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slphelan

Third Class Petty Officers
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Everything posted by slphelan

  1. Thanks for the info will get with my VSO tomorrow and request a reconsideration.
  2. Just returned from a Short Cruise to the Bahama's and the BWE from St. Petersburg Regional Office was in the Mail box. The granted me 100% P & T with Chapter 35 Benefits but they used an old C & P exam from 2012 to rate my neck condition. I had a new exam by the Bay Pines VAMC in Jan 2014 and it would have granted me 30% instead of the older exam which granted 10%. Do I need to request a reconsideration based on the new C & P findings? I think it would have resulted in me being awarded 100% 8 months earlier than what the date that issued in the decision. The back pay has not been paid but there is no mention of the Jan 2014 C & P exam in the decision. Please advise if anyone has had this happen before?
  3. Just as a time line they received my NOD on 11/25/2009. So its taking at least a year for DRO Review. Longer for me just the way its been for me since I first filed at St. Pete.
  4. I tired out the secure messaging here in Tampa at the James A Haley VA Hospital and its working fine. Appointments are also listed both past and future.
  5. Thanks for your insight I am ok if it takes awhile as long as there is a chance it can be service connected. I will start to look for an orthopedic specialist here in the Tampa Bay area in order to get a medical opinion that is positive for service connection. If anyone has suggestions leet me know. Thanks again
  6. Since I have been awarded for Lumbar spine disk disease (DDD), bilateral limited motion of ankles (DJD). I have been diagnosed with bilateral arthritis of the hips (DJD). I have been looking for a link for this being secondary to my back DDD and bilateral ankle disability. I have searched on google but have not found anything that would show a link. Does anyone else have a similar medical condition and if so what reference was useful to you in order to prove this is linked for service connection? Thanks
  7. I was awarded 10% SC for IBS and they never did a C & P exam. I remeber the PA stating that It was not requested that he evaluate me for IBS. Now that I have been rated would a NOD or request for re-evaluation/reconsideration be appropriate as the symptoms I have are daily like the 30% written about in this string. It was even written in the rating decision but I just got awarded after a 3 year fight.
  8. Its fine i think that since its so busy its going to be hard finding parking until the garage is constructed. I am on the Delta Team
  9. Yes in my case in the DRO Decision she went 100% with everything that Dr. Bash referenced in his IMO as he established the nexus from my SMR. She quoted his IMO word for word. I think 1 claim was lowballed but for now that it was granted is sweet.
  10. Started this claim in 2006 after getting of Active Duty in 1995. I was granted 10% and filed NOD for the 5 Denied Claims. No nexus since I had been out of the Army since 1995 till 2006. Started PCP at the VA Hospital Tampa Florida. Filed Notce of Disagreement DRO review that was rubber stamped: Denied. Filed Form 9 and requested DRO Hearing. Requested and obtained IMO from Dr. Bash. Hearing delayed as the C-file took almost a year to obtain. Rescheduled DRO Hearing. DRO Hearing completed 04/2009. Contacted by VSO by e-mail on 6/8/2009 rating completed by DRO. Submitted Dependent claim 6/11/2009. Regional Office St Petersburg Authorization Completed 7/8/2009 for all requested claims and dependents also. Letter received 7/11/2009. No Deposit in Bank as of 7/11/2009. Thanks everyone for your help in getting this claim completed I would have had to settle for the initial 10% if I did not have you and your years of experience to fall back on and learn about the VA system. Now at 60% thanks again guys.
  11. I am at the St Pete VARO and my VSO got to initial the rating and send it back he said upstairs. That was 6/8/2009. He said I should get the mail copy in 3-4 weeks. Its hard to wait but that's the game the VA plays. I hope the post determination team in Houston works faster for you. You never no its the end of the month they may need some quota for their bonus to get it done by 7/1/2009. If you have a VSO he or she should be able to tell you what your rating was as they send it to the VSO before it goes to the post determination team where it gets authorized. Hope this helps.
  12. I got my Stimulus pay of $250.00 by direct deposit on Monday 6/22/2009.
  13. The VA Practitioner has access to your computerized record called CPRS. As Bertha mentioned they do not have access to your C-File. The question you asked is will they be aware of your request for increase. The answer is no unless you asked them for a medical opinion in order to file for the increase. Or you had a C & P exam at that facility. Even then they would not explore your medical record unless there was something specific that the practitioner was looking for. Your C & P exam would be available if there was a need for the practitioner to know but usually It is not looked at unless you ask the practitioner to.
  14. Thanks Bertha your right about the IMO and there cost but without a nexus I would not have prevailed in this claim. I agree they are low balled for a couple of my problems right now but I can file for increase and will based on what has happened to me over the last 3 years since I started this claim. Thanks again for your helpful posts.
  15. Hi and thanks for all that helped me here on this forum in reference to my VA Appeal. I initially placed my Claim in July 2006. I came here after I was denied on 4 of the six items I filed for by the regional office by the DRO review. I was awarded for Facial scars at 0% and Right ankle Achilles tendinitis at 10%. With the help of Bertha who advised me to get an IMO which I did from Dr. Bash and reading all the posts I learned what was needed to file my appeal and have a DRO hearing at the local level prior to sending my appeal to the BVA. I was denied for Migraine Headaches, Lumbar Strain, Left ankle sprain, and Irritable bowel syndrome. I had my DRO hearing at the St Petersburg Regional Office on 4/20/2009. I received copies of the transcripts of the DRO Hearing on 5/27/2009. Today I got an e-mail from The State of Florida Department of Veterans Affairs VSO. IN his e-mail he alerted me to the following: "DRO has granted service connection for migraines at 30%; irritable bowel syndrome at 10%; left ankle sprain at 10%; and lumbosacral disc disease (back strain) at 10%. I will process the rating today and send it back up stairs. It still will take 3-4 weeks before you receive your official notification. Most important thing is the benefits we sought on appeal were granted". Again this has been a long process and if I knew when I started what I know now it would not have taken this long. Thanks for being here and if this proves to be true in the next few weeks I should be rated at least at 50%.I plan on staying here and helping any other veterans I can.
  16. Glad to see some success from the St Pete Regional Office I just had a DRO hearing there so I am hoping that I learned as much as I think I have by being on this site.
  17. This a.m. I completed my DRO Hearing. It was a formal hearing between my VSO, the DRO, and a DRO that was in training. If you have never had one of these hearings and are looking for input here is mine. 1. I reported at 08:00 to the VSO. My VSO is from the Florida State of Florida Dept of Veterans Affairs we had never met prior to our meeting this a.m. We sat down went over my file he was completely up to date except for the new evidence I had to submit. 2. He instructed me that he would conduct the hearing and ask the questions to present my case in the best format to get a favorable rating from the DRO. 3. He seemed to know the DRO pretty well for the things he told me in our briefing about her was true and is what happened at the Hearing. 4. He asked me to submit the new evidence during the Hearing when he asked me a question about any new evidence. I submitted. a. a rebuttal letter about the C & P Exam by the PA and not by a specialist. b. IMO by Dr. Bash which they already had. c. Buddy letters from myself, wife, and two previous service members that knew of my medical problems on active duty. d. Case reports from the BVA on cases that won there BVA hearing with less or the same type of evidence in my appeal. e. Medical journal article that the IMO Dr. spoke of in his evaluation. 5. The Hearing started on time She introduced herself and the training DRO. My VSO introduced me and the hearing began. 6. She gave instructions and then asked me to swear or affirm to the testimony that I was about to give. 7. Next she called the dictation system and started the Hearing. 8. She turned the hearing over to my VSO and he had pre planned questions that he asked of me as he referred to them on all 4 issues on appeal. 9. Once he finished questioning me he turned the hearing back over to the DRO she asked if I had anything I wanted added to the record that I felt needed to be in the transcript. 10. The VSO then made a closing statement that summarized what we were seeking and why we should have it granted. 11. The DRO as he had instructed me earlier then stated that both the VSO and I would get a hard copy of the transcript once it is available. 12. She stated she would review the entire claim file again, review all new evidence as well as the IMO, and that she may have to order another C & P exam prior the her making a decision. 13. She asked no other questions, made no comments other than the ones listed and ended the hearing. My VSO had stated earlier that the case looked good with this DRO as she was the type to look for a reason to grant a claim as opposed to the ones that look for a reason to deny a claim. 14. I like how the VSO had his prepared questions and opening and closing remarks completed prior to our meeting since I had never had any previous contact or correspondence with him. He seemed quite knowledgeable of VA and presented a sound and viable case. After reading here I was surprised but pleasantly surprised. If anyone is having a hearing at the St. Petersburg Regional Office I do have names but will not post them in this post. I had heard bad things about the VSO's at the state level and I am and was prepared to take my case to the BVA, but this one in my opinion did and excellent job presenting the claim and evidence even if I don't prevail on all the claims. Thanks for your help here on Hadit.
  18. I will be retiring from the VA in about 6 years. and moving to the Manila area myself. I have visited and lived in the Philippines. Currently I am a gray area retiree USAR and service connected disabled vet. I have checked out the VA Clinic in Manila and It has limited capability but what they don't have they also fee basis out anything they cannot handle. You will need to call and make an appointment/ They are currently seeing Service connected and some non service connected medical problems but you have to be service connected like yourself to be seen there.. I have not experienced it myself personally but from what I understand there is no change in your TDIU living in the USA or the Philippines. They do have a regional office and you will need to have your file transferred there and then you should be good to go. I am sure some one here that knows more will chime in a little while and give you more information.
  19. Thanks that is a good idea of what I am looking for idea's on how to present. What I have is 4 denials. I have created a folder on each one. 1. I have taken the DRO rubber stamped denial an placed it in the front of each folder. 2. I have taken the IMO addressing each claim and put it next. 3. I have a sworn statement from my wife and myself next. 4. I have two sworn buddy statements from soldiers that were on active duty next. 5. I researched cases and found 4 cases for each denial that the BVA granted with less evidence then i have next. Then I wrote a letter that stated that I am submitting my IMO as evidence and that my c & p exam was flawed as it was conducted by a physician assistant and not a neurologist, orthopedic or gastroenteroligist. If you cannot grant service connection secondary to my IMO I would like a specialist evaluation and then have that evidence re-evaluated prior to supplemental SOC is issued. Thanks what I have learned here if I am missing anything please chime in and let me know so I can go there with as much ammunition needed to take the target out. Thanks
  20. Thanks will check then out especially the one claim denied.
  21. Thanks I have that link and it does tell us what the DRO is supposed to do. What I am looking for is like what you would do when you have to present your case at the BVA but not so in depth for the local regional office. A guide on what you need to present at the DRO hearing so that you the veteran can control what and how the hearing is conducted. Thanks again
  22. Thanks still reading trying to learn how to negotiate this maze through the VA.
  23. Is there an example of a DRO Hearing book here on hadit? The information I am reading states the DRO hearing is informal but alot of the comments seem to show that the regional office tells you this and goes about to make the veteran look stupid because they are not lawyers. If there is an outline on how to present your case during the hearing it would help alot of us out that are now preparing for or having these hearings. Thanks
  24. So can you record the DRO hearing yourself? Then you can have the transcript of the actual things that happened in your hearing. Or is that against the privacy of the veteran? I have a hearing scheduled in St Petersburg on 4/20/2009. I am preparing my case for presentation as though it would be done at the BVA. I will not sound like or be a dummy based on the information I have from this website.
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