BMCS00

Hi All, I am currently rated at 20% for degenerative disk disease, and 10% bilateral radiculopathy. Recently my DDD condition worsened, and I now have siatica, bilaterally, because of the disk degeneration at L4-L5 and L5-S1. It is worse in my left side, with tingling and nerve pain on a daily basis, depending on my level of activity. I have had MRI, and an epidural injection treatment, but that was not the end-all cure-all it was touted to be. Is this a condition I can be rated for, or would it be considered pyramiding, since I am already rated for radiculopathy? At this point the sciatica pain and discomfort is greater than the radiculopathy. DAV couldn't give me a clear answer, and I don't want to be throwing darts in the dark, so to speak. Thanks for all your help. --Jim

18 months for DRO review for EED, 30 months for one other item. --Jim

Like Pete53 said. If you joined the service without tinnitus, and got a diagnosis of tinnitus during your service, then it is what it is. Your hearing test was one persons opinion. I wouldn't worry about it until you get the rating decision letter, and see what your rating is for tinnitus. Best of luck to you, --Jim

Thanks everybody. This kid is really messed up. I know about the 800 number. I don't know enough about him to answer the 40 questions they ask to verify who they are talking to, and I don't want to ask him to do it, he has enough on his plate. Sometimes people that read posts here might have the same condition and might already have the code to share. Maybe I need to get his step-dad to call, he should have enough info to get through. Berta, yes the Dr has already put it in writing but for some reason it's taking a long time for that report to get to the folks working on his claim. I have reviewed some of his SMR's and see enough to convince me, he got a psychiatrist at the VAMC to put it in writing, and the C&P Dr did the same. They both said it's very clear cut. This young man returned to Afghanistan after accompanying the body of his best friend home to his family. When they enlisted they promised each others family that if anything happened to one, the other would bring them home to the family. I think that was part of the enlistment contract. When he got back there were at least 2 or 3 PTSD serious 'stressor' situations, and all well documented. He said people with his mos were called a bullet sponge, for obvious reasons. He did get a sizeable enlistment bonus ($20k). thanks again, --Jim Life is good! :D

Hi All, I am helping a friend who was recently returned from Afghanistan. He did 4 years in the Army, and made it home. That in itself is a miracle. He does have some sc conditions, and I can't find a code for them, as the initial 0 or 10% awarded seems too low for the condition. The first one says "Status post left shoulder pectoralis tendon repair", 10% the other says "Chronic right shoulder strain, status post AC repair", 10% I did a search and found what I needed for GERD and Hypertension. Decisions deferred for PTSD and insomnia, VA is waiting for Dr reports from VAMC. His Dr says he has it, no doubt, and feels he meets the criteria for 100% ... at least initially I suppose. This initial award letter came on the heels of a phone call our senator made to someone involved in the process. Long story, I will spare you all, but this young man needs/needed senatorial intervention ... and it seems to be working for him. Any help with the diagnostic codes is appreciated! --Jim Life is good! :D

Hi Huff, Welcome to hadit, sorry for your poor experience. I can say that, although your experience isn't uncommon, I have had very positive experiences with the VA system at Togus, ME. The important piece is that this persons attitude doesn't sway his observations with you during your appointment. Within a couple of weeks you can get a copy of his transcribed notes from the 'release of information' office at your VA hospital. You have to sign a release form, and put the date of your appointment ... and a mailing address. If you are not close enough to stop by conveniently, you can download the form, fill it out, fax it to the release of information office. You will have to make a phone call to find out the correct fax number though. You can download the form here: VA Form vha-10-5345-fill.pdf- Release of Medical Information. In my experience, I get my copies within a couple weeks of sending my release in. Either way, thank-you for your service, and good luck to you. --Jim Life is good! B)

I have had the same problem for a long time. Its the only forum that displays for me in backwards order. I have switched from standard to linear view and vice versa, with no change. I have gone to the link Carlie just posted, and that forum is the only one that will display posts with the oldest one first, and replies below it. I don't understand. Others I have chatted with say it's a coding thing with the forum board. But I don't know how to explain that to T-bird, so I always just scroll to the bottom and read my way up ... I just don't read as much as I would like here. --Jim

Couple things. Did all the tape come off the cartridge before you put it in? Does your printer have a utility that will align and clean the print head? If you click on Start/All Programs, and look for the brand of your printer, and see what's there. Most come with some sort of maintenance utility. --Jim Life is good! :D

With the VCAA letter, there is a 30 day timeframe to submit additional evidence attached to it. If you have submitted all the evidence, there is no need for additional time, right? I think it's worth a shot. --Jim Life is good! :)

Hi Berta, thank-you for your response. I think you made some valid points. VCAA Letter - I'm not being sarcastic, but how do you see that a VCAA letter is faulty or deficient? Is it that they don't list or address all the items on a vets claim? Time frames? I'm not a VSR, I'm a layman, so please bear with me. I'm just trying to get some ideas flowing. Ignored evidence - I'm trying to think of a way for a VSR to confirm they read all]/b] the medical evidence to a veterans satisfaction. I'm not sure we can. On the other hand, the veteran can use a highlighter and sticky notes on any medical evidence that gets sent in, to point out key information. I think a veteran being proactive in the process is important, and doing the best they can to present the information needed for a favorable decision. I was thinking that each RO should have a process in place for the team whose initial work was overturned by the BVA, to review each remand case, glean some lessons learned and share them with the others involved in the RO process, so they can strive to not make the same mistake twice. Does that make sense? Just a thought. Thanks again Berta, --Jim Life is good!

It's easy enough to complain about how long it takes to get what seems to be a simple claim through the process in a timely fashion. We all know complaining does little good unless the right person hears it. Some of you have worked as a VSR or for the VA in some other capacity in your past, most of us sit around and wait for our claims to be finished to our satisfaction. How about post here some ways to improve the process. I think it takes too long between Comp & Pen exam to rating decision, but I don't know or understand the process in between. I think a timeline should be established for a new claim, from the day it arrives at the VBA to the day a rating decision is made. How long should it take for each step of the process? How many steps to the process are there? Are we really just searching for the holy grail in the world of disability claims processing? I would like to foster some discussion here, and see what we can come up with ... what do you say? Jim Life is good! B)

Not sure, but it sounds like you have some $$ coming your way. Like jerrbilly said ... keep an eye on your bank account and mailbox. --Jim Life is good! :(

It's a good idea to get help from one of the service organizations, such as the Disabled American Veterans (DAV), Veterans of Foreign Wars (VFW), or the American Legion (AL) ... They are all good at helping a veteran in filling out all those forms, and getting them where they need to go, and helping the vet understand the process. This is especially important if this is your first time through the claims process. Good luck! --Jim Life is good! B)

I think post-determination is the part of the process that does the administrative steps in order to finalize your claim. Your claim is still open because it's not been finalized yet. I don't know what the administrative steps are, I'm sure someone else will chime in. --Jim Life is good! B)

CD's from events like that are usually encrypted to prevent copying. You have to get any additionaly CD's from the funeral home or company that made the original disk. --Jim Life is good! B)

I think my CUE is about the VA disregarding the rating schedule and evidence before them. I still need to read the CFR cites. Berta, Here is a copy of one page of the decision letter that came May 15, 2001, which is dated about 3 weeks after the SOC. It lists the deferred items, and what they need to continue. Pages (not included) said I should provide any additional documentation within 60 days. I have no additional correspondence after this letter. I think they should have acted on what they had 'of record', but was told by DAV rep that because a year went by, it was 'denied'. I just don't agree that it should have been denied, based on the evidence that was 'of record' at the time. --Jim Life is good! B)

Hi Berta, You are sharp! Yes, 8 items decided, 8 deferred. Anyway, I am still waiting for the official letter denying the CUE. It was not formally denied PRIOR to my cue. It's status Here's the part I don't understand. In my SMR, I have complaints of the symptoms of CTS, but no diagnosis. I got the diagnosis less than 3 months after I got out. My SOC says my claim for this was deferred pending VCAA development. I think that means they wanted any additional documentation I had. I didn't have any. They had all the documentation in existence. I got the claim reopened based on the second nerve conduction study (NCS), and second submission of the first one, the other specialists notes, and copies of pages from my SMR. All is information listed on the evidence page in the 2001 SOC. I think my condition was such that I should have been rated 10% for it back in 2000, or at least 0% for having the diagnosis, not deferred. How is it that the NCS I had in 2008 all of a sudden made the nexus? They had all the other evidence making the nexus in 2000/2001. Once I have the official denial of my CUE, I will post it's results here too. My DAV rep is marginally helpful. deltaj, Thank-you for the references you provided. I will read them today and see how they apply to my situation. I do have 3 copies of my entire medical record, which I took a few days before I got out. My case does not appear on the list of presumptive conditions. Thank-you all, --Jim Life is good! B)

Hi Berta, I'm having trouble attaching the file here. You can click this link and go to my google docs to see the decision letter dated April 2008. The original denial can be seen here. The last page of this one, only the top paragraph applies. I forgot to black out the rest. I also have the 2 med reports if interested. I included just the pertinent pages, with private info blacked out. The screwy part is that the 2 doctors reports back in 2000/01 both say I have carpal tunnel syndrome. The second nerve conduction study in 2008 indicated it had worsened. That was the only 'new evidence' I provided to get my claim reopened. I also did include the earlier doctors reports, and mentioned in my letter that I didn't think they were used in the earlier decision. Thank-you for your help, --Jim Life is good! B)

This kind of fraud frosts my cookies too! The crime, if there was one, I think would be for fraud, and for not reporting the veterans death to the appropriate authorities in settling his estate. Probate would have caused the sale of the house to settle the mortgage and any liens on the property. Had the son continued to pay the mortgage he would have most likely gotten away with it. PR - I don't judge you. Sometimes you have to do what you have to do. I don't think your situation had a fraudulent intent when your mom took out the loan. She had the credit to get the loan, you helped make the payments. The bank doesn't care who makes the payment as long as it's made on time. You did it to help your mom, not for personal gain. I'd make the call. The VA or whomever can sort out the details and see if a crime had been committed ... --Jim Life is good! :o

Hi Carlie, As I stated, I only have the 'unofficial' word from the DAV. I haven't gotten the letter yet. My cue claim was for an earlier effective date. I guess the point I didn't make is that the nerve conduction study I had back in 2000 was less than 3 months after my discharge (retirement). That being the case, it should have been considered service-connected. Instead, I think the decision on that was listed as 'deferred'. So to answer your question, I don't have a reg to quote. They had the proper evidence before them in 2000 while working my claim, and did not grant it at that time. I got my claim reopened in 2008 and was granted 10% bilateral for carpal tunnel syndrome. The new report stated the same thing as the report in 2000, which was 'moderate' on the right, mild on the left. Had I been rated 10% bilateral in 2000, I would have had an overall rating of 70% not 60%, which is why I am trying for an earlier effective date. Thank-you for your service, and your time, --Jim

Well, I guess it doesn't matter. I got my unofficial notification from the DAV that I was denied. I should get my official letter soon stating why, and will go from there. Thanks just the same, --Jim Life is good! :o

Hi All, My original claim in 2000 included my wrist condition. I provided results of a nerve conduction study that indicated such. I was denied just the same, and did not appeal. In 2008 I submitted new evidence (a new nerve conduction study) and got my claim reopened. I was successful in being rated 10% bilateral for Carpal Tunnel Syndrome. My original overall rating was 60% (63.25% in VA math, 30,20,10,10,10,10). Adding the CTS back then would have resulted in an overall rating of 70% (70.97% in VA math, 10Bilat, 30,20,10,10,10,10), according to the Hutsky-Star rating calculator. What are the chances of success in my claim for a CUE, for an earlier effective date? It could mean a pretty good check. Thanks, --Jim Life is good! :o

You don't say how old the loan is, or if it was taken out before the veteran died. The loan could have been taken out in the veterans name, for the benefit of the son. Once a loan is made, the lender is never heard from unless payments are missed, or they are trying to sell you something else. I am a licensed real estate broker, and have been to a lot of closings over the years. Every closing requires the buyer(s) and seller(s) to provide photo identification, which is a federal requirement. I would be certain of the situation before calling anybody. --Jim Life is good! :o

I have had a claim in for over a year now, to sc pes planus and plantar faciitis, among other things. On my entry physical the doctor noted asymptomatic bi-lateral pes planus +2 degrees. Over the years my arches fell all the way down, and I had probs with that and plantar faciitis while on active duty, well documented in my smr. So, my claim is for 'aggravation to a pre-existing condition' for the pes planus. The plantar faciitis is clearly service connected. My feet are in bad shape now, and I wonder how the rating team will see things. On another note about BVA, that is good advice from Carlie. I always use the sight to see how MY VA office handles things, as they are inconsistent at best across the country. I figure that if I see how the BVA handles the appeals from MY office, it will better prepare me for getting my claim through first time. Any thoughts or experience about my claim? Once I get the decision, I will post the results here. Thanks, --Jim Life is good! :D

I filed mine in June 2008, still waiting for an answer. I do anticipate it will be forthcoming in the next few weeks though.