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th175

Seaman
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About th175

Profile Information

  • Military Rank
    CW2

Previous Fields

  • Service Connected Disability
    40%
  • Branch of Service
    USA

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  1. I'm not trying to commit fraud I'm just trying to figure out my obligations. My doctor's note states 4 months inability to return to my work. My job is safety sensitive and requires more than most jobs in terms of health/physical condition. The regulation for convalescent 100% states: A definite convalescence period requires no future control. If rated correctly, there is no potential for overpayment of the total disability period. The rating that assigns the 100-percent evaluation also sets a subsequent evaluation to take effect after the specified period of total disability ends. To me this says it's not possible to be in an overpayment situation because they're paying you based on the doctor's guidance at the time of rating. If I recover faster I'm not going to not go back to work so I can pocket an extra $2,000.
  2. If I'm granted say 3 months of 100% convalescence pay does that preclude me from working any job? Can I work part time in a job other than my original one? Also, if I return to work earlier than planned do I need to do anything like notify the VA?
  3. I didn't know what I was doing and VSO just threw everything at the wall. I had a diagnosis of scoliosis at the time but not DDD. They said scoliosis is preexisting based on the meps doc notating it but not doing any measurements. Didn't have a diagnosis for ddd until after when I saw a private doc. So my plan is to get a nexus letter and medical evidence for the bva.
  4. I asked a similar question some time ago but am confused about something still. I have a BVA hearing waiting to be scheduled for my lower back claim. My original claim was filed as "lower back condition" and denied as "pre-existing scoliosis." My doctor has diagnosed me with DDD. If I want to be rated for DDD and not scoliosis, do I submit a new claim? Or do I submit all evidence to the BVA hearing and tell them I want to be rated for DDD not scoliosis? Thanks
  5. I applied for temporary 100% following shoulder surgery. It shows on ebenefits as a "left shoulder (increase)". They scheduled me a c+p exam as well. Is this normally how it goes? I thought they would just review my surgery report. Will the c+p results change my static disability %? My ROM is much lower following surgery and would qualify for 30% rather than the current 20%. Or will they only use this c+p to evaluate if I qualify for 100% temporary?
  6. Thanks. Is bringing the IMOs to my hearing not allowed?
  7. I appealed my lower back condition (DDD, strain) and am still waiting on a virtual hearing since July 2020. I called and they said they are still on 2019 claims but would not give me any other information. From what I've read on here I'm better off withdrawing my hearing and submitting a supplemental claim with IMOs. I know I would lose the back pay though. Are there any other negatives to withdrawing my hearing? Does anyone have an idea how much longer I'd wait for a hearing? Thanks
  8. Thanks I'll do that. I requested an in person hearing for my appeal and the DAV is representing me, so I assume I give all evidence to the DAV instead of uploading it to my claim on ebenefits.
  9. Amazing thank you. I flew blackhawks. Should I mention that I did not seek medical help for my back in service for fear of losing flight status? How would I go about adding that to my claim?
  10. Thanks. Does the IMO/nexus letter have to include a C+P performed by the doctor? Will the VA schedule me for another C+P? The scoliosis was mentioned somewhere in my MEPS exam but I can not find it anywhere and I have my medical records. The VA must have a document I don't have. Therefore I think I will be just trying to prove the arthritis was caused by service.
  11. Thanks for the reply. Is an IMO the same thing as a nexus letter? The DAV only sent me the nexus letter template and told me to have the doctor explain why it is secondary to one of my service connected disabilities. This led me to think that having the doctor give his opinion that my injury was caused by service would not be good enough for an appeal. Can just a doctor's opinion with no in service treatment records be enough?
  12. I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing. Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed "2. Mild anterior endplate spurring, with disc heights maintained. 3. Thoracic dextroscoliosis, measuring 22 degrees" Which I'm told is indicative of degenerative disc disease and/or arthritis. However, I don't have any in service medical treatment records for my back because I never complained due to fear of losing my flight status as a pilot. I'm being seen by a private sector doctor and getting facet joint injections and medial branch block. How should I appeal this? Should I get a nexus letter stating the arthritis was caused by my service on active duty as a pilot? Or should I ask the doctor to tie my lower back condition in as a secondary condition to cervical strain or shoulder problems?
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