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GulfWarVet1990

Second Class Petty Officers
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Everything posted by GulfWarVet1990

  1. Please excuse if this is a duplicate. Follow up Status: Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC I'm open to any insight and or shared experience. Thank you. Judge remanded conditions. Ordered VA to do another C&P exam, stated the previous exam was inadequate. Conditions were lost in VA "black hole" for over 20 years, finally adjudicated after PACT. I have an exam on Monday, I will definitely attend, however, not sure what to expect. Just wondering if this process will affect my current rating - 100% P & T. I am a DS Vet, served in Southwest Asia during Persian Gulf War. The board noted in my summary "the Veteran is a Persian Gulf War Veteran and presumptive toxic exposure under 38 U.S.C. 1117 has been conceded." I read somewhere that "veterans with Chronic Fatigue Syndrome, especially those who were diagnosed long after leaving the military, are eligible under the law for Chronic Fatigue Syndrome Secondary to PTSD. Two Remanded conditions - Chronic Fatigue Syndrome (no formal diagnosis) as due to immunizations and as secondary to service-connected PTSD. (I am already 70% sc PTSD). Entitlement to service connection for fibromyalgia (no formal diagnosis), including multiple joint pains. Current Adjudicated Rating SC Sleep Apnea secondary to PTSD - 50 PTSD - 70 Chronic Sinusitis - 10 Cancer Residuals - 30 Neuropathy secondary to cancer treatments bilateral hands 30 right/30 left bilateral feet 20 right/20 left Painful surgical breast scar - 10 Tinntis - 10 Chronic Rhinitis - 0
  2. Follow up Status: Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC

    I'm open to any insight and or shared experience. Thank you.  

    Judge remanded conditions.  Ordered VA to do another C&P exam, stated the previous exam was inadequate. 

    Conditions were lost in VA "black hole" for over 20 years, finally adjudicated after PACT.  

    I have an exam on Monday, I will definitely attend, however, not sure what to expect. Just wondering if this process will affect my current rating - 100% P & T.  

    I am a DS Vet, served in Southwest Asia during Persian Gulf War. The board noted in my summary "the Veteran is a Persian Gulf War Veteran and presumptive toxic exposure under 38 U.S.C. 1117 has been conceded." 

    I read somewhere that "veterans with Chronic Fatigue Syndrome, especially those who were diagnosed long after leaving the military, are eligible under the law for Chronic Fatigue Syndrome Secondary to PTSD.

    Two Remanded conditions -

    Chronic Fatigue Syndrome (no formal diagnosis) as due to immunizations and as secondary to service-connected PTSD. (I am already 70% sc PTSD). 

    Entitlement to service connection for fibromyalgia (no formal diagnosis), including multiple joint pains.

    Current Adjudicated Rating SC 

    • Sleep Apnea secondary to PTSD - 50
    • PTSD - 70
    • Chronic Sinusitis - 10
    • Cancer Residuals - 30 
      • Neuropathy secondary to cancer treatments
        • bilateral hands 30 right/30 left 
        • bilateral feet 20 right/20 left 
        • Painful surgical breast scar - 10
    • Tinntis - 10
    • Chronic Rhinitis - 0

     

     

     

     

     

     

     

  3. Thanks all. March 2022 granted 100%. The claim was lost in VBA black hole. Resurfaced 2022 post burn pit claims resurrected. Many of the conditions claimed in 2005 no longer exist due to age, such as reproductive organs. It will be interesting how they will adjudicate.
  4. Does anyone know if a person will get back pay (if granted)for an adjudicated legacy claim (on appeal, currently Judge is reviewing) if the person is already 100% sc. Granted 100% SC for other claims. 2005 legacy claims pending, still waiting for Judge to review. If granted will VA grant back pay? Thanks so much.
  5. Thanks all appreciate the information. Based on further research I would not fit the criteria, both 100% ratings are combined. I do not have a singe rating of 100%.
  6. Thanks all for the information, I am still a bit confused if I am eligible for SMC S since I am not housebound and still work. However, I will definitely reach out to my lawyer and inquire. I am getting SMC K for breast cancer. Neuropathy and scars are secondary and Sleep Apnea is secondary to PTSD. SA at 50% made me eligible for PT at 100% - Feb 1, 2022 PN increase from 10 to 20% and PTSD increase from 50 to 70% made me eligible for 100% schedular without the help of the SA rating - Aug 2022 20% left lower extremity peripheral neuropathy - Effective date:08/18/2022 30% right upper extremity peripheral neuropathy - Effective date:08/18/2022 20% right lower extremity peripheral neuropathy - Effective date:08/18/2022 20% left upper extremity peripheral neuropathy - Effective date:08/18/2022 70% posttraumatic stress disorder - Effective date:08/18/2022 50% obstructive sleep apnea - Effective date:02/01/2022 10% painful surgical breast scar - Effective date:01/30/2020 0% surgical scar, right breast - Effective date:06/07/2016 30% s/p breast cancer with residuals - Effective date:06/07/2016 10% chronic maxillary, frontal, and ethmoid sinusitis - Effective date:09/26/2003 10% tinnitus - Effective date:09/26/2003 0% allergic rhinitis - Effective date:09/26/2003
  7. Good morning all, I received two decision letters for 100 percent combined ratings. First letter, I received 100% P & T combined rating effective Feb 1, 2022, I received decision letter March 2023, based on HLR decision for Sleep Apnea (PTSD) 50%. “Eligibility to dependents Chapter 35 DEA was included in the language. In August 2022 while awaiting aforementioned HLR decision I submitted claims for an increase on other existing conditions which were granted and I was again rated 100% (combined ratings, scheduler). Effective date August 2022, received decision letter April 2023. Both 100 percent ratings and effective dates were listed on my last letter with effective dates. I am not sure what to make of this. Does one override the other, or it is what it is? Appreciate your insight.
  8. Yes, actually I do ASDF, I have one at BVA and another increase in "preparation for decision". Thanks so much all. @broncovet Your plan sounds great. Sow, Reap, Repeat is my mantra.
  9. I was recently rated 100% (scheduler and PT)1 Feb 2023, received letter and retro, but my claim is still open on the va website and ebenefits.. Is this normal, or just a delay updating the website. Thanks
  10. Thanks Shrek, VA has made it available for us to download our letters, so I printed my decision letter, see VA press release and link to the write up below. Veterans can now access their disability benefit decisions online https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5859
  11. I forgot to ask, how does the VA disburse attorney fees, do they directly send my attorney his fees separate from my retro pay? I noticed retroactive funds pending on my va.gov account, is this my total, or have fees already been disburse to my attorney. Thanks everyone. It's been a long time coming, so I am a bit excited.
  12. Good morning Hadit members. I just want to thank everyone for their encouragement, support and sage answers to many of my questions. I just received notice today, my rating is 100% P & T. OSA secondary to PTSD 50% increased my rating to 100% P&T. I was a bit skeptical when Dr. Anaise recommended an HLR after a supplemental claim denial, but his write up was very comprehensive and VA sided with his evidence vice the examiner. As many have said on this site, it may take longer than you would like to get the rating you deserve, but don't give up. Thank you T'Bird for founding Hadit and your mission to not "leave no one behind".
  13. I agree with Broncovet - Drago should be eligible after serving 180 consecutive days active duty. https://www.nationalguard.mil/News/Article/1038989/guard-and-reserve-members-receive-veteran-status/ I was a AF Reservist deployed in DS for more than 180 days which is how I became eligible for Veterans Status. See page 3 - https://www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVANationalGuardandReserve.pdf -
  14. Thanks Broncovet. I have not intention of firing my lawyer. He has been very helpful. As stated his fees are well earned. Before I hired him I had a legacy appeal from 2004. Long story, claim was lost in VA black hole, claim was adjudicated 2022, all denied except two. I submitted Form 9, and I worked on the appeal myself, so if and when granted I will get a hefty back pay. He did not work on this claim and I want to make sure "I gets my full amount of money." On ebenefits and other VA letter he is listed as my POA (representative) on all correspondences pertaining to all claims I have pending. There is no distinction of the claims he worked on which is the reason I posted. I therefore wasn't fully sure how the monies would be distributed by the VA. From Phury's post I now understand the process. Thank you all. I will keep you posted.
  15. Good evening, I hired a lawyer to represent me for OSA appeal last year. This year I am working on other claims on my own, and I want to remove the lawyer as my POA since he is not working on these claims. His compensation would be well earned and I want to make sure that he is paid for my OSA appeal, however, he should not get a percentage for claims that I am working on that he has not assisted or agreed to take on. Does anyone know if I remove the lawyer as my POA will he still get paid when my OSA claim is granted. Honestly I trying to avoid VA from automatically paying him if and when my other claims are granted. Thank you.
  16. Thanks, no worries about the rant. Hadit has served us all well as a safe place to do just that. I will keep everyone updated.
  17. Thanks John999 - thanks for sharing. Yes, the pain is awful, shooting pain in hands, heel pain, sensitivity to hot and cold, you name it. I am writing a personal statement to accompany my claim. CIPN has affected my quality of life and work effectiveness. So I need to make sure the details are noted, I found a few examples on Hadit. Yup it is unfortunate when the examiner is incompetent or doesn't care. I finally received C&P notes from a previous claim, the examiners notes were poorly written, very disappointing that VA accepted such poor work. Thanks again.
  18. Yes, this is exactly my situation PacmanX1, the CCP is a Neurologist, a Veteran and specialist in Peripheral Neuropathy. I am already service connected for chemo induced peripheral neuropathy, 10% each both lower extremities and 20% each both upper extremities. I plan to submit for an increase, I have good notes from my non-VA Neurologist which won my initial claim. The CCP referred from the VA also provided good notes. Is it necessary to submit a DBQ when I submit claim for an increase? BTW I am also working on a PTSD increase, currently I'm 50% and shooting for 70%? Any wise thoughts are appreciated. Thank you all.
  19. Is it a conflict of interest to ask a contracted VA physician complete a DBQ? I was sent to a community care physician for neurology care (my local VA wait times were 125 days), is there a conflict of interest to ask him to complete the form? Better yet has anyone had luck getting a VA contracted provider complete a DBQ, pros and cons. Thanks.
  20. I have learned so much from everyone on this site. HADIT was the one place since the military that I felt a sense of belonging, people who understood the challenges as well as benefits as a U.S. Veteran. Tbird - so many people have shared my sentiment, so I will just share mine in two words. THANK YOU.
  21. Thanks Broncovet. I submitted an intent to file a few months ago to secure a claim date. Are IMOs recommended to submit with SC increases.
  22. Good morning, I want to put submit an increase for two SC conditions, however, I have two other conditions pending adjudication via appeal in different stages. I'll outline below. My question if I submit the claim for an increase, is the VA likely to lump all my claims together (SC and Appeals)? Should I at least hold off submitting the request for an increase until after the OSA is adjudicated. The years are going by quickly and it seems the VA is taking longer and longer managing claims. I would prefer not to belabor the process if this was the case. Thank you everyone for your advice. HLR - Submitted September 2022 Disability compensation appeal - Status as of June 2022 - The Decision Review Officer is finishing their review of your appeal Requested BVA (submitted form 9) I want to submit an increase for the below SC: PTSD - 50% - I am receiving ongoing MH services from VA Vet Centers, and VA hospital Chemo Induced Peripheral Neuropathy - (I am SC for cancer, environmental hazard, Gulf War) 20% each for right and left hand 10% for right and left foot
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