ruby

I have severe sleep apnea (mixed) and I am only slightly over weight. I know I had sleep apnea, you never feel rested and your usually really short tempered- my arousal rate 30 times and hour and 17 times I awaken. with 189 apneic times in 4 hours. no oxygen and no sleep. WHo wants to be my best friend?

Research BVA decision there are a few where they have been shot down due to spine condition. You doctor might have partially covered that part with your positioning. However, get your test results and see if you are supine they state how long you sleep in that position.

I just got my sleep study results--The sleep doc may have given me a nexus as he wrote the cause of my sleep apnea (mixed-severe) could be related to my mood, anxiety disorder (PTSD), medical condition, medications (to treat PTSD) or diabetes-----now I have to get someone to refine the probable cause. If you have sc diabetes you can probably get SA sc it is one of the major causes is diabetes. After this DRO I am considering filling a claim for this since it is severe and I have a CPAP from the VA

I hope you get a shower too!

Thanks everyone. Ok, here is the issues. In the evidence section they listed Dr S (IME), Dr V (specialist) and they stated "a virtual review of your records did not show any additional evidence pertinent to your claim (dr R). Dr S IME was mentioned and used to grant the claim for HS. The portion of his IME that said he reviewed my SMR's and his opinion on the second issue was not mentioned in the denial of the secondary claim. They mention his evidence in the evidence section and they granted on his opinion for one issue but the second issue in his IME was never mentioned. Where does that leave whether they considered or didn't consider this evidence on the secondary issue. Dr. V they listed in the evidence section and denial stating although he gave a positive opinion " he didn't have the complete claims file"---This is after the Nieves-Rodiques-Peake decision that says they can't do this. I can request they give me a legal and medical basis to deny. Secondly, this issue has nothing to do with reviewing a claims file its a secondary condition to a sc condition. Dr. R--evidence section states virutal record didn't show any evidence pertinent to your claim---Legal techniquality was this evidence reviewed and discounted. I believe they are required to discount all medical evidence that is probvative and credible---but they don't have to address it otherwise------this is up to the RO as they decided what is probvative and credible. Based on the above was my evidence reviewed or considered?

And that's the truth. It is a lottery depending on the rater. I am trying to find if this is true because in my denial they negated all my medical opinions except thees and they never address them in the denial. They are in my file.

Does anyone know where it says they must list all the evidence in a rating decision? Is there a rule or decsions that says the evidence not listed in the file is considered reviewed. Is there a rule that says all probative and creible evidence must be listed in the evidence section on the denial and/or discussed in the reasons and bases. In other words I believe I have read where not all evidence must be listed it is assumed that if the evidence is in the claims folder it was considered. Is this correct? Thanks

Here is a court opinion that all vets should be aware of as they can't say "claims file not reviewed" as the sole reason. http://www.uscourts.cavc.gov/orders_and_op...s4thQuarter.cfm Nieves-Rodriquez v Peake 12/2008

To All: I had one IME that stated he reviewed my smr's-he gave a positive opinion that the cyst in service was actually HS they accepted his opinion and sc the HS (previous sc for cyst) That same doctor wrote in his opinion more likely then not the HS was the causative factor of my arthritis and the literature supported this opinion and he included medical treatise to this efect-he also stated he saw no other know causes for this arthritis. THIS PORTION OF HIS IME WAS NEVER ADDRESSED IN THE DENIAL. My primary Rheum doctor wrote probaly the causative agent and he also review pertient smr. They said his opinion lacked crediblity since he DID NOT HAVE MY COMPLETE CLAIMS FILE He left the VA and my new Rheum has stated many times that I clearly have this problem and the HS is more then likely (sometimes he says probably) the cause of my arthritis. THIS OPINION WAS NEVER MENTIONED IN THE DENIAL. My opinion has never been addressed as a medical professional and I have signed all my claims as RN BSN. How do I fight that no one has my c-file any bva,cav,opinions on this subject. Hope this clarifies and some one can tell me how to attack this statement.

RO stated your positive opinion was not considered because he did not have your complete claims file. How do you fight that statement (anyone knw of any rules or regs to negate this statement) What does it really mean? (is it just a cop out to deny when you have a positive opinion) Thanks Ruby

Thanks Wings Try this for starters! ~Wings Source: M21-1MR http://www.warms.vba.va.gov/M21_1MR.html See Chapter 5, Section C - Decision Review Office (DRO) Review Process, Updated 8/4/09 http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secc.doc

Just notified that I have my DRO hearing scheduled next month. Here is my question: I filed a for a DRO hearing in 2008 for disputed claims, then I had new claims adjudicated, filed For a DRO hearing on those issues that were denied in 2009. What rule or reg states that all issues will be heard at this hearing. Thanks for the help. Ruby

This place is awesome and does great work with active duty military and disabled veterans. I know they are looking for funding, they want to put in a nature walk for veterans in wheelchairs and stretcher so they can go into the bay heads where all the wildlife is. St Pete VA takes the nursing home and pallative care patients out to the farm once a month and those that can ride in the horse cart are taken in around the property. Those that can't can only stay by the arena. They also offer horse therapy and psy therapy. They are a 501-c-3 charity and they exist from donations by private individuals. I have pictures of some of the veterans from WW2 to Oef/OIF using this place. Wish I knew how to download them, pictures are worth a 1000 words. If your looking to give even 5.00 a month every penny is needed and appreciated. Thanks Ruby

Techincally, yes I can, the rule is full time work, I haven't worked full time since 02, however I didn't apply until 05 for an increase in disablity. Officially the date I stopped working was 12/07. I have 3 doctors that have written I am permanetly and totally disabled. The 05 is a stretch but I think I could prevail based upon the regs, if they offer 12/07 I will accept it.

From what I understand they want to limit PTSD to 3-6 months treatment with groups as Carlie pointed out and then your cured. Seriously, can't tell where I got the info but there is too many with the money restraints and mental health personnel to provide long term PTSD care. If you can get to someone with a fresh trauma, yes, I think it could work, once you have lived with something for years, it is not an overnight fix. The VA only uses researched based treatments with double blind studies. That's why they are slow in moving with other programs that are not as in depth and emotional as the cognitive therapy. I swear by the horse therapy and warrior breathing- the horse therapy helps with the trauma and how you respond to others and the warrior breathing provides you with inner peace for a short period of time. Ruby

Trapper, If you went through any type of appeal process they will send that info to you, if you got it on the first go round all they do is send out the award letter stating when you get your SSD. I went to the SSD office told them I need to know the diagnostic codes for the decision to use for my VA claim, they acted suprised I didn't know why, but they wrote me a letter right then and stated the dx codes. I was suprised they gave me ssd based on my type 2 diabetes along with my arthritis. Ruby

Hi to all and thanks for the link jbasser. Berta IU is on appeal from an earlier date so now that I am 80% they are not going to adjudicate the IU until the appeal is decided. It will be 1-2 more years before this case is decided due to the back log at ST Pete. At which time I should be 100% schedular. I want the back pay now with an eed no later than 07 but it could go back to 05. Thanks Ruby

I have windows 7 and I have had many issues. Took 3 computers back kept the last one but Windows 7 has many problems. They are no longer going to support XP so your out of luck if you need a new computer unless you get an Apple.

Anyone have the skinny on this, supposely the St Pete VA got caught again in Oct 09, My last claim submitted in Oct is missing according to the VA. I think they took the package I submitted and put it in the appeals file instead of read it and seeing that it was a new claim. Idiots. Good news for me is my claim now has a DRO assigned to the appeal. This is a biggie as for a year I have heard nothing not a single piece of paper regarding this appeal. I added a new appeal issues and they mergered them--I now have 23 issues on appeal. Sounds like a lot but they are bilateral on a couple of issues. Thanks Ruby

Thanks Pete but the last one took almost 2 yrs for a reopen and its been a year and I haven't heard a thing about my NOD.

Home Depot offers 10% off all the time to Vets, or at least mine does.

I don't know how to do that so I will type what they said. After reading I see no direct link to cervical arthritis, except thats what all the osteophytes are indicative of.---except the osteophytes depending on there location is a symptom of spondlyarthopathy-(arthritis) specifically ReA in my case- I am SC for traumatic arthritis-how can you distinquish which one is the culprit. I figure it will be 2-3 years before I get a DRO hearing on the NOD, no sense in losing 2-3 years effective date. It will take them 2 years to get to this one by that time I will have all the connections. Dr. Ricca-rheum spondylitis cervical disc disease, she is having increasing and prostating pain in the neck at frequent intervals-see mri shoulder pain-may well have rotator cuff tennonitis. had ia injection in the past on the right with some benefit has more pain in the left shoulder has to use her right arem to raise the left shoulder also has a trigger finger on the rt hand in the thumb which has been injected in the past has no patholoic reflexes Oct 31 2008 spondyloarthropathy-has sacro ilitis has a history of hidradenitis is sc for same this most like is an associated, if not a precipitating factor. rotator cuff tear-by mri has orth eval pending cervical disc disease at last visit I ordered a collar with some limited benefit. she is havin more numbness in the hads has some weakness-mri showed some core compression has an intermitten grasp reflexs on the right has what she describes as "massive neck pain sypmptoms of calcneal spur had minimal relief with heel cup will get podiatry consult Oct 14, 2009 spondyloarthropathy this lady clearly has spondyloarthropathy based on enthesopathy of the patellae, enthesopathy of the calacanel bone bilaterally and obliteration of the si joints on x ray noted by myself and dr. vasey in the past. This may well be a reactive arthritis assocaited with her sc hidrandenits (this and another one I wanted to send in for the NOD on ReA) Anesthisa pain pt's neck pain causes daily heaaches, as well as the pt experiencing bilateral hand numbess. pts neck pain awakens her at night-describes pain procedure emg bilateral C6,7 radiculopathy with normal nerve conductions and muscle membrane instability in C6,7 myotomes mri C2-3 an irregular disc osteophyte C3-4 a diffuse disc bulge indents the thecal sac, with mild canal narrowing without significant cord copression C4-5 a diffuse disc osteophte complex indents the thecal sac, touching and slightly compressing the ventral spinal cord with resultant moderate spinal canal and bilateral mild to moderate neural foramen narrowingC5-6 an asymmetric (left side prominent) disc osteophyte complex indents the ventral spinal cord and results in mild spinal canal and moderate to severe left newural foramen narrowing C6-7 an osteopphyte complex indents the thecal sac with mild spinal canal and bilateral nerural foramen narrowing Neurosurgeon: has very abnormal mri of the c spine, she has weakness and pathologic reflexes in the upper extremeities she has nerve conductions suggesting a radiculopathy A/P cervical spondylosis without myelopathy Patient does not want surgery unless her condition is worse to the point of functional loss. Continue conservative treatment thanks for your help

Berta, the claims on nod are for reactive arthritis, IU and change in dx code, no I can't work and I get SSD for reactive arthritis. I am SC for traumatic cervical arthritis. One of the doctors made a a nexus statment kind of--he said prostrating headaches see MRI results. What I have seen with my claims and others it doesn't matter what's written in your SMR's or VAMR--its the opinion of the C&P person and even if they say at least as likely as not, if the RO wants to say no they do and your in a appeal stat

I have been holding on to this claim due to the current NOD I have at St Pete. Its been a year and I haven't heard anything, I filed another NOD a vouple of months ago for at least another year so I have decided to finally file my radiculopathy claim so I don't lose my effective date. I have shorten it immensley please review I am planning on submitting this on Monday. Thanks Ruby STATEMENT IN SUPPORT OF CLAIM October 20, 2009 By this document I am filing a claim for entitlement to service connection for: A. Bilateral cervical radiculopathy secondary to my service connected cervical arthritis B. Migraine headaches dx code 8100 secondary to service connected cervical arthritis C. I am requesting that the diagnostic code of 5237 be changed to a more analogous diagnostic code of 5243. D. Bilateral shoulder impingement disorder due to service connected cervical arthritis. 1. Migraine Headaches- See Dr. Ricca’s notes date 11/20/2008 and 02/06/2009. I have frequent headaches 4-5 times a week. The medication that I currently take for my sc conditions cause drowsiness, impaired memory lightheaded ness and somulence. ( SOMA, Percocet, Ambien and Prozasin) 2. Bilateral Cervical Radiculopathy - I have constant tingling and numbness in both hands along with weakness and pain in my arms and hands. As indicated in the MRI dated June 19, 2008 there is minimal cord compression seen at C4/5 level with bilateral mild to moderate foraminal narrrowing. Moderate to severe left neural foramen narrowing is seen at C5/6 level.. The EMG performed on November 8, 2008 showed bilateral muscle membrane instability in the C6, C7 myotomes. 3. Cervical IVDS (dx code 5243) is described as neck pain with pain radiating down the arm (brachialgia) and it may be referred pain in the middle of the back. This dx code is more analogous to my symptoms of cervical arthritis dx code 5237. 4. I am requesting an effective date no later than November 2008. 5. Enclosed are pertinent medical records to support this claim. A. Dr. Ricca’s notes dated August 20, 2008, October 31, 2008, February 6, 2009. B. Dr. Lombardi’s notes dated November 20, 2008 C. MRI C-Spine report dated June 19, 2008 D. Dr. Humayun’s Nerve Conduction Report dated November 21, 2008 E. Dr. Yussef’s notes dated February 23, 2009. F. Dr. Lehman’s noted dated February 2009 Thank you for your time and consideration to my claim. Respectfully submitted,

Someone was kind enough to me to loan me a copy of their Veterans Benefit Manual written by an attorney he stated you should write the following and specifically state also that you want a dro telephone or personal hearing. I hope this helps This is a notice of disagreement (NOD) to the VA letter dated ????. I disagree with all the adjudicative determinations mentioned in the above referenced VA letter and any enclosures thereto, except for those, if any, that I specifically state here that I do not want to appeal. Therefore, my notice of disagreement specifically covers all the determinations made by the regional office unless specifically excluded. I also disagree with the RO’s failure to adjudicate issues and claims it was required to adjudicate. I am specifically referring to issues that I may not have discussed but which were reasonably raised by the evidence in my VA claims file or in the VA’s possession that should have been inferred by the regional office. This appeal also includes adjudicative determinations that were mischaracterized by the regional office. If this appeal is not resolved favorably, please send me a Statement of the Case so I may appeal this decision to the Board of Veterans Appeals. In addition I am requesting a Decision Review Hearing either by telephone or a personal hearing. Apparently, somewhere along the line if you don't nod a inferred claim you can lose it, if you only state one disagreement and there was something you missed you lose it after a year. This statement covers everything.