sepefrio

Wait, I need to know more about these legal decisions. I filed my initial claim for back pain back in 2010. In 2012 it was denied and the reason for denial was, "chronic back pain is a symptom and not a condition or disability. " There was no appeal. I filed for back pain again in 2022, it was denied again. This time I appealed, and in March of 2023 I was given a "Duty to assist Error". This is the comment in the decision letter. The issue of service connection for lumbosacral strain with degenerative arthritis was returned for correction of a duty to assist error in the prior decision, as we failed to request an examination with medical opinion as to whether your current diagnosis of lumbosacral strain with degenerative arthritis is related to the multiple complaints of back pain with which you presented during your military service. Favorable findings identified in this decision: The evidence shows that a qualifying event, injury or disease had its onset during your service. Your complaints of back pain were noted on the following dates: April 1994, February 2001; October 2003, of one year's duration; February 2005, following a motor vehicle accident; August 19, 2005 and March 13, 2007, on Report(s) of Medical History. You have been diagnosed with a disability. A diagnosis of lumbosacral strain with degenerative arthritis was confirmed on a Disability Benefits Questionnaire completed by Brant Thomas, MD, your primary care physician. My question, are they talking about the 2012 decision or just the 2023 decision? The legal decisions you are talking about, can I walk this back and get back pay back to 2010? Note, I just completed a C&P exam related to the appeal a few days ago and I'm awaiting results. Thanks

Sorry to keep asking questions my first day here, but I'm learning a lot. I read another post about a vet who claimed chronic pain secondary to an already assigned 10% for a knee condition. I'm currently rated 30% for my right knee. But I also have daily and often bad knee pain. I've had 2 surgeries over the last 10 years to "clean up" the knee. I'm on pain meds daily and get knee injections every 6-8 months. I'm fighting as hard as I can to delay/not have a knee replacement. The question, since I'm already rated 30% for the right knee, can I also claim Chronic Pain as a separate rating for the right knee? I'm 20% for the right shoulder with similar problems 3 surgeries but less pain and not taking anything for it. Can I claim chronic pain for that too? Is that two chronic pain claims/rating or one? Man this can be confusing sometimes! Thank for the help.

I am getting ready to submit a claim for Sleep Apnea. I was diagnosed about 9 months ago (retired 14 years ago) and given a CPAP machine. First off, dam, if you even think you have sleep apnea, get tested. The CPAP machine has changed my life (and my wife's). Anyways, I have the sleep study and I have a DBQ completed by a pulmonologist who wrote - "Service records are not available to me to review; however, it is as likely as not that he had Obstructive Sleep Apnea while listed as Active Duty". I also have a Buddy letter from my wife explaining how I never used to snore until after an incident where I suffered a head, shoulder and knee injury. I'm currently rated 30% for that knee, 10% for Post Concussive Syndrome, 10% tinnitus, 30% heart condition, 10% neck and 20% right shoulder. I'm waiting results of my back claim (was originally denied then upon appeal was determined the VA made an error. I just completed a C&P exam for that). I also have a C&P in 2 weeks for migraines and General medicine - Gulf War. Question is, 1) Should I wait for results of the back, migraine, and Gulf war issues or go ahead and submit the Sleep Apnea claim now? 2) Besides what I listed above, any recommendations on what I should add? 3) Should I submit a claim for obesity first, secondary to the knee, back, neck and shoulder conditions to strengthen the secondary for Sleep Apnea? 4) Originally, I was going to claim Sleep Apnea secondary to the TBI and Tinnitus, but with the pulmonologist stating I am as likely as not have had it in service, should I claim it as primary? 5) In the same claim can I say it is either primary service connected or secondary. Or do I have to pick just one? Thanks!

Question about an upcoming C&P exam. I submitted a claim for migraines secondary to Tinnitus (10%), Cervical Spine (10%) and Post Concussive Syndrome (10%). I have headaches almost constantly and migraines where I just need to lay down in my room for several hours or until the next day about 3 time a month. Along with a DBQ completed by my primary care physician, I submitted "buddy letters" to include from my boss who talks about how I miss time from work so often due to migraines. My question is, when I look at my appointment, I see the DBQ for headaches (to include migraines) but there is also a DBQ General Medicine - Gulf War. What is the Gulf War DBQ for? Is this a good thing? What do I need to know about this before going into the exam? Thanks!