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BAM_

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About BAM_

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    ARMY

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  1. @lawbro my HLR just closed last Thursday (06FEB20). Got the BBE yesterday and to my surprise it called for a reduction in my overall combined rating. Just to give an update I was seeking EED for two different issues, one was resolved as I noted in my original post, the other they found a CUE and had to address it. So they did agree with me that I should have had an EED for the second issue. However the CUE was from the last C&P I had with that same issue I was asking for an EED, they had the C&P Nurse Practitioner go back in and change her findings and it wasn't good for me. So that actually lowered my rating. I have read many times that when you put in for anything they can look over everything. To sum it up. I got a EED for both issues and retro pay for both but they then had an amendment done to a C&P exam and change the rating. So it drop 10% for me. I contacted my VSO and they have requested a hearing, which is one of the options I have. Took almost 6 months from beginning to end.
  2. Yes, the early effective date was changed on one of my issues last week and Monday my back pay hit my bank account. I checked Ebenefits and it was changed from 1/30/2019 to 1/13/2016.
  3. Thanks, @Kuwaitin08 I will definitely be on the look out. Did you ever receive a letter explaining what the error was. I would think they would send that info out to keep us informed.
  4. Thanks @GeekySquid I felt like I was losing my mind for awhile just trying to get someone, anyone to look at the EED and see what I was seeing, so this was a big win for me. Looks like I may still be in for a uphill battle with the other EED but just to get one done made my day.
  5. I recently posted on here my confusion about appealing an EED to VBA or HLR. My VSO had me submit an appeal with a HLR. In case anyone is interested in how that process is going for me, here's where I'm at. Submitted HLR received August 7th HLR made decision September 19 (claim closed temporarily) VA identified an error September 19 Veterans Benefits Administration is correcting an error September 22 (New status) The HLR did make a change to one of my EED appeals (I have two that I'm claiming for a EED). HLR changed it from 1/30/2019 to 1/13/2016. Retro pay hit my account today. I'm sure I will receive some details on the decision in the mail and hopefully what the error is. I called Peggy Friday and they just said I'll get the decision in the mail and they couldn't tell me anything over the phone.
  6. Thanks @MrPain7 and @GBArmy. MrPain7 yea also hope the 93 is right...the bilateral throws me off. I did the calculator that GBArmy suggestedand it was 91.8352%, so I'll just focus on this new claim see if I get rated for any of the conditions and go from there.
  7. I see I still have some work to do. @GeekySquid I have never been evaluated for TBI...not to bore you with the details but I was doing OPFOR exercise in Hohenfels Germany and hit my head on a deuce and half tailgate. The medic patched it up but being out there for over a month it didn't heal well. Once I got back to the rear and was able to see a doctor they said they needed to do surgery to clean it up, so I ended up with two scars. Side note: It wasn't easy walking about the Kaserne with a head gear profile. Usually I'd turn around and show them all the staples in my head and they'd just keep it moving!
  8. Thanks for all the answers, I appreciate all the advice. @GBArmy can you let me know how you got to 91.83%? I seem to confuse myself with doing the math especially with the bilateral ratings since I thought I was 93%.
  9. I need a little help with VA math, I'm trying to figure out what I need to get to 100%. I'm currently, I think 93%, rounded down and rated at 90%. Will the VA go off the 93% or will they go from the 90%? So my question is, what % will I need to get in order to get to 100%. I currently have a claim in for Cervical Spine with Radiculopathy, Dyspnea Shortness of Breath both secondary to Ankylosing Spondylitis and an increase for Eye Condition that's currenlty rated 0%. So I'm doing the what if scenario... Here is how I'm currently rated for the 90% 50% MH 50% Ankylosing Spondylitis (Back) 30% Scars on Head 20% Right Shoulder (Bilateral) 20% Left Shoulder (Bilateral) 10% Right Hip (Bilateral) 10% Left Hip (Bilateral) 10% Tinnitus 0% Acne 0% Eye Condition
  10. GeekySquid that is a scary statement "we work for the VA..." I think I'm going call and try to talk with the VSO at the VFW Monday to see if I can get a better feel for what their strategy is, at the same time I think I may need to take more control, just not sure how at this point.
  11. Thank you broncovet for your reply. My VSO does have VBMS access. I know this because after I brought up the issues with the first C&P exam compared to the second C&P exam, she pulled up that exam and found where the examiner marked: Ankylosis and check Favorable. Since they submitted a Higher Level Review and had me cancel the BVA claim I believe the evidence is in the file, other wise I don't understand why they would have choose that lane since it seems like that lane is not one that should be picked based on your answer. I believe I did see where I can still submit a supplemental claim lane if I get denied from the Higher Level Review lane. Just frustrating since I feel I was given the wrong advice.
  12. Hello Vets. Long time reader, first time posting. I hope I can get some advice on my situation as many of you have helped me over the years without even knowing. Thank you! History - I submitted a claim January 19, 2016 for Increase to SC Ankylosing Spondylitis (Thoracolumbar) Rated at 20%, New Claim - Hip Pain secondary to Ankylosing Spondylitis and Leg Pain secondary ankylosing spondylitis. C&P March 11, 2016, Decision March 24, 2016. No increase for AS (20%) and denied for all secondary claims Filed NOD February 03, 2017 Opted in to RAMP July 27, 2018 with the RAMP Claim Nov, 25, 2018. C&P January 30, 2019, Decision March 8, 2019. Granted 50% Unfavorable Thoracolumbar Spine, 10% Right Hip, 10% Left Hip secondary to Ankylosing, denied leg / knee pain. My EED of January 30, 2019, not what I was expecting Present - I was going over my C&P exams trying to understand why my EED wasn't January 19, 2016, since that is when I put in the original claim. I also wanted to know what was the difference between the March 11, 2016 exam and the January 30th, 2019 exam that got me the increase for my Thoracolumbar and both Hips being rated since they used the same XRAYS and MRI in both exams. Well I noticed that on the March 11, 2016 exam the examiner answered: 9. Ankylosis ----------- Is there ankylosis of the spine? [X] Yes [ ] No [X] Favorable ankylosis of the entire thoracolumbar spine This is from the January 30th, 2019 exam and I was awarded 50% 9. Ankylosis ----------- Is there ankylosis of the spine? [X] Yes [ ] No [X] Unfavorable ankylosis of the entire thoracolumbar spine It seems like they should have at the very least increased my SC Ankylosing Spondylitis to 40% from 20% on the March 24, 2016 decision based on the spine ratings. But they didn't give me an increase. So I wasn't sure what to do and took this information to my County Veteran service organization and they put in an NOD BVA appeal. When I didn't see my appeal showing up on VA.GOV I called them and they said they gave my appeal form my POA VFW, ok so I call the VFW and they confirm they submitted it, fine. My BVA appeal shows up and I had a question about it so I called my VSO at the VFW and ask my question and then say: "Oh you don't want a BVA appeal for this, we need to cancel this appeal and put in for a Higher Review request" This is where I'm at two weeks ago they had me sign a form VA FORM 21-4138 canceling my BVA appeal and submitted VA FORM 20-0996 Decision Review Request: Higher Level Review. I'm so confused if this was the right approach. Any advice would be much appreciated. If you all think I should post my decision letters to really help, I can do that as well. Here are the spine ratings: Rating Cervical Spine Thoracolumbar Spine 100% Entire spine frozen in an unfavorable position. 50% Entire thoracolumbar spine frozen in an unfavorable position. 40% Entire cervical spine frozen in an unfavorable position. Flexion measures 30° or less. -OR- Entire thoracolumbar spine frozen in a favorable position. 30% Flexion measures 15° or less. -OR- Entire cervical spine is frozen in a favorable position. 20% Flexion measures more than 15° but not more than 30°. -OR- Combined ROM is 170° or less. Flexion measures more than 30° but not more than 60°. -OR- Combined ROM is 120° or less. 10% Flexion measures more than 30° but less than 45°. -OR- Combined ROM is between 175° and 340°. Flexion measures more than 60° but less than 90°. -OR- Combined ROM is between 125° and 240°. 0% Flexion measure 45° or more. -OR- Combined ROM measures 340° or more. Flexion measures 90° or more. -OR- Combined ROM measures 240° or more.
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