mitchell3006

68, I resently got my rating for Peripheral Vestibular Disorder at 30%. The rater based it on an ENT C&P stating that it was related to SC acoustic trama. C&P doc says no Meniere's based on range of frequency for hearing loss. Regular ENT says possible Meniere's. The 30% rating is top for PVD but is an accurate reflection of the disability to me so I left it there. I could probably fight to have it rated as analogous to Meniere's for a higher rating but in my case I don't feel that is warranted. The link between acoustic trama and Meniere's is a little tenuous right now. ENTs argue both ways. Good Luck to you and if I find anything that looks handy I will post it. Mark

:D Belle, Just found the post. CONGRATULATIONS !!!!!!!!! It's about time. See cooler heads do prevail. Please stay with us and help us learn from your experience. You are a success story. We need those to help us remember that it is worth the fight. Mark

Wings, Sorry about that. I missed the original post or I would have tried to give it a once over at least. With a law enforcement background I am usually pretty good with legalise. When you repost I will try to give it a check. Mark

Skunk, We'll keep the prayers coming. Hope everything goes well. Are you at UMC? Mark

still Just to chip in my two cents worth, I'm afraid Carlie is right. I know that you don't want to hear it but you probably won't win this battle. No matter what happened on your exit exam the VA has what they need to deny the claim now. You may be better off looking at other issues and not stressing yourself so about this one. I have a bum knee caused by Uncle Sam but I was combat arms in Army and thought you just sucked it up. I have appeal in but probably won't win. It's mentioned on a physical but no treatment records. The point is we all have issues we feel should be redressed that we just don't have the paper trail to prove. Focus on the issues that you can change and don't cause yourself a stroke over the things you can't. Carlie was offering her advise based on her experience and this forum. Her emphasis may have been loud but it was on target. We get try to give factual advise here not just what you want to hear. Mark

CG, Good Luck. We will keep our fingers and toes crossed for you. Let us know when you hear something. Mark

T&B Sounds about like the canned response I got the other day for the same thing (De Novo Review and DRO hearing). I guess the review generates the SOC and if it is not found in your favor you get the hearing. Sounds good anyway but then again I smell smoke behind me. Mark

PE1, You sound like you are right on track with getting your ducks in a row before you get out of service. We all wish we had either gotten the chance or like me had sense enough to do it. If we had we wouldn't have gained all this wonderful experience fighting through VA BS. :P Keep compiling records, keep a copy of CFR 38 next to the commode for light reading, and stay up to date with the folks here. Hopefully that will make your journey through the paper jungle alot shorter. Mark

PE1, Be careful listing too many complaints on the 526. You need to look around at archives here. It may be better to file for the conditions that are easiest to prove first. Two schools of thought there: 1st is put everything down on 526 to preserve eligibility date. This gives you more when finally decided but can delay developement of claim. Some say it may color the RO's view (as though it could get any worse). 2nd is to list only a few "sure things" (ex. amputations, gunshot residuals, surgeries,). Get them rated first as quickly as possible then go back for the others that may have needed more resarch or work to prove. Alot depends on personal situation, health, and finances. Do you have copies of SMR's. Do you have clear diagnosis of condition. Bounce it off the board and someone can give you advise. Mark

Alb, Since you are schedular 100%, you know that they will re-evaluate you before the 20 year mark. I think you are safer goning forward with the other claims. Should they ever re-evaluate you and try to lower the rate, they may be what saves your income later in life when you need it most. Mark

HVEQ, They will only do the 20% from 50 to 70. It is based on overall rate unfortunately. Mark

marksr, Do you have PTSD? If so, is it diagnosed as such. If so file. If not then you really wouldn't have a valid claim. By all means work it if the claim is real. I say this only because I have had many bad experiences (and a few beatings) but do not have PTSD. I wouldn't feel right to file even though I could give a legitimate stressor. I feel like this would be wrong for me. We are all affected differently by our experiences. If it's there then pursue it to the very end and we will help all we can. Mark

Roadking, If you can show that the injury to the related joints is caused by the arthritis in the SC joint you may be able to get secondary SC for them. Will depend on diagnosis and wording of medical opinions. Mark

Belle, Don't send in any reply until you calm down. Write it and lay it aside. Wait until you have thought it out before sending it in. When you get calmed down 1 week, 1 month, whatever, then pick it up. Reread it, run it by someone here, then think about sending it in. It will be more rational then and that will help if you go to BVA. Mark

Purple, Glad it wasn't your appendix. Stay away from tomatoes and other stuff with seeds with the diverticulitis. Hope you feel better in the morning. Mark

Quinhon, Usually the best course of action for using lay statements is in explaining symptoms to your doctor to help him make a better diagnosis. You can explain pains or disabling effects of an injury to the doctor that help them. Some of them will actually listen. I usually try to carry a list of complaints/ symptoms to my visits. Several times the doc has included this in the notes for the visit. This route can help you get the info to the rater and also adds credibility that the VARO thinks we lack. Mark ;)

Quinhon69, Welcome aboard and thank you for your service. I don't have a specific regulation right now. According to the U. S. Court of Appeals for Veterans Claims (Court) ruling in Espiritu v. Derwinski, 2 Vet. App. 492 (1992), a lay person is competent to provide evidence regarding injuries and symptoms. Mark

purple, As jbasser said some scrips need approval from supervisor. Several of mine do. VA tries to give cheapest available. Scrips for other more costly meds have to be approved. Keep us up on appendix. Hope you feel better. Let us know how you are doing. Mark

Here is my reply I sent as the update: Please do not "appreciate my patience". Please answer my question with fact and not some canned message. It was a mistake in the Jackson VARO that caused the problem. No kidding it can take "several years to complete". If you don't have an answer, at least be honest and say, "I don't know." Mark

;) Just got the following: We show that your appeal is still pending. We do have record of your choice for a DRO review. There are several administrative steps that must be completed before we finalize your decision. This process is in place to ensure accuracy. This process can be quite lengthy, taking up to several years to complete. We appreciate your patience and you will receive notification via US mail once your appeal has been finalized. Your notification letter will explain our decision in detail

Hi Folks, Hope y'all had a good Thanksgiving. Had the darnedest thing happen Saturday. The Jackson VAMC returned my request of information form and said that the C&P exams for Audiology and ENT that I had at the first of November were still unavailable. They attached a note saying try back in 60 to 90 days and it may be available then. Normally within about 2 weeks they are ready. Wonder why the delay. :P Mark

CG, 1 in BVA, 1 waiting DRO for higher rating, and 1 at DRO just had 2 C&P exams last week. Rich and J good to be here. Thanks to all for ideas on claims. Hope I can use my experience to help others. Mark

Hey everyone, Just realized that today is my Anniversary on hadit.com. Maybe thats why I have posted so much today. Mark

Larry J, You only have limited time to submit old bills. Best way is to set monthly or weekly point to mail them in. This doesn't screw up the system like VA side. You may have to call pharmacy HQ to get old records from years back. We called Rite-Aid's 800 to get old records. They closed here 2 years ago. Kroger was helpful. Let them know what you need them for and most do well. They know how to bill CHAMPVA for themselves and can make sure that you get right forms. Mark

AV8R Wife, The tinnitus is capped at 10%. It cannot be raised so it would not be affected under appeal. I dont know what HYP is so I can't offer any advise there. If you feel the others are more dibillitating then by all means appeal. Make sure before you do though that they are not already at max. I argued for two years on an appeal that was maxed out. We live and learn. Mark