Sgt. Wilky

Good Evening! I received word from my VSO the DAY BEFORE THE HEARING that the VA cancelled my hearing. I asked my VSO what happened, and he said that he knew nothing except the narrative was this: "In the rating decision dated June 12, 2018, we proposed to reduce your VA benefits. We have reviewed this proposal and determined that it was in error." I had sent in at least three messages asking for clarification to their vague reasoning and no one ever answered. I had spent hundreds of dollars and countless time and energy on this case. I'm glad they left it alone for now-for no known reason. But I'm thinking of filing for an increase. I have the DBQs from my neuro and rheumatologist and several established diagnoses. Thank you all! Sgt. Wilky

I don't believe it's merely an oversight. The VA is using this "rule" to screw over thousands of us. Keeping us in a constant state of anxiety. To medicare and SSDI patients have to go through this constant scrutiny (I really don't know).

Thank you for your responses! I have been doing a tremendous amount of homework. I plan to cover as much possible with the DRO. I have rep, through my state VSO, but they have no interest in me winning or losing. Most of them don't know what the hell they're doing (not that I DO). I plan to appeal the DRO decision. I know they're going to go based off the their sham NP 10 minute C & P exam. I'll appeal it immediately. I'm also going to check into getting better representation. I'll file my "intent to file" on Thursday the 7th. I was perfectly fat and happy at 80%, but now that the VA forced me to find answers, they'll going to be sorry, because the conditions that I have, can clearly be linked to in-service events. I'll be at 150% within the next 3 three years. Sgt. Wilky

38 CFR 3.105 (d) completely undoes the 10 year rule. When you read into it, there really is no 10 year rule. This (38 CFR 3.105 (d) ) opens the door wide for the VA to do anything it wants with your claim regardless of 38 CFR 3.957, by claiming that a "change in a VA rule" allows them to take away the 10 year protections. It flat doesn't exist. This is what they've done to me. My rating has been in effect since July of 2008. They write me a letter, claiming a rule change, without telling me what rule was changed, and now I'm facing a DRO hearing. It's a sham.

Good Morning, I have a DRO hearing next Wednesday the 6th at the Denver VA for a proposed service severance of three conditions granted by the BVA in 2015, with the original claim being from 2008. I do plan to present the 10 year rule and see if the DRO will admit to this rule and see what they say. Also, my neurologist and Rheumatologist have been tremendous helps over the last couple years. My Rheumatologist filled out two different DBQs for me, and my NP Neurologist did a great job with with the medical record documentation. My question is, the three conditions up for severance are for "left lower extremity pain, right lower extremity pain, and upper and lower back back pain", 3 separate 10% ratings. However, because of this hearing, and the ensuing search for answers, I've since been diagnosed with Psoriatic Arthritis, Overlap Syndrome, inflammatory arthritis, crystalline arthritis, and Reynaud's syndrome. I'm on 7 different daily meds, 2 supplements, and 2 once-a-week meds (Enbrel [a biologic] and methotrexate). I'm wondering if I should not wait, and instead go ahead and file for these conditions, or should I wait to see where the chips fall, and then wait to file for an increase? I'm currently at 80% combined for several things. But would these new diagnoses blow up my claims file? I'm wondering if I could be at over 100%? I wasn't looking for it, but the VA may have shot themselves in the foot trying to nail me. Sgt. Wilky

You're right about that!

What Buck52 said. I can't imagine though, that you could renounce your citizenship and expect to get the benefits of having served the nation for whom you swore to defend all enemies from. Doesn't make sense.

From where? This post needs more info. But I didn't have her and I was in Denver. Sgt. Wilky

I've done that too.

That's a good idea GeekySquid...

I used this detail in my NOD too. How can one really ascertain a proper diagnosis with a 15 minute exam against hours of private care notes and charts? My BVA judge was inclined to give me the benefit of the doubt (as if there was any to begin with).

I've never had a C&P exam that I believed came anywhere remotely close to being fair. I'm 100% convinced they exist in order to insert discouragement and doubt into the veteran, but don't give up. I don't think submitting a statement would hurt and I don't believe it will help. This abuse happens consistently in the VA. Do you have private medical records or treatment records? Do you know what DBQ they used? I'd print one off, and ask your doctor to fill it out. You may have to pay them for their time but getting a medical nexus statement is what helped my case; that, and appealing based off insufficient C&P examinations. Be prepared for a long fight, and always be gathering evidence. Do you have a rep of any kind helping you? They should be helping you win your case. If not, try to get one; yes, a lot of them suck, but they're better than nothing. You might be able to win a CUE based off the fact that you had it at a facility where you work. That would at least buy you some time... Don't give up, no matter what. Sgt. Wilky

I was an artillery man, SRBs were available, my MOS was presumptive, and they still denied me. Of course I appealed straight to a DRO hearing and won 0% for hearing and 10% for the tinnitus. I now have hearing aids to combat the tinnitus. You gotta fight The Man. Sgt. Wilky

"...There is no evidence in the scientific medical literature of such connection." What a load of crap. There is plenty of evidence! You need to get a letter (a nexus statement) from a certified doctor linking your right shoulder to the left's conditions. This doctor is a certifiable quack and should have his licenses revoked, but the VA loves doctors like this guy. Do some research on favoring limbs over the other due to surgery and its affects. There is plenty of literature. PT specialists deal with this stuff ALL THE TIME! You can even use medical journal articles to disprove this snake. Let's face it. There is no "disease" that links problems like was stated in a the letter. But we're not talking linking a "disease" we're talking about favored and therefore, more strained use to one shoulder over that of the injured one. Very clever of this "doctor" to phrase it in the way that he did. Fight this. Get your VSO to help you. Get your doctor or surgeon or someone who knows your medical record to refute this garbage. Semper Fi, Sgt. Wilky

I see the bilateral factor as 1.9%...but I could be wrong. But if not, that's only 90%...Therefore, you would need a 40% rating or higher in order to get to 100% according to this link: https://www.hillandponton.com/va-disability-calculator/

So when you go to the audiologist and you say it started 20-25 years ago, but you've been out for 22 years, the VA will say that there is a 60% likelihood it WAS NOT service connected because the 3 year gap before you went in you got tinnitus. If you know there was an in-service event that caused it, THAT's what caused it, and it falls within the time of your military service. Don't give the VA a reason to deny you. Also, if you have a presumptive MOS (an MOS where they presume you have tinnitus from that occupation) you still need to be prepared for a denial. Because they just want you to go away. Also, (do) you have to sleep with a fan on or some sort of white noise effect? When it comes to real bad tinnitus, there is nothing more deafening than silence. You can't hear your wife or kids or girlfriend; can you hear your boyfriend (I'm not being a smart aleck- I don't know your gender)? When they speak (do) you have to sort through the pitches and (does) it take you a second to sort through what was said and (do) you have to reorganize it. Maybe despite hearing what people say, (do) you have to ask people to repeat themselves because of the distraction of the noises in your head. I was in artillery and they still denied be despite the presumptive MOS. But after a quick CUE, it was granted. Good Luck!

If the authorization was received on 28 March, the retro pay will most likely be deposited within the next couple weeks. Retro, in my experience, doesn't wait for the typical 1st of the month carnival. Sgt. Wilky

During my appeal, my VSO and I referenced a couple articles from some their (the VA) website and the judge took it "under advisement". In the end, he approved my claims so whether it helped or not, I don't know. But I would follow Broncovet's advice. At least wait until your appeal hearing before doing something like that. Sgt. Wilky

I can't help you answer the specifics...but it seems to me they clearly are looking for a reason-any reason to deny you. I believe there is a ton of precedence that you can use to your advantage, and I'd recommend that if you don't have anyone helping with your claim, you get some assistance in that area. Second, I'd begin to research BVA court decisions with this particular issue that your claiming as the key word search and start reading through those for clues to help with your appeals. Third, learn to be patient and exercise it considerably. You will have a long wait in front of you, so make the best use of your time by continue to gather evidence (i.e. examples of how your claimed issue is affecting your, and your family's life, work, exercise, and pleasure), and don't give up. I waited for over 7 years for my appeal. It was favorable, and the back-pay was worth the wait. Don't give up. The VA wants you to give up. The long they made me wait, the more determined I became to stick it out. Sgt. Wilky

It is very difficult...I researched and wrote the letter for my doctor and I frustrated him to the point where he just signed it. It was all true, and he was willing to say it with his mouth, but not with his hand...I told him, what are you afraid of? The chances are extremely slim that anyone would question his opinion, and that's all it is, his opinion against their's. It's frustrating. Good luck.

Promulgation is the formal proclamation or declaration that a new statutory or administrative law is enacted after its final approval. Promulgate means to put into action or force. Basically, it's to make it offical. Sgt. Wilky

Sounds a lot better than the typical C & P examination. Good luck with your claim. Sgt. Wilky

Exactly what Broncovet said. I live in Northern Colorado and initially, my claim was handled by the circus in Denver. Then, the circus in North Dakota(?) I believe handled some of it, and now the circus in Phoenix has it. Your claim gets fed to the queue at seemingly random entry points. Good luck with your claim(s).

Good Afternoon, I was mailed a letter last May(ish) from the VA telling me they were going to remove service connection for three separate 10% rated conditions related to "undiagnosed illnessess" being I was an Iraq War veteran. that was granted by the BVA judge back in 2015. I immediately began scheduling appointments with a Neurologist who was very helpful and then my blood numbers came back, and she referred me to a Rheumatologist. After several consults and further blood work, my ANA numbers are way up and she firmly believes that I have Lupus (1 in 10 sufferers are males). Upon searching this website, in regards to lupus, there is not a lot that can be found out about it, so I'm wondering if anyone here has had any experience with DBQ forms and such. We're still in the process of documenting the findings and symptoms, and she (the Rheumatologist) used to work for the VHA in Maryland. My conundrum is, I haven't heard from the VA regarding my appeal of the removal of service connection. I curious as to whether they dropped it or not. But then, if they do proceed, this will be new and material evidence on my behalf, and I'm wondering would this fall under the appeal, or would my "undiagnosed illness" now be diagnosed, and a new claim opened, and the removal of the others move forward? Sgt. Wilky