Rockhound

I'm wondering, since a personality disorder is developmental and not a disability, is it a CUE if the Veterans military personel history is not discussed or listed or otherwise presented, when consideration to change a diagnosis of a mental disorder, which would otherwise be elligible for disability and compensation to that of a personality disorder, which is not? I still have questions that the USC and CFR regulations concerning the change of a diagnosis may not have been met, if their is no history prior to, at time of enlistment, during service, at the time of a re-enlistment physical, and during a period of hospitalization of a diagnosed mental condition, and failure to consider the Veterans average to above average personnel records, and his selection for specialized training in Law Enforcement where he received average marks in all areas of training and above average marks in attitude during this training. I will be using all this in an upcoming claims application to not only receive service-connection for a TBI/head injury, which is late in being awarded, but to also see about rebutting the prior diagnosis change, which I have now found and received evidence that the personality disorder should have been awarded as a medical condition, caused by the un-awarded TBI/head injury. any input or discussion is greatly appreciated. Rockhound Rider ps: I will post under the CUE posting as well

sixthscents and others, this is the criteria that I am claiming. My diagnosed chronic sinusitis, consistantly reported in my AXIS III list, is discribed upon examination that meets the 10% for non-incapacitating episodes. I'm asking for no less or no more than what I am elligible for and can show by my records. Rhinitis is rated similiar weather it is of a non-allergic or allergic type. 10% is well within the scope of the rating for my simptoms and should be rated thusly. Wing: thanks for your concern, this past month or so has been hard on me, I've had to increase my psych and depression meds to their maximum and it has left me quite the zombie and I haven't been able to function very well, plus my ability to schedule tasks has pretty much been shut down and I was having trouble remembering to do things or things I had already done, which even involved my meds. By mid day I had pretty much forgotten what I did that morning and so on and so on. I was getting really freaked out that it was one of those time where I would have been better off if I had checked my self into the hospital until I could get things under control once again. I'm doing better but not having the ability to remember things and do things when I should have, I am coming into this winter behind on my budget for my heating budget, so it's going to be a bit cold for awhile so I can make my heating fuel last longer without letting my water pipes freeze up and break. Tammi, my not so little kitten has taken to laying in my lap more when I sit and watch TV and is staying curld up to me in bed, even under the covers, until I fall asleep, then she will move to the foot of my bed. She even acts like an alarm clock in the morning when it is time to feed her, her allowance of canned cat food. she gets right up in my face and pats my on the nose until I wake up. sound like of silly but its true. she's been my nurse maid through this whole ordeal. I wish I had more pets like her, but I can't afford to feed any more than Tom and her. I'm afraid Tom my other and much older cat hasn't forgiven me for getting Tammi, I think. He tolerates her at best and spends most of his time outside. I've tried to keep him inside but he pust up such a fuss, I'm afraid he will either hurt himself while trying to find a way to get outside. He even fusses when I pick him up, he does scrath or bite by he kind of grawls and hisses at me to let me know he is annoyed. It's late and I guess I have taken up enough time and space socializing about my and my problems, but I do have to figure out what to do next on my claim. I fear they are doing this just so I will get so frusted and quit, which I don't plan to do, and if I do, I am going to claim CUE for not rating my claim under the right criteria. but then I would have to first get them to reconsider the claim if they say it is past the year or date in which I would have to reopen with new and material evidence, when in fact the claim still remains open because they haven't decided the claim for whch I had submitted for. Rockhound Rider B)

When I received my denile of my claim for secondary issues that were caused and/or the result of my SC issues. I'll try to do my best in esplaining the problem as I see it. I finally got and increase of 10% for a Nasal Fracture and Deviated Septum due to trauma, while hospitalized for a unrelated mental condition, another story, another time. I then applied for secondary issues as a result of the nasal fracture and deviated septum on the primouse that the structural changes that resulted from the fracture and deviated septum is cuasing Non-Allergic and/or Allergic Rhinitis like symptoms, and/or symptoms similiar to those of Chronic Sinisitus. They denied my claim stating that my SC Nasal Fracture and Deviated Septum is less than likely the cause for the diagnosis of Allergic Rhinitis and their is no supporting literature to prove otherwise. I've tried to make it clear to them that I am not claiming that the SC issues is the cause of a disease process. I'm trying to show that the symtomology or symptoms, although similiar in nature to the different types of Rhinitis and/or Sinisitis is caused by the abnormal air flow due to the acquired abnormal structural changes as a direct result of the nasal fracture and deviated septom, for which I have found supporting literature to prove out my claim. I also have on at least two occasions been told I have an additional problem with the collaps of the nasal wall upon labered breathing through the nose, which was as likely as not the result of the same trauma and/or procedure used to reduce the fractured nasal bone shortly after the trauma occured. I need to know or given some direction on how to precent this obvious error in their assumption of what the claim is actully about or the proper reason and basis of the claim Rockhound Rider B)

I haven't worked since 2004, at which time I was granted TDIU for NSC Sarcoidosis, a auto-immune disease and for an Adjustment Disorder combined with Chronic Major Depression with Anxiety Disorder. Just this past winter while waiting for a decision on my current claim for secondary issues related to my SC nasal bone fracture and devieted septum, I was able to, after many years, get a referal for neuropsychological testing, which led to a diagnosis of a personality disorder due to a medical problem or as the testing Psychologist, called a cognitive personality disorder due to trauma. With this said, I need to add, that I was denied SC for the personality, because at the time it was ruled a personality disorder not due to a medical problem, but due to a developmental disorder and not compensatable under VA Law and Regulation. Now with this new diagnosis that can be used as a correction, what would I, like the original post recommend, would I need to further support the diagnosis to lesson the wiggle room the VA's ability to deny such a claim? Rockhound Rider :D

Yes we do have a free clinic here and a one that bills on a sliding scale according to your ability to pay, however, they will not see you if you have other resources, such as the VA or Medcare and/or are being seen by another Dr. due to the limited funds they get to opperate are for those with the most need. To be seen for a medical claim such as a claim for dissability and compensation from the VA is outside their preview of services offered. Rockhound Rider B)

It seems to me, that at the very least, you are intitled to a written statement in your medical files, why they want to start you on a course of treatment, that is specific to MS. such as to confirm or rule out MS as the diagnosis. Otherwise I would request in your strongest terms, that since they refuse to difinistively make a diagnosis, that you be able to, on a fee basis, seek a second opinion from the private sector for a definite diagnosis as to whether or not watch you have is MS and the course of treatment you are being given is the correct one. IMHO that is. Rockhound Rider B)

I know I need a good IMO and a better IME also, but I am stuck between Medicare and the VAHC, in that neither will give me or allow payment for these. I can get a basic exam and possibly a diagnosis and a recommendation for treatment, but not an opinion such that which I would need to give a rational and nexus statement showing it to be the result of my SC'd problems. Ijust don't have any other source in which to pay a specialist, or find one that would do it and let me pay for it over time or should I win, pay out of my back pay check. I haven't been lucky enough yet to find a caring ENT specialist or a general MD for that matter, who will help out a Veteran in claim actions like a Lawyer doing pro-bono work for Veterans. Rockhound Rider B) <_<

This is basically what my situation is. I owe them for co-pays for my medications, but since I am on a fixed income, receiving only an award check from SSDI, I set up a repayment plan and also was approved for subsequant co-pays a hardship which forgives me the debt on subsequant accrewed co-pays, but I have to update my income means every 90 days. This in its self is hard for me to do, since my ability to remember to do this, is one of the problems I deal with, and my basic bills don't change from month to month, except that they get worse during the winter months, since my heating costs are much more than my airconditioning costs in the summer time. either way, it is a hardship on me to pay the nearly $100.00 in co-pay I would otherwise acrew each month. I've been able to reduce my co-pays a bit, by not taking as much pain medication this month, but as soon as this runs out, even if I cut my number of pills in half, the VA will still charge me the $8.00 for a thirty day supply. So I am going to ask my Dr. to maintain my past perscription, if she will, and I won't have to have it refilled for two months, but I doubt she will do it, since an audit of her perscription would show that she is giving me enouth for two months, the way I plan to take them so I can drive. If I hadn't decided to start driving again, then I would only have enough for one month, so I can be mostly pain managable. Right now, my pain level is such that I am having more migraine headaches, and pain induced fatigue, depression, and trouble getting and staying asleep among other pain related problems. Anyway, for now I have gotten things straightened out for now, but I am sitll out the money they took and it will take me a few months to catch up on the bills I have had to take from peter to pay paul as it is and I hope I catch up before the winter cold has me turning my furnace back on to at least keep my pipes from freezing like they did this past winter, for which I am having to replace the subfloor in my bathroom because of it. Another cost I can ill aford. Rockhound Rider <_<

I might as well tattoo my forehead with the word, "The government screwed me, not just the VA." Word to the wise, If you are receiving SSDI and subsequantly Medicare, then don't expect it to help you get an IMO and or an exam that will have any weight as evidence in your claim. It seems that Medicare won't pay for a IMO that involves reviewing complete medical records required by the VA and they can not by law bill you directly for such services. I don't know how correct his statements are, but he says even if you pay the whole bill, if you are receiving medicare benefits, then by law he can not bill you for his services. If he wishes to do it probono, then that is the only way they can legally get around the law governing those receiving and/or using Medicare. If anyone knows that this specialist doesn't know what he is saying, then I would like to know so I can show him that he can bill me directly for the IMO that involves the VA. He said he won't do it unless the VA authorizes to pay him for the IMO, otherwise he can only report his findings, but cannot cannot review the medical records to the extent that the VA would require without someone besides me paying out of pocket or rather that Medicare pays or VA pays him. I couldn't even get him to give me a lagitament cost for such an opinion, said it amounted to what the VA was willing to pay him for the service. I might as well tattoo on my forehead, Screwed, because that is how I am feeling right now. I'm wondering what good is paying for and receiving Medicare, if it is going to be such a road block to getting what I need for my claim to win. Plus his view on why my nose if obstructed differs completely from everyone else, He is saying that the prolapsing of the nare walls is what is causing my obstruction and not sinusitis or any kind of rhinitis, but he did say it was probably caused by from the trauma the nasal fracture caused, but whether his opinion will have any weight given to it because he won't reveiw the associated medical records relating to the claim, we all know none will be given to it. without reviewing the records and giving a medically accepted rationale, the VA can ignore anything he says, even if he is a specialist. I'm so upset, it's going to take my Dr approved extra dosage of psych meds to get me through it. I don't want to end up on the loony bin ward, they won't discharge me on the week end and I got no one to take care of my cats. Tammi's to young to leave alone more than overnight and I would worry more about how they were doing than how I was. I :P won't even be able to tell my SO how things went until next week, because she is out of the office on Friday to catch up with the paperwork, she was almost as excited as I was thinking that I would be able to get an opposing IMO to use as new evidence to give to the DRO to consider. I go to go, or I'll just keep ranting on how badly I feel and how badly I was treated today. Rockhound Rider :( B) :P :P

My SO requested a copy of the medical evidence that the VARO used in determing my claim, so we would know what they used and what a IMO Specialist would have to review and list as having reviewed the same medical records as the VARO Rater and C&P Examiner did. Surprize, surprize, their was a lot of unrelated medical information supplied, that I can find in no way would it be necessary to the claimed problems I applied for compensation. Also, they have, more than once added more than one copy of the same progress notes, labe results, etc. not to mention that part of the medical evidence is copied on both sides of one sheet of paper. I wouldn't mind this, except that this is where most of the duplicate information and reports are located. Now I am going to have to take the time and remove all this duplicate information and to make sure that everything is on just one side, so I can better show the continuity of treatment and make it less confusing for my IMO to understand and not have to figure out what goes with what and when things happened. Thankfully it is nothing more than a ream of paper thick, but I was able to go through everything, even the non essential stuff, in not to long of a time. My only problem is that my printer is out of ink and I don't want to mess with this file to much, until I can have a copy of it made, which costs me money I don't have to spend at this time, I'll have to wait until my SSDI check arrives on the third Wednesday of the month coming up I believe on the 16th of this month, the date it arrives differs each month, which gripes me, since most of my bills are due on the 1st and 15th of the month. I sure hope my IMO Specialist can help me out, my claim is not that I may or may not have had them during service, but rather that the injury and subsequant SC conditon caused either a mild form of the problems, to become worse or rather Chronic, or that they caused these associated problems to become worse that they would have normally been in the course of their disease process. All this has to be conveied tomorrow when my IMO appointment is. I'm hoping to get all the claim information to the Specialist before they have had time to complete the IME and tests that I hope to get them to do, tests and exams that the VA C&P examiner hadn't done to prove conclusively their findings. i.e. Allergy test, indiscope of the nasal passages and sinusis, and possibly prividing a second confermation of other findings that support a chronic condition exists. Anyway, I had hope the VA would play nice, but given the way these records are copied and presented, it's only fair to say, that nothing has changed, it appears that they still want to mess with you in any way they can and get away with it. Some of the records they added, deal with my psychiatric issues and others deal with other issues of the muscleskelatal system, including a sick call intry for ingrown toe nails, shin splints and urinary infection. Non of these have anything to do with a claim that involves a nasal fracture and deviated septom or related problems like sinusitis and rhinitis. Can my SO in some way, complain to someone in my name, especially since psychiatric information is sinsitive in nature and totaly outside the relm of this particular claim and the other information is in no way necessary to the claim either? Rockhound Rider B) :D p.s. sorry for my bad spelling, seems my fingers and mind can't get together tonight.

I went into the records office and asked for the information and was asked if I wanted it as a hard copy or would I like it on a CD. Mind you, Xrys, CAT scans, MRI's and such must be gotten seperately, only the written report or evaluation of these will be on the CD, at least that is what I have found thus far. There is a lot of pages of information to go through and catalogue, for me to know for sure, that there really is no digital imagery on this CD. If they don't offer it to you, then ask them if they do or can put it on CD. Rockhound Rider :D \

I'm stump here people, has anybody's questions realy been answered here? Maybe if he would share with us his BVA Case as Berta asked about, we could have a better understanding. This tid bit of information doesn't seem to help me understand exactly what are the issues of this claim nor exactly how we can be of help. Maybe if he took a more chronological order, from his problems before service, during service and after service and what he has done thus far with his claim from his first application till now. I know it would be a lot, but I find what has thus far been shared, a bit convoluted and confusing for me and I have some insight into what he may be going through, given my history with my psychiatric issues with Schizophrenia issues since my time in service, having been labled incorrectly as a PD disorder, when in fact, the PD disorder was in actuality a seperate issue due to a medical condition and the psychiatric problems. IMHO and I wish them the best in the outcome of their claim. Rockhound Rider :D

We need more information to completely understand what it is you want answered. Are they saying that you had these problems prior to service, but that they were aggrivated by service and if aggrivated by service, was it more than what the normal progression of these problems would have been during the normal course of the disorders process? If they are saying that you had these disorders prior to service, and that service aggrivated them. The amount of aggrivation must be more than it would be in the normal progression of these disorders in order to be found SC. Also, as I understand it, a baseline of the symptoms must be determined, in order to determine how much it was aggrivated by being in the service and if it showed that the aggrivation was more than it would have normally been during the course of the developing disorder or disorders. I also noted that you had a PD NOS. Do they say anything as to whether or not this was superimposed on one of the psychiatric disorders or visa versa? Did you know that you had schizoaffective disorder prior to service and/or were you treated for psychiatric problems prior to service, and did you note these on your Induction Physical paper work? If not, how do they rationale that you had these problems prior to service? You need to be willing to open up and give as much information as you can for those who have knowledge of these types of claims to answer your questions in a way that will be most helpfull to you on your claim. Having a PD diagnosis in there is a big red flag for a rater to jump on to disallow your claim, even if you also have a cocomitant psychiatric disorder. They may try to ignore the others, saying that your PD is a developmental disorder and not service connectable. This can be as far from the truth, since you also have these other dx's that can be SC or at the very least SC due to Aggrivation. Having said all this, you may need some clarification by getting a IME/IMO from a private board certified Psychiatrist, expecially someone who specializes with those suffering from one of the number of schizophrenia disorders in the list posted earlier. I just hope you are financially capable of getting this specialized opinion, or take it from someone who hasn't been able to, because of being on a limited and fixed income which barely pays the bills as it is. Were are here to help if we can, but the more information you can give us, the better we can understand your situation and can either answer your questions or direct you to where you can get the information that will, or at least help you more, so that you can also help yourself and your claim. Rockhound Rider :o

I believe that I read someplace that Statements made by a Veteran can not otherwise be used against him in a claim, that is unless their is seperate corroberating evidence to support them as fact. I am wandering if, on the induction physical examination paperwork, in the questionare part, where the inductee checks off medical problems that he is aware of, that he has had prior to that time, can be used against him in a claim after service to show as having the problem prior to service, even when, during the actual physical exam section of the work sheet, the examiner checks that he is normal. case in point, inductee checks that he has had sinusitis, yet the physical exam says the sinusis are normal. Also, a re-enlistment physical close to the end of his present enlistment, also checks off that the sinusis are normal. Can it be said that, the chronic sinusits that he suffers from now, for which the veteran is trying to claim as a result of a SC condition, was denied on the basis that he had a pre-existing condition that did not get any worse, anymore than it would have normally have done in the course of the disease process? Would this determination be for a medical specialist to make and not left up to the C&P Rating officer to make. Shouldn't he have requested a medical opinion on this, rather than to just quote the 38 CFR regulation? Checks in a box on what one thinks he had as a kid growing up, just doesn't seem enough proof that the condition was present prior to service. At the time, for all I knew, any cold or sniffle or upper respiratory illness was called sinusitis. Anyway can someone help point me in the direction, if their is some rule or regulation, or USC that clarifies this, not being able to use uncorroborated statements made by a claimant, aganst him, in his claim? Rockhound Rider :o

The rationale that the C&P Examiner, a NP used, was from the Internet Web site called, "UpToDate". She quoted in her opinion directly from a report, that supposedly supports her opinion, but in this same report it hints at differential diagnosises that may have the same syptomalogy for the problem I am seeking SC for. She relied on a report for Chronic Non-Allergic Rhinitis, then going on to say my symtoms were more consistant with Allergic Rhinitis and that the available literature does not support that Allergic Rhinitis is less likely as not caused by my SC fractured nose and deviated septom due to trauma. What she failes to state, is that from this same source, UpToDate, a report discusses the differential diagnosis for Structural causes of nasal symptoms, which shows how acquired abnormalities, such as a deviated septum, alter the natural air flow through the nasal air ways and concomitant diseases, such as discribed by the C&P examiner may potentiate/make worse the obstruction caused by the deviated septom. Meaning that a mild deviated septom along with one of these concomitant diseases can otherwise make a mild obstructed nasal air way much worse, more so than it would otherwise have been. I'm hoping to offer this observation with an ENT IMO hoping after they have had time to study my case, will agree and offer this apposing opinion showing how the C&P Examiner failed to consider all the medical evidence when giving their opinion and medical diagnosis. A diagnosis Allergic Rhinitis, with out any tests to conclusively make a diagnosis, nor anything other than her unsupported opinion, that the problems that I suffer from, chronic sinisitis, chonic non-allergic rhinitis, and/or rhinitis are not directly either the cause of or that they cause these problems to be worse than they would otherwise be. Also I hate it when the C&P Rating officer makes a medical opinion, such as when they state that they know conclusively where the tip of my nose is located and to what extent the fracture was, when their was only the one brief statement that the fracture occured at the tip of the nose, expecially when, even after a couple of CT scans and an Xray, haven't been able to show the brake, nor have any opinion from the reports on these exams, made any statement as to the fractures location. I'm just in a sour mood and can't seem to get myself out of it. I may be predudical in my opinion, but what I read from my research thus far, appears to bear my opinion out, that opinion being that it is at least as likely as not that my fractured nasal bone and deviated septom are what is causing my symptoms of Rhinitis and at time sinusitis to not only be chronic, but worse that they would otherwise be, had I not fractured my nasal bone and developed a deviated septom as a result of that trauma. I do believe I should get, in addition to my 10% SC'd fractured nasal bone with a deviated septum due to trauma, I should be award as secondary, my chronic sinusitis, non-allergic rhinitis, and/or allergic rhinitis, or at the very least, for aggrivation of these NSC problems as if they were SC, as determined by the symptoms, a 10% rating as well. I won't even go into anything now, about what I see and my PCP see as painfull scar tissue on each side of my nose at this time. I need some time to consider whether or not it will be worth the additional 10% for each side, by seeking an IMO opinion from a Dermatologist specialist or Plastic surgion, who is familiar with scar tissue and can give an opinion that supports that it is indeed, scar tissue and is in part due to my fractured nasal bone and or deviated septom. Got to go, Tammi says it's time for her Mid Night snack and won't stop bugging me. LoL Rockhound Rider :o :o

Now I know why I am of the opinion that NP do not have the experience or training to give professional medical opinions that even at times, a more qualified MD and/or specialist can get wrong when they don't consider, not only all the patients medical history and problems, or compair what they have found to a differential diagnoses as well. Case in point, the NP is so convinced that my symptoms are so consistant to Allergic Rhinitis and that it is not, in any way related to my SC nasal fracture and deviated septum, that they made no attempt to add that their where other diifferential diagnosis that could and do have the same type of symptoms. Nor do they deem it necessary to give any mention to those NSC problems that I have, that could explain for one or more of these symptoms. If I take but one of the symptoms, such as the eye symptoms, these same symptoms can be explained away by the fact that I not only have a Autoimmune disease that is know to cause eye problems, an eye problem with dry eys syndrome, and oh yea, I have mild photophoia/sensitivity to light. These problems are not discused or mention away as to how these conditions have no bearing on their opinion that I have Allergic Rhinitis. Finally, they are so sure of their opinion that felt it was no even necessary to have any test or such to even show what it was that I was allergic to to cause my symptoms, yet the also opinion that I have a history of Sinusits and also Chronic non Allergic Rhinitis, failing to say how either of these conditions can cause the same sympptoms and/or be present at the same time. Neither of this matters, when my claim deals with how my fracture nasal bone and deviated septom are causing the problems or if not the cause of my present congestion and obstruction problem, they have made my chronic issues significantly worse than what they would normally be in the course of their disease process. It is shown by a differntial diagnoses, that an acquired structural change of the nasal passage, such as would be in the case of a nsal fracture and a deviated septum, cand and does cause these same symptoms of congestion and can make any one of the problems mentioned, worse than they would normally be, such as to make a non chronic nasal condition to become chronic and/or make the symptoms worse. All this gives rise to my paranoia, that the VA is not their to help us get what is due us, but that they are their for the government, just to save as much money as they possibly same or keep the claims open long enough, in the hopes that we either drop the ball on the claim or die before we can and usually, do get SC in the end, especially those who do have anyone to carry on the claim who would also has a claim in the matter such as a wife and or child. I'm left with trying to get, yet another IMO, to add to my DRO request and I suspect another year and maybe more time, before I here on it, and even then it would probably still end up being appealed to the BVA. The longer this goes on, the worse my mental pictue seems to become. I guess its time to think on getting a few days stay at the VA loony ben again, just so when they adjust my medication, I don't have to worry about who or how I am going to manage to take care of myself. I guess I better go take my meds like a good boy, I was so out of it, I forgot to take them after dinner tonight and I guess it shows. It goes to show how dependant I am on these meds, to at least keep me on a simblance of an even keel. Good night all and I hope you all have a nice holiday week end, Rockhound Rider :D B) :o :o

Since for now I only needed a few items, that works out OK, but to do it over a thousand times, OH BOY! The matter is at a stand still right now, my printer ran out of ink and no new funds to buy another cartridge till the 16th and I don't want to be doubling up once I start reading everything, since I am sure to find something that could possibly help my current claim and the one I have waiting to submit. Today was a bust except that I was able to pick up the CAT scan results and a CD of the Scan. Nothing new except for a bone spur, but don't know how it will figure into the whole picture of the fractured nasal bone and deviated septum. Their is a mild deviated septum, showing is a "S" configuration, but the sinuses are clear, so I am still left with getting a definitive opinion on what is causing the congestion and obstruction that is at all times no less than 50% to both times and at other times showing a complete obstruction of the left side. I hope my IMO appointment on the 10th of this month will shed some light on that and also am hoping to get an allergy test to difinitively and hopefully rule out Allergic Rhinitis as my main problem and get these dumb ENT so called specialists at the VA to stop refering to my congestion as allergic rhinitis. It won't matter one way or another, I have found documentation or at least supportable literature that shows that a deviated septum or for that matter any structural abnormality will make such condition much worse than they out to be or cause an otherwise mild obstruction much worse and it states that this will happen in 50% or more of the time. I sure wish ink cartridges weren't so expensive. I'd use the refillable kits, but having been in the Office Machine Repair business at one time, I have tried to clean a number of printers that had their plugs come out and on hot days or heavy use of the machine caused the ink to expand and mess up the works, sometimes it would be better to buy a new printer than try and clean up the machine. Well I got to practice moving files around, it seems the files I moved to CD somehow moved as read only and now I can't do anything with the files except read or print them, I can't even seem to erase them from the disk and the disk is a RW disk and my computer has a CD write and re-write capability, maybe I have forgotten how thing work, I'll probably have to move the files to another disk, with the correction, instead of trying to figure it out. might save me time. LoL Rockhound Rider :o :o

I was thinking along these lines, but it is going to take a lot of time, I don't type or read very fast and I can't read for very long either. It appears I have over a thousand pages of medical information that will have to be gone through, maybe not as much as some, but it seems like a daunting task, but it has to be done if I want some symblance of order and ready access to my records on demand. Rockhound Rider B) p.s. I'm off to town to see what my resent CAT scan of my nose has to tell me, not overjoyed if it shows what I want it to, but it will be a big help in my current claim.

Don't know, I will check it out and let you know. Printing out using their page numbering seems to work ok. pages correspond with the page number and the print out is quite good and readable. Rockhound Rider B)

Since I didn't have any idea at what the VA may have of medical file in my C-File, I requested a copy of my VA medical records on CD. The Disk arrived today by FedX. It is self loading, but their is no instruction as to this point. The second time I loaded it, I had to select which drive and go from there. It uses Microsoft Office document imaging. One problem I noticed right away, the print was clear but it looked faded and made it hard on my poor eyes. Also there is no endex to go by, but there is a page by page listing on the left of the document similiar to what Adobe reader uses. Now I have a lot of veiwing and reading to do, so I can make and endex and find what is available to support my current claim and the new one to come after it. At least now I won't have to worry about loosing a hard copy or trying to go through all the paper to find what I need. With an endex, it should make thing a bit easier to find. It's not a perfect system, but it seems it is going to be better than what I had had to deal with in the past when I needed a particular document. I still have to see if everything is their, including Cat scans, MRI's, and Xrays. You all might consider getting your VA Medical Records of CD. Rockhound Rider B)

p.p.s. Sorry, it did not sink in that you were already SC'd at 10%. If it is less than one year, then ask for a reconsideration and, other than showing quoting the schedule for disabilitiesand at what percentage level you believe you should be at, present then evidence to show this. I statement form you treating Dr that states why your medication was changed, that it required the stronger or more appropiate medication for your condition, you might show them the schedule and ask if they agreed your asthma warrented a rating higher than it is, but don't hold your breath, you may have to go outside for a IMO on this. good luck. RR

Asking for more evidence, I believe is part of the VCAA form letter they send out, at least that is my opinion, for what it is worth. Providing them with the schedule for disability showing at what level you believe your Asthma meets is not going to be enough to win your claim. you'll need a nexus statement from and preferably a Specialist in Asthma and evidence of your inservice duty exposure, and treatment records of your ongoing asthma condition. Which is anything and everything that relates to your asthma, including any civilian medical records. This is assuming you are SC'd for asthma at this time. If you are SC, then you need to provide any and all the evidence you have that applies to your SC asthma that is new and material to show an increase in severity of you Asthma. Don't Assume That They Have or Have Gotten The Evidence From Your VA Medical Records or From Any Other Source. If you can afford it, you should consider getting an IMO from a source other than the VAMC you are treated from. There is a lot more you can do and by doing a bit of research of this site, on what you will need to prove your claim, you should get busy and do it. You need to be pro-active with your claim, otherwise you may be wasting your time in the appeals process hoping for a decition in your favor. Look under these subjects, depending on your claims level. 1. New Claim for Service-Connection, or 2. If it has been denide previously, then Claim to Re-open with New and Material Evidence, or 3. If already SC'd, Re-open for an Increase in Severity. There is probably more I could say, but what you need at what level your claim is at is more fully covered here on this sight and the information lacks the errors I might have on this subject. JMHO Rockhound Rider p.s. don't do as my little helper does, when your working your claim, LoL see attachment

This may be, or may not be my last post on this subject. My pain level in my or rather between my shoulder and elbow, which feels like it is more in the muscle or tendons has reached a peak in which I can no longer stand it without taking my pain meds once again. It came to a head when I went in for the MRI I was getting to find out what was causing the pain in the left lower part of my back and what started out as a loss of feeling in the left side of my thigh. While getting the MRI for this I had to raise both of my arms above my head so I could fit through the donut hole of the machine. I've had to deal with kidney stone pain, but lifting that left arm above my head caused me to actually cry out in extreme pain. I had to indure this pain for a considerable amount of time while they ran the machine, trying not to move. Easier said than done, let alone trying not to cry because of the pain I was in at the time. Trying to fix my mind on the antics of my Kitten Tammi earlier helped a tiny bit, but by the time I finished the MRI, my arm was locked in the position above my head and I nearly passed out when the attendant/MRI operater helped me to lower my arm. She nealy called for help to have me taken to the VA hospital, but I managed to talk her out of it and since I was her last client, she let me move at my own pace. Boy, how exhausting that experience was. I just hope that the pain is only an indecation or caused by a worsening of authoritis or a strained or torn muscle or tendon and not some new disease process, the worst of which could be cancer. I'll check in another day or two, if I don't hear from my PCP or her nurse. God I feel like I must be 100 yrs old with my body going all to hell and my mind as well. At this rate, I'm going to have to find an aid to help me do things, which I'm not sure how I'm going to like it, not at my age anyway. I was hoping to hold it together long enough to be able to go fishing or even to travel on my own as my finances began to level out. I guess you can say I am just feeling sorry for myself, but I have not had to deal with this much sustained pain at this level ever before. It just seams to get worse the more I try to deal with it without my pain medication. I think it's time to talk to my psych Dr. because just as my pain level goes up, my depression and all seams to worsen as well. Having my hand and fingers throbbing in pain doesn't help matter either. Times like this I wished my computor had one of those fancy voice recognition programs, so I didn't have to use my hands. It's time I took my hard stuff, I hope it is enough to put me out, at least for awhile. I know sleep would not come at all, if I don't take the max I am allowed. I wish it was more but I am not about to risk an overdose, since I know the max dosages that I am allowed are well within the safety limits and for the combination I take, so you need not fret on that regard. Rockhound Rider

I mere statement of, "it is just as likely as," will not suffice. The IMO will have to not only include that he has reviewed both the service medical records and any civilain or VA medical records, but that they have also examined you and found that your injuries and limitations were consistant with, as per the CFR schedule of disabilite rating/ which percentage rating that matches your condition. Then they must given their rationale/ reason and basis for their opinion, noting specifics of your case and as to how they apply to his opinion and provide any supporting documentation/treateses that he can along with a history of his schooling, specialtese, experience, and any cirtification in any related specialties that support his knowledge and opinion. This is why it is hard to get a decent opinion to knock down what the VA uses. Unless the IMO is loaded for bear, even if the Evaluation of your condition came from a NP like mine did, your not like to get a change in their opinion or if your lucky, have your IMO used to outweigh the other VA doctors or C&P examiners opinion during the rating process. Rockhound Rider

The reason why I included Chronic sinusits with Chronic Rhinitis is that they usually occur together, the Rhinitis morely likely than not being a causal facter in developing Chronic sinusitis and both having a causal link to the abnormal structure of the nasal air passage due to the factors caused by a fractured nasal bone and septal deviation due to this trauma. If one is to claim that the problems are due to an allergic response causing an inflamatory condition, then one must clearly define what the allergin is. This requires objective evidence two out of the following objective symptoms must be present. 1. Nasal obstruction 2. Facian pain, pressure, and/or fullnuss 3. Decreased sense of smell These same symptoms can be be found with an acquired deviated septum, which is the most commone cause of nasal obstruction, Cocomitant diseases, such as allergic, or vasomotor rhinitis or chronic rhinosinusitis, may potentiate the obstruction caused by a deviated septum. Plain english means, that a deviated septum can make these condition to be far worse than they would normally be. Which in my understanding, is that if a SC injury, illness makes a non SC condition worse than it would normally be, then that condition must be considered as SC and rated at or above what it normally would have been as if it had been SC. If I am wrong, please let me know. Also, my argument is that an illness or disease, even if it is not directly caused by the SC condition, but is made worse by the SC condition, then the NSC condition should be SC as secondary to the SC'd condition as if the SC condition had increased in severity above which it normally would have been. In stead of 10%, due to the trauma, it should be evaluated for an increase above what it is rated at now, and the secondary issue rated on its own DC. Now if I can write this argument up so that the Rater and/or DRO can understand it, maybe I have a shot a reconsideration of their decision. Rockhound Rider