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Alb

Second Class Petty Officers
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Everything posted by Alb

  1. took me eight years to get VA, soical sercurity--all the way to alj and denined . started a new claim with soical security . Hope for better chance second time around. Did not have the proper paper work the first go around. Took me over One year to get my C&P for PTSD form the VA, not in time before the alj. Received it after hearing.
  2. The board of veterans appeals remanded the case to the St Pertersburg RO Oct 26 2007. I guess the RO made the decision post the remand.
  3. Docket number 05-13-054 St petersburg Fl PTSD sexual trauma granted jan 27 2004 rating decision sept 25 2008
  4. How can I search my appeal that was approved? I have the docket number, but it does not bring up my appeal, it is someone else completely. Is there a way you can look up appeal results by veteran name or social security number?
  5. Upon a substantive Appeal I received in the mail today a "Supplemental" statement of the case which is an update to the (SOC) statement of the case. The DRO has granted two increases from 20% to 40% lumbar strain with degenerative disc disease and 20% to 30% cervical strain with degenerative disc disease. This was after they already made a rating decision. Someone went back and looked over my file and my C&P and corrected it to the proper percentage of disability. They even contacted the social security department to see if I was disabled from my back or neck. With this award, I am entitled to compensation based on housebound under special monthly compensation. (rated at 100% scedular) I did not even have to apply for this benifit, they went ahead and granted it to me. They wanted to know if I wanted to appeal this decision. Does any one know how much housebound pays? They also said that since there is the possibilty of improvement, this evaluation is not considered permanent and is subject to a future review examination. People keep up the fight and never stop, when you know your right!
  6. My husband was denied tinnitus because the va said he had absence of evidence showing a link between his current tinnitus and military service. They said he had no medical records that showed in service treatments or complaints. I thought that tinnitus could take up to years getting worse enough before reporting it to the va? What does he need to state in his notice of disagreement?
  7. Had my ALJ hearing Monday, received in the mail today (Saturday) that the judge determined that is was necessary to obtain evidence from a vocational expert to review the file and answer some written interrogatories about the claim. Does this mean they are looking for a job I can Do? Is this letter good news or bad news that my attorney and I have to fight?
  8. Received a rating at 0% for sinusitis. Just got my copy of the C&P. I should be rated higher. The medical information is in the C&P for a higher rating. Do I file a reconsideration with the medical info highlighted or do a CUE?
  9. Found docket number, now can I look this up just by the number itself. Is there a different web site to use?
  10. where do you find your docket number?
  11. How do you find your docket No. (finding of facks) for a BVA award or denial. Can some one lead me in right the direction to a decision made by the Board Veterans Appeal on my specific case. Do I need my docket No. to find this or service number. I don't know if I am asking the right question?
  12. Can a reconsideration request on a granted award trigger another c&p?
  13. I was recently SC for the same thing. They rated me at Zero Percent, because the examiner did not put down how many episodes of sinus infections per year I had. They also did not give me anything for my facial scar (nose) I don't think they even considered the code (7800-disfigurement) One side of my nostril is bigger and misshaped from the two surgeries they done on me. I think we had the same examiner. She sure seemed that she had everything she need for a complete exam. I too thought the exam went well, then she did not report half the stuff in her examination.
  14. A gionometer was used at the C&P. Measured three times for an over all average. ---- I had an independent IMO done before the VA C&P. I submitted this independent medical information with my claim. The VA then ordered their own examination through a C&P. The VA used the ROM measurements that came from my IMO and not the VA C&P, which would increased my claim.
  15. The VA sent me a letter stating they denied my claim at first after the C&P I them sent in a NOD to the DRO review. It came back awarded at the DRO level with 20% for back and 20% for neck. I still disagree with their award . Can I ask for reconsideration or do I have to appeal? They sent me a statement of the Case where the 38CFR are out lined. The whole point is they did not use the latest Measurements for the ROM, which would of granted me a higher percentage. What should my next step be?
  16. what is a de novo review? So I should do a NOD on the award and request reconsideration for the lower ROM for the higher award under the law of reasonable doubt and 38CFR regulations. Does this get a response faster than doing a formal appeal? So I can skip the appeal process for now by requesting reconsideration?
  17. I was awarded SC Lumbar 20% and cervical 20%. According to the regs with the ROM I should be awarded 40% lumbar and 30% cervical. Should I appeal ?? or can I ask for reconsideration to have them look at the C&P ROM results. They used a earlier IMO which was done BEFORE the C&P. (about 6 weeks earlier) They went ahead and used the IMO instead of the CURRENT C&P. How do I get them to use the latest medical information, which would result in a higher award.
  18. Because if I was awarded like I should have, it would have put at 160% I could use the extra money you get at 100% plus 60%.
  19. I was service connected for sinusitis at 0%. At the C&P I told the doctor about the frequency of sinus infection per year and the need for medication. I also told her about headaches, pressure and tenderness around my sinus areas. Well, in the award letter it stated there was no mention of frequency of sinus infections or headaches, so no percentage greater than 0% was awarded. How do you rebuttal this when clearly the C&P examiner did not mention this in her medical report. Do I wait for a while and file for another increase, an if so how much time should I let go by. Or should I try to get my ENT doctor to write something in my VA medical records to submit, and when should I summit these records? I am really pissed-off that I went through the whole process of the C&P with only to find out the doctor did not even mention in her report what I told her. Where should I go from here?
  20. Alb

    Va Math

    Can someone tell me what 40% plus 30% equals and what 70% plus 40% equals many thanks!!!
  21. My husband went into the military with flat feet noted on his physical examination. They have gotten worse over the years. Can he get compensation or will they say it was congenital birth defect? Also his ankles, knees and back bother him due to his feet.
  22. What does a traditional appeal mean? The VA said they did not get my response back in time as to what kind of hearing I wanted for the appeal, so they said it would be handled by a traditional appeal process. :D
  23. Yes I have. Hated going in front of the judge. Felt like I was going to pass out, I got so nervous. I went in front of the judge for my PTSD claim. It seem it will be a trigger for me no matter what the subject.
  24. Has any one had a BVA hearing were they did not attend and was it a good outcome? I have to decide weather I want a BVA hearing at my local VA office or to have one without appearing. What do members recommend. My appeal is that they used an old ROM testing to give me my percentage award instead of the current C&P they ordered which would give me a greater percentage award. I beleve they should have used the most current testing results or can they use what hell they dam well please?
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