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Dave

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Everything posted by Dave

  1. No, I have not received a 1099 C. My student loans were fully discharged as a 100% disabled Veteran. I was just wondering of a student loan discharge for a disabled Veteran was taxable as forgiven debt.
  2. Greetings all. Has anyone had a student loan discharged for having a 100% P&T disability and then receive a tax form 1099 C for repayment for a forgiven debt? Is so, who sent it to you? Thank you!
  3. There was no EMG, either by the VA or my doctor. All the VA did was take a toothpick, break it told me to close my eyes and tell them if the pain was dull or sharp. My doctor gave me a complete medical examination, reviewed my medical records, reviewed the C&P exam and noted my condition required medication to control - and stated that all in a letter and concluded by stating that my PN caused moderate incomplete paralysis -- as indicated by his medical examination. My doctor did much more than what was included in the VA exam. I feel I have much stronger evidence as the burning in my hands and feet are only slightly relieved by medication. My complaint is the failure of the VA to get the letter to the rater and causing even further delay in the rating decision. But that is water under the bridge. Lets see if the VA now gives me a fair rating.
  4. Thanks Berta, My service rep found the letter with the Triage team who admitted they failed to get it to the rater. They mentioned something about being "short staffed" during November. My rep drafted a reconsideration letter because he said the evidence was still within 30 days of the rating. He told me to hand in there despite their error. The letter is strong as the doctor clearly stated the effects of the PN. It just frustrates me that the VA failed to forward the letter to the rating board as I was told and asrequired. As far as a NOD, I have until this December to file that -- I hope I won't have to. Thanks to all for your help.
  5. My service officer is checking with the rating supervior over this. I know they didn't look at the 2nd doctor's letter. I provided two doctor's letter's within 2 months. They referenced the first but did not reference the one in which the doctor stated my condition. Under the heading "EVIDENCE" , the first letter listed, 2nd letter not. In "Reasons for Decision" , again the first doctor's report I submitted is referenced, the 2nd not. It is either 1 of 2 things: the letter never made it in front of the rater OR the rater ignored it. I have the green postal form stamped delivered a full month before the rating on the 2nd letter. I also have an IRIS response that said the letter would be provided to the rater as well. The letter was so critical, I wanted to make sure they got it. Also, if the VA had relevant medical evidence like my physician's letter and did not consider it, is it a CUE? I believe that if this letter was considered, a reasonable rater would have made the rating compensatable. Thanks for your help! Dave
  6. I just received my rating letter and the VA service connected my peripheral neuropathy (upper and lower) but both at 0 %. I provided a letter (sent certified and received) from my doctor that stated within the letter that my PN was moderate incomplete paralysis, but the rating decision says it is not even mild. However, the rating DOES NOT list the letter from my doctor as evidence used and does not reference it in their decision. I fully believe the rater never saw it, but they had it over a month before the rating. What should I do? A NOD for DRO review and state the rater did not consider medical evidence? This really frustrates me that they did not consider the medical evidence my doctor provided and now will further delay my disability claim. Please help. Dave
  7. Thanks Pete and Terry, The nurse was very nice, but the exam was quick. I thought they would do an EMG and I thought I was going to see a doctor. Anyway, at very least, my doctor says I have PN and it was caused by diabetes. So, I think VA will have to connect it secondary to diabetes. I saw where PN is usually rated complete or incomplete as mild, moderate and severe. I think PN is rated as complete (70 dominent or 60), incomplete severe (50/40), moderate (40/30), mild (20/20). I would think mine warrants between moderate and mild for upper and lower hands and feet. Again, I was just expecting a doctor and the EMG. The nurse, again, was very very nice. Now, I'll just wait and coninue taking my medication. Dave
  8. Thanks all. I guess the best I can expect is a service connected zero percent for PN in the hands and feet.
  9. Well I had my PN "test" by the VA. I kid you not, it entirely consisted of the nurse (not a doctor) taking a Q-Tip and breaking it and poked my hands and feet and told me to close my eyes and say "sharp" or "dull". No EMG test, no test to measure blood flow differences between the upper and lower body -- no, just a broken Q-Tip test -- unreal. Dave
  10. Thanks for the advice. My private diabetic doctor also wrote that my PN in my hands and feet was caused by my service connected diabetes. I provided that statement to the VA. Should that at least service connect the PN as secondary to DM II, but probably at 0 percent? How is PN rated? Thanks Dave
  11. I am serviced connected for diabetes and filed a new claim for peripheral neuropathy (PN) secondary to diabetes (burning feet and hands). The VA is sending me, according to the VCAA letter, for a C&P Exam for Neurologic Peripheral Nerves and Endocrine Diabetes Mellitus at the local VA hospital. Does anyone know how the VA tests for peripheral neuropathy? Thank you Dave
  12. Conecuh, Thanks for the advice. Unfortunately, I already have PN in both feet and prescribed medication for it. I was waiting for VA to service connect the DM II before filing the PN claim, plus I had filed the DM II claim before the diagnosis of PN. I have been on the Neuropathy medication for about 3 months, but my feet still burn and tingle. I told the C&P doctor I had PN and taking medication -- and even put it on the QTC notes, but that doctor didn't even put that in his report. The PN and medication was also listed in a letter I sent to the VA during my pending VA claim on DM II, but they glossed over that. I am going to get another note from my diabetes doctor referencing the PN. By the way, I am from Alabama originally and was born in Evergreen, AL. Thanks again for your advice.
  13. VA rated me 20% for diabetes. My doctor wrote a great and true letter for me. Also, thanks also to you Berta for your advice. Now I can continue to fight my diabetes and not worry about the rating anymore. Dave
  14. The Jackson Regional Office rated my claims at 0% after I retired. That is zero percent. When I moved recently to different state and filed a NOD, I was awarded 90% and based on the SAME evidence I had given the Jackson, MS RO. 0 to 90%!!! I believe now I was a victim to the Jackson illegal ratings practice. Dave
  15. Berta, What a great reply. I feel sorry for what you and your husbamd went through. May God bless you and thank you again for your response. Dave
  16. To start, I am not a Vietnam Vet (so no Agent Orange presumption) and I was diagnosed with diabetes II outside of the 1 year window after retirement (27 months). I do have two high blood glucose readings -- 135 mg/dl from a fasting lab conducted by the VA for a Benefits Delivered at Discharge C&P during my last month of service. I only found out about these results 20 months after from a FOIA request. I have one other fasting reading of 115 from the military doctors a few months before the VA and the military doctor wrote "patient counseled on high blood glucose reading". My current diabetic doctor reviewed my military records and wrote "based on my review of the veteran's service records to include high fasting glucose readings, there is "no doubt" that his diabetes started in service." Now that I have a current DM II diagnosis, a record of 2 high readings during my last year of service and plus the doctors statement for nexus -- would this claim now be granted? I have a VSO helping me and I believe my doctors letter will help me establish direct service connection for DM II. Thoughts? Thanks Dave
  17. Thanks Berta, I believe my condition falls unter Title 38 for skin conditions and I believe I should now receive 60% rating and believe it should be related back to date of discharge. I don't know why though the doctor "switced" the diagnosis from dermatitis to eczema? I think they are nearly the same thing or subsets of each other. I hope it doesn't matter for the ratings. 7806 Dermatitis or eczema. More than 40 percent of the entire body or more than 40 60 percent of exposed areas affected, or; constant or near- constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period..................................................... 20 to 40 percent of the entire body or 20 to 40 percent of 30 exposed areas affected, or; systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period................ At least 5 percent, but less than 20 percent, of the entire 10 body, or at least 5 percent, but less than 20 percent, of exposed areas affected, or; intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of less than six weeks during the past 12-month period................................... Less than 5 percent of the entire body or less than 5 0 percent of exposed areas affected, and; no more than topical therapy required during the past 12-month period... Or rate as disfigurement of the head, face, or neck (DC 7800) or scars (DC's 7801, 7802, 7803, 7804, or 7805), depending upon the predominant disability.
  18. I filed a claim for a terrible skin rash I had. On my final physical exam from the military (while i still was on active duty) the military doctor stated I had dermatits over 20% of my body, on my chest and arms and legs. I had a VA exam several months later and the VA doctor said I had dermatis over only 1 percent of my body (he didn't even look at the rash, he didn't even ask me to remove my shirt -- that was August 2005). In Jan 2006, the VA service connected me at 0% for dermititus. I filed a DRO appeal as I knew they greatly underestimated my skin disorder. The VA sent me for a C&P exam in May o7 as part of the DRO appeal. The doctor correctly noted, although I've had extensive treatment, the rash was over 90% of my body. He also wrote, VA diagnosis of dermatitis is changed to eczema. Should now the 0% rating be 60% and retro back to my date of discharge? Does it matter that the doctor switched the diagnosis from "dermatitis to "eczema"? I think the CFR rating says "dermatitis or eczemz" so it should not matter. Thank you.
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