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LightofSolitude

Third Class Petty Officers
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About LightofSolitude

  • Rank
    E-3 Seaman

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  • Interests
    Jesus Christ, VA Law, Fishing, Music, Gardening

Previous Fields

  • Service Connected Disability
    80%
  • Branch of Service
    USAF

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  1. Congratulations on a hard fought battle!!!
  2. This seems like a "clerical error" by VA in constructing the correspondence. The VA lists your sleep apnea at 20%. Based on the document you posted, VA states the following: Under The First Bullet Point: "The evaluation of sleep apnea is continued as 20 percent disabling." Under The Second Bullet Point: "We have assigned a 50 percent evaluation for your sleep apnea based on: Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine." The ratings for sleep apnea are (0, 30, 50 and 100) according to Diagnostic Code 6847; so a 20% makes no sense
  3. What the VA is saying here is that you may meet the criteria for a higher rating under "another diagnostic code" for your skin disability. Double check your original award letter and see what "Diagnostic Code" they rated you under. Then you can construct an argument for a higher rating under another diagnostic code. You said that you are not sure if it's worth fighting. In my humble opinion, it is worth it if an increase under another diagnostic code is warranted which could also generate a potential "SMC award." Ultimately the decision is yours. I wish you the best!
  4. Congratulations! It's always nice to hear when a veteran wins a hard fought claim!!
  5. I filed my application for clothing allowance on "Monday July 13th 2020" and it was paid to me on "Wednesday August 19th 2020" by direct deposit. The deadline for filing is "August 1st 2020." If your application was received by VA on or before that date, you should be ok. According to VA.gov, it states the following: "Note: If you qualify, you’ll receive payments between September 1 and October 31." Your location could play a factor in regards to processing times for these types of claims. I was a little surprised that I got my payment so early. Here is the link if want to read more
  6. Forgive me for the late post, as I actually got this decision at the end of July 2020. It took two months for it to sink in to my thick head. I was increased to 80% combined disability. Here is the kicker: the VA also awarded TDIU along with that increase. Even more surprising is this: this was a “regional office adjudication” and not a BVA appeal. At this point, I have had three decisions (the initial 50% award, which was then CUE’d and increased to 60% by a second decision. A subsequent increase was filed again and about 10 months later was increased again to a combined 80% with TDIU.)
  7. I agree 100% with this statement. There are a lot of veteran's out there that may be intimidated by CUE's and it is totally unnecessary. The VA is not going to get away with making any legal error(s) in any one of my claims as long as there is breath in my body. Excellent advice Mrs. Berta!!!
  8. If you get increased from 30% to 50% for migraines, your combined disability rating would be “94” which would round down to 90%. Strategically speaking, you would want to file a claim for increase when you are pretty sure the award would get you to the next “tier level” so to speak, which for you would be going from 90% to 100% and not staying at a combined 90% after an increase. It is possible to go from 30% to 60% for IBS, but that would depend on what diagnostic code the VA rated you under for IBS (it is capped at 30% unless you have gastritis or GERD symptoms which would warrant a hi
  9. You stated that you only have “one entry” in your service treatment records of an in-service event or injury. This is a starting point. You also stated that you started taking meds for anxiety / depression. Yes, anxiety and depression are early symptoms of MS. However, anxiety and depression are also early symptoms of Post Traumatic Stress Disorder and a whole heap of other mental health disorders. This is why it is imperative that you have a “medical specialist” make the connection for you. In regards to Continuity of Symptomatology, pay close attention to the bolded (pertinent part) o
  10. A Board Certified Specialist needs to link your current symptoms to “the established in-service event / injury” NOT to your post service symptoms. This is where the problem lies. An HLR will most likely confirm the denial again and you cannot submit new and relevant evidence with this option. The nexus in the “DBQ history” that you uploaded is poorly worded and has an insufficient rationale to support it. If you submitted this evidence as is, the VA will most likely say something like this: Service Connection for Multiple Sclerosis is denied because the doctor’s rationale is based on you
  11. In order to receive a grant of the benefit sought after a denial, you must first understand why the VA denied you. You must also understand the facts of your own claim. Observe the following two quotes below from your decision letter dated April 21st 2020: 1. “To establish direct service connection for a claimed disorder, objective evidence must show a diagnosis of a current disability that is related to a disease or injury incurred in or aggravated during “active” service;” 2. “Veteran was in a motor vehicle accident 11/90 prior to his active duty and was treated during his active
  12. “Service-connection for this condition remains denied as the evidence continues to show this condition was not incurred in or aggravated by military service.” Whenever I see the above statement in veteran’s decisions, two things immediately come to mind: 1. There is a “negative C&P exam” on record (to which VA used to justify a denial of benefits) OR 2. You have no independent medical nexus opinion at all in your C-File What you have to do here is get an expert independent medical opinion to rebut the negative VA opinion on record. You want to get your claim
  13. The moment of victory never gets old! Congratulations on your hard fought win!!
  14. It's good that you are considering an IMO, but remember, you cannot submit this IMO as "new and relevant evidence" if you choose the "HLR route." It might be in your best interest to take this straight to the BVA. For some reason, the VA loves to deny sleep apnea claims. I know through years of research and reading endless court cases that sleep apnea is one of the more difficult claims to win at the Regional Office level, but not impossible. Whatever you do, do not give up. Perseverance is key, especially in your particular case.
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