bufloguy

Did you submit a Nexs letter with the claim? They would deny if you can't connect the current injury with the in service incident.

Buffalo VARO isn't ready to participate in the program yet. I need to got to the VAMC today, so I'll check with them and see if they know what's going on.

I stopped by the Buffalo VARO, and was told that they weren't ready for the Ebenefits L2, and to come back in a month.

Quint, I hope I get this guy when I have my hearing in Buffalo, I've heard good things from others. Good luck!

Level 1 acces dosen't do much for me, guess I'll have to go to the VARO to get level 2 access.

Thanks for all the advise. I've got the request typed up on a 21-4138, I've included Dr Bashe's IME and some lay statements. Hope the VA reads this time. I do have a Vet Rep, who said to me that it's too hard to fight a PTSD denial, so he filed a claim of depression & anxiety without telling me, which I just found out to day. So I think I'll hand deliver the recon my self. Thanks again for the help.

Berta, Which format is best for the Request for Reconsideration and NOD. Is the 21-4138 recommended or just a plain white piece of paper? And do I have to resubmit all my evidence, or will the Dr Bash letter suffice?

I got out in '91 but for some reason, I am no longer in DEERS. Will have to call their toll free number to find out what went wrong.

Bertha, Thanks for your comments and questons. Was the Language of the letter ok? I'm not a very good writer. 1. Also -can you refer them to specific medical evidence and attach copies of it for all points you have made? Good point, I can do that. 2. Do you have any buddy statements from family members , employer, or any doctor to verify the numbing of your hands? I guess I can get some, I have an EMG that is positive. 3. PTSD claim- no C & P? I don't know what to say here on that without more info as to why they denied the PTSD claim. Claim was based on a serious car accident that happened 20 years ago. Claim was well documented, but rater blew the claim off. At the time the rater acknoldged my nexus from my pdoc, acknowledged the accident happened, but would not acknowledge that I could still be suffering from PTSD. 4. If Dr. Bash supported the rest of your claim-make sure they have copy of the IMO. Dr Bash supports the claim, stated that I should be 30 for neck, and 20 for each hand. 5. He does not do PTSD claims but his opinion should be considered on the rest of the claim. He was able to do the PTSD as he claims it is secondary to my 70% TBI which occured the same accident. He provided a few great citations, and and with his training he can connect the dots. So I have a nexus from him & my pdoc. 6. Did they have his IMO but they ignored it when they made the decision? No they didn't. I decided to hire the big guns after beig refused. Thanks for everything!

Not to sure how to wrtieup the request for reconsideration, any assistance would be greatly appreciated. May 5, 2010 IM A Vet My Town USA CSS: 000000000 Dear Sir/Madame; I ask that the VA to reconsider the decision of November 12, 2009 for the below conditions. If my request for reconsideration does not properly resolve my claim issues, please consider this as a formal Notice of Disagreement. 1. Cervical condition rated at 20%. -I feel that I should have been rated 30% for this condition due to frequent occipital headaches and the extreme pain that radiates into my shoulders and arms. 2. Right C7 radiculopathy rated at 0%. - I feel that I should have been rated 20% for this condition due to the frequency of my hands becoming numb after only sitting or driving for 20 minutes. Furthermore I have lost hand strength. 3. Left C7 radiculopathy rated at 0%. - I feel that I should have been rated 20% for this condition due to the frequency of my hands becoming numb after only sitting or driving for 20 minutes. Furthermore I have lost hand strength. 4. Denial of Post Traumatic Stress Disorder. - There are several issues with the denial: 1. The claim was well grounded and plausible, but the rater failed to consider all the evidence presented. Furthermore, the rating authority failed to explain why they did not consider the evidence of record in the file which was favorable to my claim. Case law from (10-12-90) establishes in Gilbert v. Derwinski VetApp. 49 (1990) that the VA is mandated to explain its reasons or bases to the veteran its factual finding and its conclusion why the veteran was not entitled 2. I was not afforded a Compensation & Pension exam as stated in 38 USC 5103 - Sec. 5103A. Duty to assist claimants; (1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit under a law administered by the Secretary. (2) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim. Attached is a letter from Craig N. Bash M.D. which provides strong evidence for a favorable decision in this matter. Respectfully, I'm A Vet

Congrats!

Welcome abaord Scythis! I'm in a similar situation, I see my Tdoc (therapist) weekly and see my Pdoc (psychiatrist) whenever I need medication. The system works fine for me, even when I run out a med, and cant get in to see my pdoc. The new pdoc usually just looks at my records, asks how I'm doing, and gives me my refills.

Which VAMC is it coming from?

dsgsr, I had my car accident in '89 was pretty bad, smashed my head on the windshield as well. I managed to get service connected as the accident was recorded in my SMR's. I also was given a nueropsych exam, and was diagnosed with a TBI. I was able to get my PCP to write a good NEXUS letter based on the above. Good luck should you decide to file a claim.

Unless you are getting a tracheostomy (A tracheostomy is a surgically created opening in the neck leading directly to the trachea (the breathing tube). It is maintained open with a hollow tube called a tracheostomy tube.) You will most likely stay at 50%

Scanning the needed documents may work, best setting is greyscale.

Welcome to Hadit!

Thank you all for your advice and comments. I'm feeling a lot more confident about my chances for a succsuffuly ask for a reconsideration. I've requested my "C" file over a month ago, so I should have it soon. Thanks again!

John, Is it a basic legal principal, or is there a regulation or case law that I can cite? The reason I ask is that I am putting together a request for reconsideration and I want to point out all they positive evidence that they failed to discuss. Thanks!

Love MyHealtheVet, great for prescriptions. See a lot of potential for the site, and really can't see any drawbacks.

I think I've done my due diligence in looking for an answer to this . . . Does the VA have a duty to discuss all evidence in a denial of benefits letter. The reason I ask is that in a recent denial letter, the RO touched on a few points in clinicians notes, but failed to discuss most of the evidence presented, which would have proven my case. I'm starting the NOD, and I am looking for any way to ding the RO. Thanks!

Here is a similar case. . . http://www4.va.gov/vetapp07/files1/0700083.txt The veteran's service-connected PTSD contributed to his fatal lung cancer in that it played a material causal role in his use of tobacco products after service. The veteran's use of tobacco products caused the disease that is directly linked to the veteran's demise.

I guess the question I should have asked is sould I have gotten mor for the radiculopathy as my hands go numb after sitting for short periods of time? Also would the occipital headaches be considered secondary to the neck disibility. Thanks!

I had recently filed a claim for neck disability with pain radiating to shoulders, head and upper arms. Both my hands become numb after sitting for short periods of time. I also suffer from occipital headaches (cervicogenic) approx 15 x a month, that can only be helped by a chiropractor. I was awarded cervical spine spondylosis and extruded disk at C6-C7 DX 5237 at 20% I was also awarded left & right C 7 radiculopathy DX 8510 both at 0%. Shoulder pain was ignored in the decision, and the headaches were not mentioned. Does ths sound right, or does it sound like I was lo-balled? Thanks!

My stressor was a serious MVA while on active duty: Here is my history: - In 1989, while on active duty I was involved in a car accident where I received a moderate to severe TBI. In the vehicle with me were two adults and a 4 year old child. The child’s injuries were acute, and she was placed in a body cast. I have amnesia; I do not remember the accident, nor the 3 day hospital stay. -Prior to the accident I was considered on excellent airman, was even selected as Airman of the Quarter. All of my reviews were outstanding. I was planning on a 20 year career. -Post accident I started drinking heavily, I was counseled several times for poor work performance, and received a sub-par review. I was given several reprimands for drinking and fighting, was placed on restriction and was even made to attend alcohol rehab counseling. I did not re-enlist, and left the service approximately 1 year after the accident. -I was unemployed for a while, but when I did manage to work, I was usually disciplined for fighting or showing up to work drunk. I couldn’t hold down a steady job. The majority of the 90’s and early 2000’s are a blur, and I really don’t remember much about that time period. -I quit drinking in 2002 due to my daughter being born. Instead of clarity, I found that I was even more combative, and my dreams and nightmares of the accident worsened. Twelve years later, in the majority of my dreams I was still in the military, and even though I do not remember the car accident, my dreams skirted around the accident, as if the past 12 years had never happened. -In 2005, a rock flew through my son’s window, almost striking him. I had to pull over as I was having flash backs to the 89 accident. I was in such bad shape; I couldn’t drive for several days. After this, I was extremely combative, on edge, driving took a lot of energy and was extremely stressful. My night mares of the 89 accident were 2 to 3 times a week. -In 2007, I was driving with my family, when a minivan in front of us was t-boned, and the occupants were trapped in the vehicle. We were forced to watch the extraction, and witness the people being placed on stretchers and placed in ambulances. Around this time I became severely depressed and lost interest in everything. In 2008, my wife forced me to see a VA doc for depression. Not only was I diagnosed with depression I was diagnosed with PTSD, I always thought PTSD occurred during wartime. But I was givin a series of tests, and was determined to have PTSD.