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qwiksting

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Everything posted by qwiksting

  1. Notice the POA on this timeline: Details about your BVA Appeal received on 01/29/2010 Local VA Office of Jurisdiction: St. Petersburg, FL Power of Attorney: L - None Current Progress: Decision & Claims File Dispatch Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it. Timeline of Your Appeal Date of Progress Progress Progress Office 08/29/2008 Local VA Office Decision RO 12/09/2008 Notice of Disagreement (NOD) RO 02/18/2009 Appeal Pending BVA 09/18/2009 Statement of the Case (SOC) RO 10/14/2009 Substantive Appeal (Form 9) RO 01/22/2010 Certification of Appeal RO 01/29/2010 Received by BVA BVA 01/29/2010 Administrative Case Processing BVA 02/03/2010 With VSO BVA 04/26/2010 With VSO BVA 08/20/2010 With VSO BVA 06/01/2011 With VSO BVA 04/26/2012 With VSO BVA 04/27/2012 With VSO BVA 04/27/2012 With VLJ BVA 04/27/2012 With VLJ BVA 06/18/2012 With VLJ BVA 06/22/2012 With VLJ BVA 06/29/2012 With VLJ BVA 07/10/2012 With VLJ BVA 07/11/2012 With VLJ BVA 07/12/2012 With VLJ BVA 07/18/2012 Pending Dispatch BVA 07/18/2012 Decision & Claims File Dispatch BVA 07/20/2012 Decision & Claims File Dispatch BVA 12/31/2012 Supplemental Statement(s) of the Case (SSOC) RO 01/03/2013 Decision & Claims File Dispatch BVA Show Fewer Items What Have We Received at BVA Date Received Item Received 04/18/2012 Correspondence Received 04/19/2012 Correspondence Received 04/24/2012 Correspondence Received 04/27/2012 Correspondence Received 05/01/2012 Correspondence Received 05/03/2012 Correspondence Received 05/14/2012 Correspondence Received 05/22/2012 Correspondence Received If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs. Notice 12-31-12...Does this mean they sent me a SSOC on that day?
  2. Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before? So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra. Has anyone had this happen, and what was the outcome, Favorable or unfavorable.
  3. I just checked Ebenny and it says my appeal is with the vlj now. That was fast. It went from stage 2 admin inproccessing to the VLJ in like 3 hours. Still no SSOC from anyone.
  4. Thanks Carlie, just find it odd that a remanded claim goes back to BVA without a SSOC that supposedly was sent to me. I get everything else from VA.
  5. What exactly is an SSOC, what does contain? I am very concerned that I did not receive this prior to appeal going back to BVA. What opportunity did I miss?
  6. Just got a call from AMC, and was told that an SSOC was sent out, but never returned back. I call BS!!!!! I have been calling the AMC frequently to get status on my appeal, and nothing was ever mentioned about an SSOC being sent to me. Only that a rater was looking at my appeal!! The lady also said she saw nothing on her screen that indicated a SSOC was ever sent to me. Can O" Worms here. She told me that she would get with a supervisor there and find out what was going on, even though it was sent back to BVA 12-31-12, (without my rebuttal to SSOC,if it was needed). It appears that this appeal is going to get even more f'ed up because I have no idea as to what was on the SSOC or if there were anything else needed to resolve my appeal. It looks like my only hope is that someone at BVA will look through the evidence on record and make a correct fair decision. What normally does a SSOC have on it?
  7. no, nothing different there. it won't make my percentage go up, I just want the issue on record and sc'ed
  8. My original claim was 6/08, denied,appealed,got to the bva 1/10. It sat with the DAV till I had to revoke poa from them and with 2 months I was in front of VLJ 07/12. Remanded to AMC...sent back to BVA 1/13. Good luck. I have not recieved the SSOC yet...as it was just sent to bva on 12/31/12. this is what Ebenefits says now.
  9. Date of Progress Progress Progress Office 08/29/2008 Local VA Office Decision RO 12/09/2008 Notice of Disagreement (NOD) RO 02/18/2009 Appeal Pending BVA 09/18/2009 Statement of the Case (SOC) RO 10/14/2009 Substantive Appeal (Form 9) RO 01/22/2010 Certification of Appeal RO 01/29/2010 Received by BVA BVA 01/29/2010 Administrative Case Processing BVA 02/03/2010 With VSO BVA 04/26/2010 With VSO BVA 08/20/2010 With VSO BVA 06/01/2011 With VSO BVA 04/26/2012 With VSO BVA 04/27/2012 With VSO BVA 04/27/2012 With VLJ BVA 04/27/2012 With VLJ BVA 06/18/2012 With VLJ BVA 06/22/2012 With VLJ BVA 06/29/2012 With VLJ BVA 07/10/2012 With VLJ BVA 07/11/2012 With VLJ BVA 07/12/2012 With VLJ BVA 07/18/2012 Pending Dispatch BVA 07/18/2012 Decision & Claims File Dispatch BVA 07/20/2012 Decision & Claims File Dispatch BVA 12/31/2012 Supplemental Statement(s) of the Case (SSOC) RO 01/03/2013 Decision & Claims File Dispatch BVA ok, so I just looked at Ebenefits again and it changed to RED and administration processing. I called the AMC and was told that my claim was closed on 12/31/12 and it is now at the BVA. I was not given a SSOC.....so what does this mean. My remand said that if my claim continues to get denied that the RO is supposed to supply me with a SSOC and time to respond before it goes back to BVA....any takers????
  10. Thanks for the reply, however, I believe the lady told me on the phone from the amc, that they were awaiting an SSOC. That leads me to believe it was a partial grant or full denial. Bad night last nite. This thing has been going on since i filed in 6/2008.
  11. I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.
  12. Yea, thats what I feel. Although I have been denied before and given the reasoning behind the denial, i wonder if they would give reasoning as to why they decide to grant? Wishful thinking though. Yea, thats what I feel. Although I have been denied before and given the reasoning behind the denial, i wonder if they would give reasoning as to why they decide to grant? Wishful thinking though. I guess it must be heading back to BVA for the final say?? It was remanded to the amc from bva in july, so??? Googled it and came up with some scenarios....Based off of my original claim and what the BVA remanded to the amc: A: Was caused or incurred in service B: was made worse or aggravated by SC ptsd. If either one of these are denied then a SSOC is generated. So, just maybe, the A scenario will be granted and the B scenario was denied, therefore SSOC generated. So, maybe a partial grant could be in order?
  13. What does this mean as far as...the AMC goes. I called today and was told that my case was closed a descision was made, and that they were waiting for SSOC. I asked if it meant suplemental statement of the case and was told no, not on this end. The lady was really nice and told me she would call me back later to try and find someone there to help her dig deeper into my case/files/descision and call me back, but I am not holding my breath. All I can think of is they denied my claim again...thanks I went to check on ebenefits about my appeal status and it says closed 12/31/12.
  14. Obstructive SA with exacerbation during REM, PLMD. The VA first diagnosed me with SA, issued me a cpap machine: I then went on my own to a private dr, got the sleep study done.
  15. I apologize if this is not the correct place to post this, I am trying to clear my head enough to start a new claim. I know it will take probably 2 years or more, but I would like someone with experience to chime in. I have been Dx'ed for sleep apnea. I have been reading some post (berta,Carlie) about IMO and when to use the IMO. (after the C&P exam is what I am thinking). The C&P examiners report could be presented to the Doctor/IMO along with pertinent medical records from VA, to counter a bad C&P. I have been discharged from the Army since 2005. I presented a claim for ptsd in 2006, and was granted it about 9 months later. I know the VA is backlogged,so being realistic, I understand it will take some time just to get a C&P exam. My question and confusion comes from this being claimed as a secondary condition. I have been told that Gastro conditions (GERD) could be the underlying cause of SA or vice versa. I was never seen on sick call for sleepiness or SA while in the Army. I also have done a little research on my own and understand that some side effects of ptsd medication could exacerbate or aggravate this condition. I have a cpap machine, that I try to us, however, I sometimes take it off in the middle of the night because of bad dreams, and or because of my burning stomach (GERD, esophagitis, This is a claim that is at AMC now) I know there is a form to initiate a claim, however, what should I say it is secondary to? Both conditions? I called the AMC today and was told that my claim,which was remanded there in july was with the Raters now. If anyone knows how long the raters take that would be great. The other side of this claim which I feel doubtful about is, if the AMC denies my GERD claim, SA is also a known cause for GERD. So they are intertwined. I just would like to know which Avenue I should take. I dont have another appointment with the Neuro Doc till March, and that is when I was going to "pop" the question. Could you provide me with an IMO to submit to the VA to support my claim for SA? FWIW, I am not overweight, my BMI is at 23 %. Thanks for any info,comments and guidance.
  16. Hello to all and thanks for the ones who have helped me with advice from the past..(Hoppy). I am in need of some more "bought" advice from the old timers and anyone who has been down this road. This is the situation. I was in the National Guard until 2006 when I was "administratively given a 15 yr letter for retirement". I was granted 70% PTSD in 2006. I was working at a state job before I was deployed, and when I returned I assumed my old job. When i was rated 70% for ptsd, I was sent a tdiu form to fill out. I of course didnt want to quit working,( I kinda felt it was helping me get some normalcy) nor was I laid off or fired from work. I have a super boss, who is very understanding. I have been working for this boss since 1993. I have 20 years toward my 30 year retirement for the state of Florida. My boss looks out for me as far as evaluations and what not.Even though It has been increasingly difficult to maintain at work (sleepiness, depression at times panic).Time off away .especially if I am not feeling that good. I recently had to start filling out sick leave because of symptoms of my sc condition. Which I dont mind, I have 1300 hrs or so of sick leave. I have mostly used my annual leave which I cannot exceed 500 hrs a year. Now keep in mind that my leave for sick has to be approved through my boss's supervisor. They have no idea what I am sc'ed for or even that I am sc'ed or any meds I may be on. Sertraline,lorazapam,trazadone,abilify. I am kinda leaning toward just going on and retiring on a medical disability from my job. Partly because it has been increasingly harder to stay awake,focus, and just plain depression. I have to drive quite a lot in the job that I do (company truck). The other part is I dont want to be fired. I have done nothing to justify being fired, however, my risk management department doesn't know what Medications I take, nor the issue with sleep apnea and plmd. All of this together is making a b$cth to go to work, stay alert and focused. Now the medications do make me feel tired, but they do more good than bad if that makes sense. I didnt go to work again today, just pretty much slept, but when i got up, I went to the VA to see my MH doctor. I seen him on monday and he changed up some meds, Put me on ambien and took me off quetiapine. So after I woke up, I went down to the va to see him and try and get a note for missing work. I think you have to have a drs note if you miss more than 3 consecutive days. I didnt have an appt, so I waited till he was done for the day, and thats when he saw me. He took away the ambien, so we'll see how tonite goes....I know this is long but the point I am getting at is, should I consider just retiring medically from my job? Should I go ahead and fill out the papers for tdiu? Also wanted to add that I have a pending claim at the AMC for gastrointestinal problems, I also have been diagnosed with sleep apnea (NSC) and also impotence of organ (NSC). I havent filed any other claims because of the one that has been in the system (gastro issue since 2008) I didnt want to slow that claim down. I have an appointment with the Private nuerologist on Monday (sleep apnea/PLMD). I would like to talk with her about these other problems, and if it is possible they are related to service or SC condition.
  17. Yea, I wish I could gain weight....I am 6 foot 4 and weigh 191lbs...definately not overweight. I have been losing weight because of gerd. I have a case at AMC now..waiting on them. The most I weighed was before I deployed to iraq..215lbs...and now 191. I have googled the meds. Lorazapam causes increase in sleep apnea. I take it for SC ptsd. So it would be like a SC condition making a non SC condition worse. Also Severe GERD, which I am waiting on the AMC to adjucate for SC causes Sleep apnea.
  18. Thanks broncovet. Yea I use it. at least 60% of the time. thats what the Private neurologist stated in her report. I brought in my "card" from the cpap machine on my initial visit with her. She also stated "Ptsd,anxiety and depression were inteferring and contributing with sleep. The findings on my report that were interprested by her were OSA exacerbated in REM and Periodic limb movement disorder. I see her again on Monday, she is a board certified neurologist.
  19. Sorry typo i am 6ft 4in. That is 76in sorry drs notes was flubbed. 23.2 BMI. I am rated 70% ptsd. Thank you for the reply
  20. I had a polysonogram and got my results back. I had an actigraphy done by the Veterans Administration which led me to a private Dr. The VA just issued me a CPAP machine,(october 5) I never saw a Dr., just a technician to explain how to use the machine. So anyway, I thought it might be a good idea to get a real sleep doctor to help me figure out why I feel so tired all the time and why I have a cpap machine to use? I know it sounds backwards, but, its the VA....I just thought maybe it was the meds I am on to help with ptsd. My results from my private Doctor polysomnogram are as follows: I was recorded for 511 minutes and slept for 429 minutes. Sleep latency was 7.5 minutes: with a REM latency of 289 minutes. The sleep efficiency was 93.7%. Sleep architecture was fragmented with 45.5 minutes of stage N1 at 9.6%, 290.5 minutes of stage N2 at 67.7%, 70 minutes stage N3 at 16.3%, 27.3 minutes of REM at 6.4%, 24.5 minutes of wake with 21 minutes of wake after sleep onset. There were a total of 14 apneas (obstructive) and 25 hypopneas, for an Apnea and hypopnea index of 5.5 per hour. Respirtory events were elevated during REM sleep and while supine with an index of 8.7 and 7.9 per hour. The longest event was 33 seconds. Oxygen saturation baseline was 95% with a lowest SaO2 of 91%. Snoring was severe in association with sleep-disorder breathing. There were 333 periodic limb movements with a periodic limb movement arousal index of 5.31 per hour. There were 36 spontaneous arousals with a spontaneous arousal index of 5 per hour. The EKG showed normal sinus rhythm, few ectopic beats with mean heart rate of 66 beats per minute during NREM and 64 beats per minute during REM sleep with a mean wake heart rate of 78 beats per minute. I am an Iraq vet (04-05), PTSD, on meds. Lorazapam, quitiapine,sertraline and trazadone since 06. I am 47 and i smoke. I am 64 inches tall, weigh 191lbs. I am still waiting on a Claim from 2008, its at the AMC, via BVA. I am considering claiming this as secondary to ptsd medication. I am not obese or overweight, however, after researching medications that I am to help me sleep, I am considering filing a claim as secondary to ptsd medication. Any thoughts/advice? I am currently seeing a Board certified neurologist and have an appointment on monday. Will be asking for an IMO.
  21. I can attest about the promptness of the DAV......NOT I have a claim on appeal at the BVA that was filed 2008. It was remanded. Thanks DAV for sitting on it at the BVA since 1-2010
  22. here is amended DBQ Is this a direct service connection? Link to BVA case http://www.va.gov/vetapp12/Files4/1224885.txt
  23. Yes to Carlie, i read it and read it over and over...to find out the reason it was remanded to begin with. My DBQ that my VA pcp filled out had the wrong date of diagnosis and no remarks in the remarks area. I took it back Friday and "insisted to see him" on the advice of Hoppy. He amended the DX of GERD date to reflect 12-28-05 (upper GI series)(my discharge was 3-23-05) and he remarked this: I have reviewed ALL CPRS treatment notes 11-10-2005 to present. I have been Mr. Smiths' primary treating physician since 12-28-2005 to present. I have provided consistent treatment for mr. smiths GERD symptoms from 12-28-2005 to present. There have been no tests or events that would determine that the symptoms described in 2005 are unrelated to the current symptoms of GERD. What does CPRS mean? my case is on the BVA website also.... search "stress induced GERD" I am the first one...St. Petersburgh Florida is VARO
  24. Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?
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