vetwife

WOW, I can just imagine the happy dance your husband is doing in heaven - smiling down & now able to rest easy that his wife is taken care of. Your success & your post will inspire others to keep up with the fight. Congratulations!

Thank you for the heads up - I will wait for the official letter before getting anymore excited . On the letter generator - it shows 100%, but it also shows his pay rate now at the 100% (w/spouse & children) - did yours show the higher pay rate as well, or just the 100% ? Thanks again for the information.

Thank you all so much, I am sure hoping there is no mistake, boy that would be awful.... Should I expect the letter this week? I don't have a POA or service rep. to call. My husband wasn't comfortable with someone else knowing all his problems & having access to all his records, so I have done all his claims - with lots of help from Hadit & all you wonderful members - always ready with a supportive comments, great suggestions & tons of knowledge. Not to mention this success forum - with inspiration to keep going when you feel defeated (I've read here often through this process).... We have several claims open - 2 of them go back to early 2005, I am cautiously optimistic this is for 1 of those - The only plans we're making right now is to put braces on 1 of our children - we'll wait until it actually comes to plan anything more than that:0) Thanks again for all the advise and encouragement & thanks for an outlet to share our wonderful news. Hope there is more great news for others today as well.

Thank you so much for the warm wishes jmack, may God bless you as well. I love the success stories on here. They offer so much encouragement and inspiration. I'll post more details once the envelope arrives & I know more.

Oh my gosh, oh my gosh OH MY GOSH!!! I logged in ebenfits & the letter generator shows husband is 100% !!!! I noticed a new letter available too - the commissary privileges - it states he is P&T !!! no further exams. The status was 40% on Friday - so this just happened today. No letter or payment yet. I don't want to get too excited... but can't really help it.... I am so so thankful! It has been a very, VERY long road. I can't wait for the letter to come in the mail ! Is there any chance the letter generator is ever wrong?

Thank you Berta.

When you file a 1151 claim, and then a tort claim for the same issue - who gets the files, or do both offices have copies? My husband just received his SSOC from AMC and they say there is only 2mths of records for his 1151 claim & there is nothing else & no follow up visits. No MRI & no records of the civilian Dr's records we submitted to the VARO 4+yrs ago. There is a lot of missing records (I DO HAVE STAMPED COPIES & WILL RE-SEND) I'm trying to figure out if someone in RO shredded them (or put them in someone elses file) , or they are in DC with the tort claim in a box somewhere.

Spine specialist said his forward flexation was 15 & then had him lay on his back and pushed legs, it was 30. DDD on lumbar spine was granted, but What should the rating be with those numbers?

"Proposal to reduce" was the VARO's response to my husbands request for increase as well. They did reduce to 0% and kept it at 0% for several months. It was like a slap in the face, we felt like quitting too, but we didn't After NOD it was eventually restored to original % with back payments for those few months. There are some raters on a power trip, that want to let you know they are in control of your claim - they are NOT! It doesn't stay in their hands forever, and eventually the higher ups see their abuse of power. Keep appealing , get your % back (or raised) and hopefully the SOB incompetent rater fired!

Thanks to you all for your advice. I did send the NOD (w/proof of mailing) to keep the EED for any possible increase in rating. He has an appointment with the spine specialist next week. MRI & x-rays too, so I will make sure to get copies and submit as evidence. He is not rated under IVDS, he is under DDD @ 10% using ROM, but the ROM they used was from 6 yrs ago. I think the bone spurs are causing a lot of issues, but will wait and see what the MRI shows & Dr opinion . I'm sure I'll post more questions next week. Thanks again

So if a large osteophyte (bone spur) grew on the DDD area & was impending on a nerve/blood flow etc.. would that be a secondary claim to the S/C DDD ? or would it be lumped together?

Is there any rating for osteophytes that grow on the degenerated area?

Why would RO send your BVA granted claim over to AMC? Does AMC ever rate claims or are they always sent back to RO to rate?

Thanks, that is what I thought - don't want to loose the EED - is it possible to send in the NOD, but request they wait until the other claim is rated before pulling it? It has been over a year since granted & been waiting for a rating since. Hate to have it pulled out of the pile.

My husband was granted s/c for DDD in May 2010, He was also granted another issue and had other items remanded. The BVA sent claim back to RO for rating. RO rated DDD 10% in June 2010. & sent to AMC to deal with the rest. The 10% rating for his DDD was low & it was based on a 2005 C&P (5+ yrs old at the time). Since then x-rays have shown more damage & flexation is much less. As you know DDD is progressive We wanted to request the higher DDD rating based on the above, but didn't want the rest of the claim to be taken out of the rating stack to work this claim, so we decided to wait until those were processed. Since we had a year to file a NOD, we thought that was the best route..... It has been nearly a year & those are not processed. Should we file the NOD or request for higher evaluation now (only have about 2 weeks until year is up) Or continue to wait & loose eed. We don't want to loose the retro if the other claim gets low-balled, but don't want to slow things down anymore than they are.... Also, he has an appoint with a spine specialist next month, which I am certain will give us more evidence for the higher rating - but it is after the 1 yr mark. Could I send in the request for higher evaluation to keep the effective date & then send the new spine info after the exam?

You can also have the BVA adjudicate without a hearing. We did not request a hearing, and let the evidence speak for it self. In my husbands case, it was very clear & our RO was very unjust in their denials. The BVA granted 2 claims and remanded some others. Though most will agree a hearing is best , it is not something you have to do. Just so you know there is that option.

My husbands claim is at the AMC. Do I still file the intent with the RO or with the AMC ? This is on a claim the BVA granted then sent back to RO for rating. RO sent it right over to AMC in May 10'. It's been over a year since BVA granted.

So, I sent a letter to the AMC and sited the FAST letter below & stated how they should have rated my husbands "granted" claim before working on his remanded issues. I sent it on April 15, It is May 19 (over a month later) and I have had no reply. I sent it only through the mail, not throught IRIS I did not state I would file a Write in the previous letter - I wanted to give them a chance to respond to my letter and go from there. Since they have not responded should I re-send by mail or IRIS or both and tell them I intend to fill a Writ by xxx date? Or should I just go ahead and file the Writ?

My husband went to the WRIISC in DC several years ago. He stayed 2 nights. It was very positive in that they were very supportive and kind and treated him with respect. They did test he wouldn't have otherwise gotten at the time (brain scans & sleep tests) - the only down side, he did not come away with any new treatments - however, this was about 3 yrs ago . There is a LOT of new studies and info . I have been thinking about seeing if he could go back for a follow up. He was happy he went and would go anywhere there is any hope to help him feel better. The sleep study ruled out sleep apnea - that info helped his Dr in diagnosing CFS, and supported his claim for CFS (he was finally granted by BVA - still waiting for rating) They are not there to help your claim, but there is a good chance their findings can be used to support your claim. They are definitely not there to do anything that would adversly effect your claim. They stay out of claims - but again, good chance you will find information you can use to support your claim. I do not think you can get compensation for time off work. But, the vets hospital sets up the dates and pays for the flight there. The WRIISC pays for the flight back. Meals while you are there are included. So there is not cost to you - except time off work. 3 years later, with all the new studies and reports from the IOM , Boston University etc... I would think they are even more educated and helpful than when my husband went. I know it was scary for him (and me) before he went, just not knowing what to expect and how you'll be treated. After going, he was very happy he went. Just to have someone acknowledge what you feel is real - that is huge, even if there aren't treatments yet. Again, they are very nice, respectful and and courteous., and he would go again if given the opportunity. Hope this helps.

I would go ahead and send ANY additional evidence or Dr statements to support your gallbladder claim immediately. If you can do anything to support your claim and get it approved on the first time around, by all means do it!! Since you claimed it secondary to your IBS, you don't really need this new FGID for presumptive connection. Also, they have not finalized this rule as of yet . Once they do, if you are denied, you could ask them to reconsider your gallbladder under these new regulations as well. It shouldn't have to be a new claim to be considered under the new rule. As far as the Gallbladder being a 2nd claim - everything you list at 1 time is considered 1 claim, it is all worked as 1 claim, but They will rate the items separately - I think that is what your VSO meant .

Federal Register , proposed rule to include Presumptive S/C PGW vets's for FGID (Functional GI Disorders) Final action in April 2011 the current proposed rule does not create a new presumption of service connection. Consistent with 38 U.S.C. 1117, it clarifies that functional gastrointestinal disorders fall within the scope of the existing presumption of service connection for medically unexplained chronic multisymptom illnesses. My link http://federalregister.gov/a/2010-28707 38 U.S.C. 501(a), unless otherwise noted.Show citation box 2. Amend § 3.317 by revising paragraph (a)(2)(i)(B)(3) to read as follows:Show citation box § 3.317 Compensation for certain disabilities due to undiagnosed illnesses. (a) * * *Show citation box (2) * * *Show citation box (i) * * *Show citation box (B) * * *Show citation box (3) Functional gastrointestinal disorders, including, but not limited to, irritable bowel syndrome and functional dyspepsia (excluding structural gastrointestinal diseases); or Note to paragraph (a)(2)(i)(B)(3): Functional gastrointestinal disorders are a group of conditions characterized by chronic or recurrent symptoms that were present for at least 6 months prior to diagnosis and have been currently active for 3 months, that are unexplained by any structural, endoscopic, laboratory, or other objective signs of disease or injury and that may be related to any part of the gastrointestinal tract. Common symptoms include abdominal pain, substernal burning or pain, nausea, vomiting, altered bowel habits (including diarrhea, constipation), indigestion, bloating, postprandial fullness, and painful or difficult swallowing. Specific functional gastrointestinal disorders include, but are not limited to, irritable bowel syndrome, functional dyspepsia, functional vomiting, functional constipation, functional bloating, functional abdominal pain syndrome, and functional dysphagia.Show citation box [FR Doc. 2010-28707 Filed 11-16-10; 8:45 am]

After it goes to the BVA -..... If they grant your claim , then it goes BACK to your VARO (or over to AMC ...) for rating. When we got the envelope from the BVA granting 2 claims & remanding others, we thought it was over & award would soon follow. A year later... we're still waiting on AMC to rate...

How do I do that? What should I file & whom should I send it too?

The way I read it - the lower ratings do require bed rest be prescribed by physician , but The 100% does not say it has incapacitating episodes - so therefor it doesn't require bed-rest to be prescribed. "Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100%" The note only applies to determine "incapacitating episodes" which are not mention as a requirement for 100%. Does anyone else read it this way?

Just updating for those looking for information Husband was sent for new C&P for rating of 2 granted claims. & also had 1 rated with old C&P - so you were all right The VARO did rate 1 of the granted claims for DDD - just using the 5+ yr old C&P & only gave him 10% - then... they sent rest of file over to AMC... AMC sent him for new C&P on 2 other granted items back in October. Haven't heard from them since.....