing well.
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I really love the disability calculator on Hadit. I'm not to far away from getting to the 70% point. All I need is SC 30% for the collapsed lungs I'd had while on active duty. Even if they increase Asthma from 10 to 20 and SC the lungs at 20, I'm there. Nothing is more aggravating then waiting on the Phila. RO to certify my Appeal. I just can't see why this is so hard: I was medically discharged and told to file with VA because I was entitled to receive disability upon discharge. My records clearly show what happened while in service.
They SC the Panic/Anxiety disorder which was a result of the collapsed lungs but then the neglect to SC the collapsed lungs. Just wow. If I were to have another collapsed lung, I have to tell the treating physician about the past collapses and voluntarily request a pleural abrasion. There are two ways to do this 1) tetracycline through both chest tubes or 2) open chest and then rough up both lungs with gauze.
C'mon DRO, just SC the collapsed lungs. I'll work on asking for increases to get to schedular 100%.
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2 hours ago, vetquest said:
Do I understand it right that after a call to the Whitehouse your DRO appeal was moved up? I am on a wait of 10 to 26 months before they do anything.
I think it was right after the Election. I called the hotline and then got a call from Newark (we were still living in NJ at the time). Shortly after that, I received a notice for a DRO Hearing for Feb. 2017 at Phila. RO. Me and Lawyer went to Hearing. Two months after that, DRO sent me to a Psych for C&P Exam. That exam nailed it; she had two diagnosis's for PTSD with the Stressors and the Nexus. Sept. 2017 I received the notice of Grant, 50% SC for Mental and 10% SC for Asthma. We filed NOD and then Appeal Nov. 2017.
Update...with some good news?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted · Edited by Indy_CV62_OS
spelling
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.