broncovet

I have never received an email from the BVA. (And, I had appeals there at least 4 times that I recall, probably more). But, things do change. It would be a nice change. I have to admit "IM SHOCKED" to hear BVA would send an email notification of a decision for more than one reason: 1. Email is not secure, and is often hacked. This alone, often means companies wont communicate a lot of stuff by email. My doctor will only do it "via secure mail" where you must login to myhealthevet. 2. BVA "just doesnt" summarize the decision like that. At least not that IM aware of. They send you "the whole enchilada" decision or none. No summaries. But maybe they turned over a new leaf.

I dont see how its possible "to only be housebound" for one day. Specifically, housebound defination (per VA) is that you are "substantially confined to the premises". Further, VA has added that "substantially confined to the premises" means the Vetean cant leave the house except for doctors appointments. Using the definition of "housebound" VA uses, I dont see how one could only meet the criteria "for one day". What day WAS that anyway? Chrismas? Most of us stay at home for CHRISTMAS!

It would take a complete review of the file to know for sure, but this sounds like "just one more" bogus denial to me. VA often denies for bogus reasons. Please Allow an example: The US Supreme Court Justice, Roberts, was "suprised" to hear that the VA persues claims "against the Veteran" (from a legal perspective) that are "substantially unjustified" way more than half the time.. I will explain. At the CAVC (Court of Veterans Claims) level of appeal, Veterans are often represented by an attorney. And, if the Veteran wins, or even gets a remand, the EAJA pays the VEterans attorney fees "if the VA took a position against the Veteran that was substantially unjustified". This is most of the time! Frankly, a Veteran can send a law firm a BVA decision and, if the law firm discovers an error (often) they will take the case "with no out of pocket money from the Veteran ever" because they know the VA often takes a "substantially unjustifed" (aka bogus) position agains the Veteran. The reason the VA does this is "because they can" and because it often works. It works because many/most Vets dont appeal. And, even among those WHO DO APPEAL, the VA delays it so long the VEteran often dies, or gets so sick he can no longer continue, or just plain gets frustrated and gives up. Even when VA loses, They win. Why? because the VA has just gotten a 0 percent interest loan on the money. I wish I could borrow money at zero percent interest! My advice is you probably need to appeal. To appeal you begin by filing a Notice of disagreement. https://www.va.gov/find-forms/about-form-20-0998/

Congratulations! Where did you receive this notice "online"? Did your VSO/attorney send you an email? Did you find it on ebenefits/va.gov? The procedure is that the BVA grants the remand (Im assuming this was remanded to the BVA from the CAVC), and then the VARO "implements" the BVA remand with a disability percentage and effective date. This can take about 2 to 6 more months, but it can be quicker or slower than that. If you are not already set up for payments to be electronically deposited to your checking account, this would be a good time to arrange that. (One of my BVA grants was implemented in just 2 weeks.).

Since you posted you are 100 percent plus SMC S and SMC K, the only way for an increase is an increase in SMC. The only reason I file for an increase is in the event it could result in additional compensation or additional compensation for my family. For me, I dont need to add a bunch more disabilities to a list which do not provide additional compensation for myself of my family. Its unclear to me how any of those disabilites you mentioned, except PN have any chance of additional ratings. PN "may" lead to a loss of use, tho I really could not give an example of that happening. And, SC for PN could result in needing A and A, if the other disabilities did not already do so. DAre you getting A and A, or do you feel the need for same? If so, you should have included that. As far as "not applying" for SMC K, you should not have to. SMC are generally inferred, and the VA is supposed to award them "when you meet the criteria". Its certainly ok, or even a good idea to apply, if you think you deserve higher levels of SMC which I guess I will assume you are going for. In the light of the above, my suggestion would have been to focus on applying for things which have a good chance of an increase including PN, loss of use, and/or A and A, as these may apply. Bloodwork, I may specualte, may be necessary for an increase of DM, if your A1C is significantly higher than when you were rated for it. Also, for other conditions as a doctor may diagnose. Its not unusual for doctors to order blood tests, even when we dont see a need for them. I guess you could try to go to medical school if you really want those answers, because conditions of the blood may well help diagnose other disorders, to include PN. However, IM not a doctor, so Im not qualified to answer that question, its mere speculation on my part. My advice would be to attend to the c and p exams, submit to the bloodwork, and probably add any of the issues I mentioned above to your claim. (Such as A and A, if you need it, loss of use, if you have it) As an example, if you cant use your feet because of the PN, you may add loss of use of your feet to the claim. Finally, even if its your spouse or other family member who provides A and A, I would advise applying for it. The regulation specifically provides that you can still get compensated for A and A, "even if" its provided by a family member. So, if your wife cooks for you, helps you put on your socks and shoes because of your PN, helps you get in and out of the shower, does all the shopping and housecleaning, including laundry, and takes care of home maintenance, and you can not dirve, for example, so your wife must run all errands such as take you to the doctor, then you may qualify for A and A. I could have provided links, such as the regulation which demonstrates that you can still get a and a even when providend by a relative, as well as application forms for A and A, but you seem to know your way around. Let us know if you have more questions or there are other things you need. I guess you know about Independent Living, right?

You do NOT have to have a diagnosis of sleep apnea in service to get service connection for sleep apnea from service. Instead, there are at least 2 ways to get service connected for sleep apnea. 1. (Secondary Service connection) Be service connected for "something else" (often a mental health disorder such as PTSD or MDD) HAVE A DIAGNOSIS OF OSA, and be using a cpap AND: Have a nexus letter from a doctor that states your current diagnosis of sleep apnea is at least as likely as not related to your PTSD (service connected). (And explain why the doc thinks so). OR 2. (Direct or primary service connection) Have the 3 Caluza elements of: A. CURRENT diagnosis (not necessarily an in service diagnosis) B. HAVE A DOCUMENTED "EVENT IN SERVICE" C. HAVE A DOCTORS NEXUS, WHERE HE SAYS YOUR CURRENT DIAGNOSIS IS AT LEAST AS LIKELY AS NOT RELATED TO YOUR "EVENT IN SERVICE". WITH SLEEP APNEA, IT COULD BE A FACE INJURY, SUCH AS BEING PUNCHED, OR DIVING INJURY, SUCH AS HITTING YOUR NOSE HARD DIVING INTO A POOL., OR OTHER injuries which may have fractured your nose/face. It could be related to a mental health disorder, or obesity, or, as a doctor so decides. None of the above requires an "iN service" diagnosis". Altho an in service diagnosis of OSA would be helpful, it is not necessarily required. Many people have OSA and dont know it. You could even have a clean exit physical and still have OSA because, they may not know it UNLESS they gave you a sleep study, and they rarely do that unless they have a reason to think you may have OSA.

As explained above, if one or more VA employees/providers wrote down the incorrect pain level, then you could/should have it corrected. Its my opinion you are better off not to "attack" the individual involved, but instead simply explain that you did not make yourself clear; your pain level was a level xx not a level a, as indicated by the medical records. The pain level, is a level judged "by you", not by others.

Veterans have a right to amend their medical records if there are errors. You should exercise such a right, if applicable. The regulation follows: https://www.law.cornell.edu/cfr/text/38/1.579 In relevant part:

Are you using a cpap? I went to see my wife's (private) cpap doc. I asked him if depression/mental health disorders were related to OSA. He responded that sleep apnea and mental health disorders have many of the same symptoms. If you have insominia, consider getting a sleep study..you would need to ask your prime care doc. I use a cpap. It helps a bunch.

This is a familiar problem with both the VA and private doctors. In a nutshell, the government is "going after" doctors who prescribe too much pain medications (aka vicodin, oxy, etc, the real pain meds), and, in response the doc's pretty much quit writing pain med prescriptions except for 3 instances: 1. If you see a pain clinic, who monitors carefully your use with frequent blood checks to make sure you are not getting it also from other docs. 2. If you have had surgery, your surgeon will prescribe pain meds (opiates) on a limited basis for post surgical pain. 3. When you are in the hospital. Its a huge problem. A few years ago, VA handed out Vicodin as if it were candy. Problem was, people became addicted, and often turned to street drugs when docs cut them off. Some Veterans have turned to edible marijuana, such as gummies, as it tends to offer "some people" pain relief for some conditions, and, its legal in most states now. I checked and Florida is one where medical marijuana is legal. That, too, is problematic. Even tho marijuana is legal in "way over half" the states" it is still Federally illegal, so VA generally wont prescribe or dispense it. However, I did read about a pilot program where its being tested at the VA, but dont hold your breath. THE BIGGEST PROBLEM: Since doctors wont prescribe pain meds, it drives people to obtain street drugs and those are often dangerous and even deadly, since many are laced with fentanyl. For ME, what I do is use (legal) herbal supplements which are often superior to chemical pills. You would need to either see a herbal specialist, read a bunch online, and/or sometimes health food stores can be very helpful, at least some of them. Herbal supplements are not without risks, however, and you do not to be careful there too..there are scams. In my opinion there are scams with BOTH herb supplements AND pharmaceuticals. The Vicodin fiasco was a famous one, and, if "FDA approval" was so good, how come drugs get approved, then removed from the market sometimes just a few years later? Did they not do a good job with studying it the first time? Herbs mostly come "out of pocket". But they are generally far less expensive than many/most pharmaceuticals, and often safer. Its your life, and you make your own choices, but whenever I have a choice, I choose supplements first, and only then will I turn to pharmaceticals. And, I try more than one supplement, too. My health care is generally a "blend" of pharmaceuticals and herbs. Remember, tho: Doctors dont like Herbs, and Herbalists dont like pharmaceuticals. Medical schools are mostly funded by pharmaceutical companies. FDA generally does not approve herbs, in no small part, because herbs can not be patented. So, a company wont spend 100,000,000 dollars to reseach say, Pau D' Arco because anyone can sell it. Its sad that more research is not there for herbs, but the law does not allow a plant (herb) to be patented. Some pharmaceuticals extract the main ingredient of plants and research those, sometimes combined with other stuff. Its a big reason health care is a mess in America. Prescription drugs are the third leading killer of people in the USA, according to at least one site: Its not "just" pain meds, either. https://www.riscassi-davis.com/blog/2022/april/death-from-prescription-drugs/

You know your situation much, much better than I do as far as rating conditions, etc. So, using your knowledge you can apply your situation to the following to see what you come up with, as I just dont have any idea if your ratings involve seperate and distinct anatomical segments or not:

Another way is to apply for tdiu, that is, assuming you are not working. Or, if you are working, there may be other claims you overlooked.

Maybe. Review the criteria for IBS/Gerd. You need to look those up yourself. As an example, many Veterans have "dual" mental health disorders..PTSD and Bipolar, and or something else. For mental health disorders, once service connected, they are rated on SYMPTOMS. Generally, VA compensates you for your percentage of your loss of an ability to earn an income. IDK what your symptoms are for IBS/Gerd and I dont know which symptoms overlap. But I do know that you dont get paid for the same symptom twice. Let me cite a hypothetical example: Lets say you have bouts of painful diarrhea which last 2 or 3 days where you can not work with Gerd "and also" with IBS. You would get compensated for one, not the other. But the Gerd may have an additional symptom. With mental heatlh disorders you get paid for all they symptoms combined into one disorder. If that makes sense. Pyramiding prevents a Veteran from getting paid for the same symptom twice. But, if I was service connected for my Right knee issue and the main symptom was pain which hurt when I walked. However, lets assume I was also SC for my back "including" back pain. Well I could get paid for symptoms of my back pain and my knee pain especially if they dont occur at the same time and I could not work 2 days a month due to back pain, and 1 day a week due to knee pain.

Short answer: C and P exams are at VA's discrection and we dont know. However, its not that unusual the C and P exam is insufficient for rating. Many things can be omitted or inaccurate. Some examples: 1. "If" already service connected, then symptoms need to be documented. 2. A date needs to be given when symptoms began. The VARO often uses the date of the c and p exam, but that may not fly with the BVA or above. It does not take a rocket scientist to figure out if you have been treated for a disorder since 2002, and they gave you a c and p exam in April, 2024, your symptoms did not begin in April 2024. They began Much earlier. How much earlier? That needs to be documented by a doctor for a real accurate effective date. 3.. Etiology. "If" the examiner opined that your condition was at least as likely as not due to an event in service, they often want a medical rational as to why the examiner said same. 4. There can be other things, too, such as it would be impossible to tell from the exam, which if any of the applicable criteria were met. 5. Finally, the exam may be incomplete, may not be signed or dated. Or, the exam may be ambigious, or may be in conflict with other exams.

According to the VA website, you can get one or the other, but you can not switch: https://www.va.gov/education/survivor-dependent-benefits/#:~:text=If you're a dependent,%2C you can't switch. This said, you can not always trust what the VA employees, or even VA websites tell you. Yes, I know its disappointing. IRS is the same way. You could call the IRS hotline for tax advice, then take their advice. If the advice is wrong, you could still have to pay the applicable tax penalties or interest. Neither the VA, nor the IRS permits a GS5, or whover, works on updating the website, to make "official" statements binding on the agency. In law enforcement, its actually worse. More than once, a sheriff or detective lies to the accused, for example, they may tell them that. "your brother already ratted you out", when that is not true. Tricks (aka lies) often lead to arrests and or convictions. While Im no expert on law, Im pretty sure that, even if you are convicted based on a lie the sheriff told you, you are still convicted. The sheriff is not on trial..the accused is. I can see how, in some peoples mind, at least, its okay to fight fire with fire, as many/most criminals will lie to prevent conviction. Sadly, sometimes, it may even work, at least for a while.