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MAC64

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  1. Like
    MAC64 reacted to GeekySquid in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    this C&P is for migraines.  your STR's will hopefully show some repetition of complaints.
    okay, it just looked that way.
    then the blast may have amplified a problem already documented in your STR;s. The good news is you have documentation in service.
    amplification of your PTSD symptoms combined with possible of residuals from TBI.
    read your own documents look for spots where the author says "no evidence exists so it didn't happen".
    was that from the C&P? if so good.
    the va has a course of treatment for ED. It starts with viagra for several months (3 i think) and then if no help move on to other stuff with Cialis being the next.
    They can be, BUT if you have an undiagnosed TBI, say the Crushed Sella as part of the problem, then you have the potential to have ratings that are independent of PTSD, which in the long run is good for you in terms of future compensation like SMC (S).
    The Pituitary is the Master Gland and all your sympathetic nervous system, autonomic systems and even voluntary systems rely on the Pituitary gland. You want this checked out. If your hormones are making your PTSD worse at times, there are different therapies to help you control that stuff instead of just antidepressants.
    If in doing your filing and award the VA did not do a thorough review of your records then they violate a bunch of laws. In that review conditions that are reasonably raised in your file, even if not explicitly raised by an application for compensation, are supposed to brought to the Forefront and the va is obligated to help the veteran develop the records towards the idea of a compensation claim.
     
    there may well be a legal error. I cannot say at this minute. others will hopefully chime in and read the files.
    TBI and Migraines can be associated but they are distinct examinations and requirements. Go to VA.gov and start digging in. YOU need to dive into this feet first. Use what I posted as a guide of what to look for.
    You must be your own best advocate. You must be actively involved. I cannot do it for you, no one can.
    You must learn how to do the research. It is your claim. your compensation. your future. There may/will be future claims. Others cannot do the research for you.
    I am happy to help but I will not do your work for you.
  2. Like
    MAC64 reacted to GeekySquid in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    okay Mac64, looks like you have about 8 lbs of crazy crap going on here.
    Not 100% sure you have a clear CUE for migraines, again I have to dig deep into what you posted. I do see potential 4.6 violations and if @Berta has the time to review your stuff and says you do, I wold trust her opinion and follow her recommendations.
    however, from what I see you were not sent for anything for your dizziness and they should have.
    The Dr in your TBI statement does not believe you have residuals of TBI yet there is no MRI showing. You want that MRI for this and for a couple other reasons. I would also note that there is a missing page in the file you posted, like it was not scanned properly, I would get that page. It looks like it might be available from your VAMC Records Office instead of just in your C-File.
    you need to search your in service medical treatment records for anything to do with vision, headaches, hearing, dizziness, nausea, etc.. pay close attention to dates AFTER you got blown off that rig.
    you want to also look for any mention of reprimands, bad behavior, anger, fear, fighting, reduction in performance, or other inappropriate behavior. 
    I also see a lot of development based on a lack of evidence. In other words assumptions declared because the person says there was no record...you need to find those records if they exist. A CUE may reside in there someplace.
    While you are searching your records and trying to find buddy's from that time to give a letter, I suggest you put in a claim for TBI and one for Dizziness.
    If you suffer ED put in a claim for SMC(k) tell your PC and get viagra and then move to cialias, if viagra doesn't help.
    you are relatively young by the dates that are visible, but do you have any form of voiding dysfunction, you don't have to answer here, but if you do put in for that. PTSD and nocturia are common. They will ask you about "pad" use. Look up the DBQ and understand what they are looking for
    This applies to any and all claims you might have. Read the DBQ and the CFR to understand the VA's parameters.
    With the TBI and with the Dizziness you want them to send you for an MRI. The MRI will show if you have an Empty Sella or Partially Empty Sella as well as other possible bruising or damage.
    If you have issues with the Sella you do have some proof of residuals from a TBI. The sella covers the pituitary and when "crushed" it can harm that Master Gland that controls all of your hormones and be a direct service connection for sexual drive issues, loss of creative organ issues, and things like anxiety, depression, etc that all play into your PTSD. The sella can be crush in a low impact (5mph) fender bender so getting blown off a piece of equipment can do it too.
    The evidence list is devoid of any mention of TBI and Dizziness. You might have a claim for Duty to Assist, Duty to Notify and Duty to Infer, but again I cannot be sure and hope others chime in on those directly.
    AS I stated while you are combing through your CFILE for additional records in support of your issues, including headaches in service, file those claims. There is a specific type of Vertigo that is associated to Migraines which you may have and it looks like they failed to help you find out or even mention.
    There are in all about 12 types of vertigo, and the one associated to migraines is "with or without" onset of a migraine. meaning your head may not hurt but the world swims around you. If you get nauseous with the dizziness this version may be their starting point.
    I just had another VNG, and I don't wish it on anyone, but it is the VA's definitive test that your vestibular system works right but your Hearing loss, Tinnitus and Dizziness/Vertigo is in your brain not your ears. The VNG amounts to being water boarded through the ears after they spin you around for 40 minutes with flashing lights and other moving light tests done in a completely blacked out booth with blinders on.
    Vertigo w/ hearing loss and tinnitus can be rated as Meniere's if that is the highest possible rating. The max on Meniere's is 100% depending on if you have the "drunk walk" and how often. look up the dbq.
    that is where I suggest you start. I will dig in when I have more time.
     
  3. Like
    MAC64 reacted to GeekySquid in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    okay took a minute and did a quick scan.
    am I missing your TBI evaluation DBQ?
    Where is the doctor's explanation besides "see nexus"?
    please include the missing pages 1-3 of the initial decision I am looking for the evidence list and wording.
    The doc basically says you had a TBI so where is the follow up DBQ and examination that should trigger, Duty to Assist comes to mind if they didn't give you an exam for that.
    do you have other STRs like that?
    Do you have a report or STR about the blast? date time etc?
    can you get a buddy statement from that time?
    there will be more but that is a start for you.
  4. Like
    MAC64 reacted to GeekySquid in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    I will read them and hope others do too. It will be later that I can really dig into your docs so please be patient.
  5. Like
    MAC64 reacted to GeekySquid in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    welcome @MAC64 
    First and foremost to understand your situation properly more information is needed.
    To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs .
    Cover your personal identifying data thoroughly. simple black marker doesn't work.. heavy sharpie or scan doc and redact using Word or PDF editing software.
    CUE is a Clear and Unmistakable Error that has to be attacked using Law instead of just a difference in opinion or diagnosis.
    Without seeing those docs I cannot say if CUE is probable but you should have a New and Material Claim.
    The dates are important, and if the STR's were in place when the denial C&P occurred and the VA overlooked them then they are "new" and they are "material" to the denial.
  6. Like
    MAC64 reacted to vetquest in 3 Points Needed to Prove Adjudication Made a CUE   
    Mac64, I would go with broncovet's suggestion.  He has been doing this for a very long time.  Good luck re-opening your claim.
  7. Like
    MAC64 reacted to Oceanbound in 3 Points Needed to Prove Adjudication Made a CUE   
    Not only did the RO do so but it is on intent. And if you have to ask a question, not knowing the answer before hand, then the answer is yes, for that as it was shown there is a system before you started and hit start game--The Legend of Zelda. For that "first impressions matter" and on the spot are granted to proceed. 
    For that most submit claims are blank "book reports." Remember doing book reports in school, this is the same exact thing. What you originally did was turned in a blank book report and expected to get an A from the teacher who isn't even in the class room as it was shown in the movie Real Genius, watch the film. 
    My original claim the C&P doctor said I had GWS but didnt sign the DBQ and I moved on with my life, and now after lawyered up, my lawyer and I are fighting this. 
    Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.
  8. Like
    MAC64 reacted to Berta in READ FIRST if you feel you have a potential CUE claim   
    There is considerable info here in this forum on CUE-it is not really a ‘claim’ -
    it is a frontal attack on a recent or past VA decision, whether award or denial.
     
    And explained in many of the articles I have already written-no sense in re- writing what is already here-
    This is where you need to go if you think you have had a CUE in any past or recent VA decision.
    https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptiv/ch02/M21-1MRIII_iv_2_SecB.docx
    The M21- MR link has info as well on 3.156 claims too.
    A legal error means just that. It could mean the improper diagnostic code, used to your detriment, based on the medical evidence, an improper EED based on established medical evidence , in VA’s possession at time of alleged CUE, or often a violation of 38 CFR 4.6 because VA failed to consider Probative evidence, that you can prove they had.Such as ignoring a probative IMO/IME or ignoring any other type of evidence they had ,that fully  advanced your claim.
    If they mention the IMO/IME in the opinion, that means they did not ignore it- but probably didn't read it well, or, as in my case, over my last CUE, they did list my evidence ( 4 pages  -opinion from OGC VACO cardio doctor) but never mentioned it in the decision, They reversed immediately when I filed CUE the next day. The award letter is dated 3 weeks after the denial.
    A CUE on an improper EED is the same- scenario- the VA failed to consider evidence they had that would warrant a proper EED, of a ratable condition (at least at ten percent, at time of the alleged CUE decision.
    I could write a book on CUE, because in the past 25 years VA made just about every conceivable error on every decision I got. But what is the point.
    Everything you need to know is here.
    My initial denial for AO IHD ,I have brought  up to the Nehmer Philadelphia   VARO-as well as within info I gave to the VA OIG Counsel who handles their section on audits.
    I filed CUE and mailed it the next day.(2012) Within 3 weeks they reversed and adjudicated the claim.
    It was brief,(the CUE)  one page, I made a point on how ridiculous the denial was and stated the regulation they broke- 38 CRF 4.6 and mentioned this to the Director of the Philadelphia VARO in a recent letter,to her ( copy sent to the IG) with my concerns of how many other widows of AO exposed IHD veterans got a denial as ridiculous as that one….and they might have never even appealed or had a vet rep who didn’t advise them properly to CUE it.(AO IHD death claim)
    I might have posted that CUE here-
    Examples of all sorts of CUEs are here, as well as templates…… and they should never become so involved that they become convoluted.
    Try to get it all on one page. If it is a CUE on a recent decision, address the CUE as Attention to: and put the alphanumeric there.That alpha contains the initials of the last person who handled your decision.
    If you need more info and still believe you have a valid CUE and that it is worth pursuing, you can also purchase the VBM by NVLSP , where they have considerable info on CUE and actually on everything any claimant  needs to know about the claims process. Chapter 14 of the 2018 VBM-2019 holds 59 pages of info as well as numerous other references to CUE in the VBM index.
    And if you go to the BVA web site, under decisions, you can search for CUE and why they awarded or why they denied.I learned plenty on CUEs by seeing them in action at the BVA and also the CAVC.
     
    NVLSP is a pro bono law firm who won the Nehmer Class Action Case.
    Do not be easily discouraged if you find you have a valid CUE-if anyone here says you do not have a basis for CUE, ask them to attach their most recent CUE award.
     
     
     
     
     
  9. Like
    MAC64 got a reaction from ShrekTheTank in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    Hey Petty Officer, 
     
    Thank you for your reply! I do have a question about a problem you see (So the biggest problem I can see is you just got your diagnosis of headaches.), why is my current diagnosis a problem? 
     
    How do I get in touch with Ms. @Berta? 
  10. Like
    MAC64 reacted to ShrekTheTank in Denied SC for "Headaches" in 2010 | Poss CUE in 2019.   
    From everything you just told me it sure does sound like a CUE.  As they are citing your medical record on which you are saying it is very clear you have had issues with your head and headaches.  So the biggest problem I can see is you just got your diagnosis of headaches.  @Berta is the best one here with CUE's if she has time she might be able to take a look at this.
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