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ShrekTheTank

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  1. The VA would have to prove your condition has improved. This is very hard to do. I have never heard of them bothering with poeple who are 100% P&T. Also you get the 5-10-15-20 year rules that come into play that make it even harder for the VA to reduce anything. Unless they can prove Fraud of somekind.
  2. I just wrote about how chronic sinus infections affected me on a daily basis. They want to hear your own words. They need to understand how bad it is. They are not looking for a specific thing, more of how and what it does to you. Also tell them how long it has been going on.
  3. I would file for it. You can fill out a Lay Statement, and guide them to this. I would not try to tell them how to connect it. Now you can mention in your Lay Statement that in the pact act it is a presumtive(This is how I got connected). They could do it secondary to something else, and they will make that change if they find another way to link it. I have seen it go both ways. Give them all the facts and try to guide it, but don't be supprised if they change it on you.
  4. This is total BS. I filed for mine 10 years after I left service. Follow what Bronco said above!
  5. I think it is just a catch all for issues and then they spread them out to the closest related issue. I know I filed and they sent it back as not service connected. They gave me most of the issues related to it, but I don't think there is a real just rating for this.
  6. IMO it does not matter. I would put in for it and then see what comes back from the VA. As the advice above, do not try to lead them too much as you don't want to covelude the issues. I would for sure come here and ask what to do next. For me the VA gave me 2 or 3 of my conditions at 30% and denied the others. I think they want you to feel like you did the good fight and got something and you will give up. I came back here and got tons of advice and I am now at 100% P&T and my appeal is looking at SMC-S, so I am so glad I did not give up when the VA rep told me to be happy with what I got and not rock the boat. I shake the hell out of it now!
  7. I am sure you can have it increased, but the bigger question is why when you at 100% P&T? Would this make it so you could get SMC? I just think you need to know if it is worth the fight. If it is then go for it, but if it does nothing else then IMO it wastes a bunch of time an resources.
  8. Veterans can get a DVT VA rating and benefits (woodslawyers.com) Read the entire article. Above is the first thing I would look at for a proper DVT rating. Which catagory do you best fit into? Are you work? Is this condition making other things you have worse? Now if you feel your raiting should be higher and you are not working see the link below VA Individual Unemployability If You Can’t Work | Veterans Affairs If I am reading this correctly, you are not being rated correctly.
  9. So no matter if the VA closes it on their end, the Veteran still has that year to file the appeal. They just have to file. As for the foot question, it all depends on the service connected disability. If one is conneceted and the other is not, then the veteran needs to work to get them connected. As far as surgery is concerned, there are times it can make it worse. Thus resulting in a higher raiting if the veteran claims it. It would be based on how the VA rates said disability and if they are service connected or not (Secondary count also). For the last question, you would not get rated for something without a diagnosis. You must see a doctor and you would need to have a diagnosis. Now you can claim said condition and they will send you to a doctor to see if you have said condtion. Then you have to hit the clausal elements to make sure they service connect it. If you do not have medical evidence from when you were in, you can use Lay statements and buddy statements to show you had them in service. Or if you have a service connected condition that aggrivates your feet.
  10. Va.gov should be able to do this for you. I would leave it open until you know the change had been made and is going to the correct account.
  11. The VA has a duty to assist. I would let them decide if it secondary to something or not. If you have sleep apnea then you have it. Mine is secondary to PTSD and I think that would fall in line with your anxiety disorder. When I did my Lay statement I told about how my Sleep Apnea affected my serivce connected PTSD. There is also a lot of documentation about it in medical articles. Or if you feel it is secondary to anything thing else, sometimes you have to guide the VA and let the medical evidence show it. I would say file and keep appealing if you feel you should be service connected for it.
  12. When I was in the service I had an accident in a self propelled howitzer. It was a training exercise and I had my left rib cage with all of the cartilage torn. This caused my biggest and worst hernia. I have since had two more Hernia surgeries. My question is should I file for this? I am rated at 0% for the first one they fixed.
  13. yes they do and I really hope they lay it out so I can get the win. This claim is from 2013, so much fun. LOL
  14. Thanks Bronco, This is very good information and good to remember as it has been years since I have been here. I do need to decide if they will represent me at the BVA as this could be a large win if it happened.
  15. Thanks for the support. I just got down cause they sent like a 5 page reasoning of why they denied me. I almost gave up.
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