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Kuwaitin08

First Class Petty Officer
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  1. Like
    Kuwaitin08 got a reaction from Vync in Migraines   
    Look up the medication side effects. More importantly, migraines are definitely secondary to PTSD and typically easier to prove. Anxiety and stress absolutely cause migraines. I would absolutely recommend you investigate that route before you try to claim it was caused by medication.
  2. Like
    Kuwaitin08 got a reaction from SC2003 in Where can I view my C&P exam   
    If the C&P was done by the VA, it can be seen 30 days from the time of the exam under the blue button reports. If it is a contracted C&P, you will have to go to your VSO or such and get a copy. If you aren't in a hurry, you can submit a freedom of information act request for it (takes about 12-18 months).
  3. Like
    Kuwaitin08 got a reaction from ShrekTheTank in Migraines   
    Look up the medication side effects. More importantly, migraines are definitely secondary to PTSD and typically easier to prove. Anxiety and stress absolutely cause migraines. I would absolutely recommend you investigate that route before you try to claim it was caused by medication.
  4. Like
    Kuwaitin08 got a reaction from Vync in Does Ebenefits give you an estimated timeline for Higher-Level Reviews like they do for claims?   
    Ebenefits is pretty accurate in my opinion. It does show an estimated completion date and in my experience, updates faster than VA.gov.
  5. Like
    Kuwaitin08 got a reaction from bellrungboxer in Retroactive pay date discrepancy   
    My case is finally complete. It took about a month but it was closed today. Ebenefits has been updated with correct dates so I'm anticipating a nice deposit soon. Thank you for all of your help. Victory!!
  6. Thanks
    Kuwaitin08 reacted to awgv001 in Vestibular Migraine   
    Following, I know exactly what you speak of (50% Migraines myself) I have had the most difficult time explaining to Neuro's what has been going on with me, and this diagnosis actually sounds exactly like what I'm dealing with, such as the dizziness goes away when the headaches stop. I plan to file vertigo second to Migraines now once I get the proper documentation, if they will diagnose as such.
  7. Thanks
    Kuwaitin08 reacted to seminoles in Vestibular Migraine   
    I do and I am rated for them separately for them, I won't lie it was a huge battle.  Mine are severe and I was seen during AD for an episode which was misdiagnosed as eustachian tube dysfuction.  My first claim was denied and the CP examiner didn't even conduct a proper exam and also called me a malingerer.  It took not only an official diagnosis of vestibular migraines from both the VA as well as SHANDS but also my neurologist stating that not only was my initial diagnosis most likely in error because no tests were performed but  that my vestibular migraines are more likely than not caused by my severe chronic migraines and that my vestibular migraines are severe and often debilitating.  Mine are so severe that I am often in a wheelchair, I have a service dog for balance (which was approved by the VA and his veterinary care is covered completely).  I don't think I would have ever gotten them service connected if my neurologist hadn't written then letter for me.  Being seen for the exact symptoms of my vestibular migraines while in service with a diagnosis wasn't enough apparently and the quack who did my CP exam was incompetent at best, thankfully the ENT who saw me was from SHANDS doing his residency and he immediately did some in office testing and then sent me to ensure it wasn't Menieres.  I have on a good day a balance deficit of 40-60% and it only gets worse from there.  Sadly, unlike meneires no matter how bad a vestibular condition is, the maximum rating is 30%.  Menieres even if it isn't impacting your hearing but slightly with my level of balance issues is 100%, good old VA ancient disability charts.  I get a higher rating for  incontinence, like wearing a bad is more life altering than being a huge fall risk and having to use an assistive device 🙄  I was already at 100% PT my fear was that if I do fall that any injury from that fall could seriously injury or kill me so I wanted to ensure that it was service connected.  Vestibular conditions are under ear when you look in the CFR
  8. Thanks
    Kuwaitin08 reacted to pacmanx1 in Vestibular Migraine   
    You might want to look up vertigo and vestibular in 38 CFR part 4.
  9. Thanks
    Kuwaitin08 reacted to vetquest in Vestibular Migraine   
    Gee, that's a difficult one.  When I have migraines I can lose sight, balance, and have other issues (I appear very drunk).  The VA has denied me any grace about these symptoms because they go away after the migraine ends.  We have to play on the VA's dime and they do not consider migraines that serious.  The National migraine association (magnum) petitioned congress to change the ratings for migraine many years ago but it never went anywhere.
  10. Like
    Kuwaitin08 got a reaction from Vync in How is Hyperacusis rated?   
    I’m already set up with another intent to file. Unfortunately I don’t have that issue with the shooting pains in the arms and legs. I am being tested for Ménière’s disease tomorrow as a matter fact. We’ll see how that goes. If I am diagnosed with that I will definitely claim that as well. That’s a guaranteed 100% if I win that. 
  11. Like
    Kuwaitin08 got a reaction from lawbro in Fully Developed Claim Closed then Correcting an Error   
    Yes. Mine was closed a few weeks ago. I had 5 things that I appealed. 3 were approved and two were not. VA.gov did not update at all until all were complete. Ebenefits updated the day something was approved.
    I hope this helps.
    Good luck!
  12. Thanks
    Kuwaitin08 reacted to Vync in How is Hyperacusis rated?   
    It is not spelled out out directly in 38 CFR. I found a BVA ruling which rated it analogous to tinnitis:
    https://www.va.gov/vetapp19/files7/19155192.txt
     
    §4.87   Schedule of ratings—ear.
     
  13. Like
    Kuwaitin08 got a reaction from Vync in How is Hyperacusis rated?   
    I’m already rated 70% for ptsd, 50% for migraines and have tinnitus. I’ve already applied for hyperacusis and just completed a C&P exam where the examiner said she was absolutely saying it was SC. I’m just trying to find out if it’s a set rating or if it’s based on severity as mine has very significant effects. 
     
  14. Thanks
    Kuwaitin08 got a reaction from Vync in How is Hyperacusis rated?   
    Thank you Vync. I’m trying to see if anyone had any first hand experience with that claim. For as serious as my symptoms are, I’m hoping for more than 10%. 
     
     
  15. Thanks
    Kuwaitin08 reacted to GBArmy in New claim secondary to service connected disability   
    I agree. If it is necessary for a favorable decision, include it. These raters are notorious for not reading your claim, especially background support stuff. Include again.
  16. Thanks
    Kuwaitin08 reacted to vetquest in New claim secondary to service connected disability   
    I also include more information than they ask for.  I have had them include information on the evidence list as duplicates but I look at the previous denial and they were not listed.  You can never trust the VA to do the right thing and my records are massive.  I therefore include pertinent information that might be overlooked.
  17. Thanks
    Kuwaitin08 reacted to blahsaysme2u in New claim secondary to service connected disability   
    good question and good advice. i am about to submit some secodary claims and have been working on getting all the relevant documents together but hadnt even thought to give docs pertaining to the already SC stuff..
    GOOOD CALL 
  18. Thanks
    Kuwaitin08 reacted to Dustoff1970 in New claim secondary to service connected disability   
    As a follow up to my first response.  If your original service connected disability involved a ton of paperwork in you VA medical records then obviously you need not send all this in with your new claim but maybe a few select important documents to remind them you have "ALL" the records if needed to prove again your first disability.
    My information is not legal advice as I am not an attorney, paralegal or VSO
  19. Thanks
    Kuwaitin08 reacted to Dustoff1970 in New claim secondary to service connected disability   
    That is what I have done for the following reason. 
    1. The raters know that you know what they are suppose to know.
    2. They have no excuse to say there is missing documents or medical evidence of the original disability.
    3. They know you have your own copies of proof of disability and service connection and that you are a good record keeper so you have put them and the BVA on notice.
    I practice what I preach and have sent them duplicate copies on several occasions for my claims and appeals for over 30 years.  Sometimes they return the copies with a big red D stamped on the pages but it has not hurt my claims or appeals at all.  Better safe than sorry as the VA is very tricky tricky about saying there is no evidence (lie), etc.
     
  20. Thanks
    Kuwaitin08 reacted to Vync in New claim secondary to service connected disability   
    If the documentation included non-VA medical records, be sure to also include a signed release of medical information authorization form. This is just a time saver. If they don't get it, your claim will be put on hold until you get it to them. No reason to wait if you include it.
     
  21. Like
    Kuwaitin08 got a reaction from ShrekTheTank in Higher level review   
    A similar thing happened to me. When your veteran service officer told you the claim was closed, it probably was momentarily. When the VA finds an error during a higher level review they will close the claim to re-open it as a step called correcting in error. When that occurred to me it was only about halfway through the complete process.
    For example on July 26 of 2019 I began my higher level review. It was completed September 3 and then re-opened a few days later as “VA is correcting an error”. My entire claim is still in process but three out of the five were approved December 12th. The best thing I can tell you is to keep checking the benefits under the my disabilities tab. It will show up there before anywhere else. The VA.gov website hasn’t changed status since September. I hope everything works out for you. Please keep us informed.
  22. Like
    Kuwaitin08 got a reaction from GBArmy in Higher level review   
    A similar thing happened to me. When your veteran service officer told you the claim was closed, it probably was momentarily. When the VA finds an error during a higher level review they will close the claim to re-open it as a step called correcting in error. When that occurred to me it was only about halfway through the complete process.
    For example on July 26 of 2019 I began my higher level review. It was completed September 3 and then re-opened a few days later as “VA is correcting an error”. My entire claim is still in process but three out of the five were approved December 12th. The best thing I can tell you is to keep checking the benefits under the my disabilities tab. It will show up there before anywhere else. The VA.gov website hasn’t changed status since September. I hope everything works out for you. Please keep us informed.
  23. Like
    Kuwaitin08 got a reaction from awfullsharky in Higher level review   
    A similar thing happened to me. When your veteran service officer told you the claim was closed, it probably was momentarily. When the VA finds an error during a higher level review they will close the claim to re-open it as a step called correcting in error. When that occurred to me it was only about halfway through the complete process.
    For example on July 26 of 2019 I began my higher level review. It was completed September 3 and then re-opened a few days later as “VA is correcting an error”. My entire claim is still in process but three out of the five were approved December 12th. The best thing I can tell you is to keep checking the benefits under the my disabilities tab. It will show up there before anywhere else. The VA.gov website hasn’t changed status since September. I hope everything works out for you. Please keep us informed.
  24. Like
    Kuwaitin08 got a reaction from GBArmy in Higher Level Review works   
    If you requested it, they will call you to discuss your higher level review. It typically takes a month or so for that phone call. Make very sure you are 100% prepared for that phone call with your arguments and exact information that you believe was missed.
     
    If they find any issues with your higher level review they will send you for more exams. I was sent for six different exams.
  25. Like
    Kuwaitin08 got a reaction from vetquest in Higher level review   
    A similar thing happened to me. When your veteran service officer told you the claim was closed, it probably was momentarily. When the VA finds an error during a higher level review they will close the claim to re-open it as a step called correcting in error. When that occurred to me it was only about halfway through the complete process.
    For example on July 26 of 2019 I began my higher level review. It was completed September 3 and then re-opened a few days later as “VA is correcting an error”. My entire claim is still in process but three out of the five were approved December 12th. The best thing I can tell you is to keep checking the benefits under the my disabilities tab. It will show up there before anywhere else. The VA.gov website hasn’t changed status since September. I hope everything works out for you. Please keep us informed.
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