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Second Class Petty Officers
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About nanaeris

  • Rank
    E-4 Petty Officer 3rd Class

Previous Fields

  • Service Connected Disability
  • Branch of Service
    Air Force

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  1. The last exams were quite a while ago. The VA would have my records from 2009-2017. The reason the BVA judge requested a new exam, was because the Waco regional office only asked the examiners to only evaluated weather Osgood schlatters disease would cause my foot problem. My knees are rated for traumatic osteoarthritis, chondomalaica, limitation of motion. I have had one major surgery and three arthroscopic surgery on my knees. I have sent these documents to the VA. What I am thinking, since they have these records the decision will be made without a C&P Exam. What I am trying to figure out if this is good or bad. Any insight would be very helpful. Thank you very much nanaeris.
  2. I got a letter from the VA yesterday stating they could not get some records from the VA in Los Angeles. They stated they had records from 1996-2009 and if I thought they had enough information to make a decision on my appeal. I got records dated after 2009 that I am going to send to the VA. My question is, the BVA judge stated in her remanded orders that I should have a C&P exam to determine if my bilateral feet disability is secondary to my service-connected bilateral knee disability. I have sent all my medical records stating exactly what my knees disabilities are. I have had 2 C&P exams in the past, but the Waco RO only asked the doctors wheatear Osgood Shaltters Disease caused my feet disabilities. I pointed out to the judge when I had my hearing that my knees were rated for Osteoarthritis, chondomalacia,, limitation of motion and etc., that is why she ordered the new C&P exam. On the letter from the VA, it states they will make a decision in 30 days with the medical evidence they have. What I am wondering is it correct to make a decision without the C&P exam that the judge ordered? Do anyone have an idea how these decisions without a C&P exam turn out? I don't know if I should demand the C&P exam or not. If this is denied and go back to the BVA, it like starting all over. Any advise will be highly appreciated. This has been going on since 2017 Thank everyone very much and keep up the fight!
  3. I called the VA 1-800 number and the lady stated my BVA remanded claim was e-mailed back to the reviewer for clarification. On the BVA remand, it stated I should have a bilateral knee C&P that includes all the things wrong with my knees. I had claim my feet disabilities as secondary to my service connected knee disabilities. The VA had sent me to two C&P exams and had instructed the C&P examiner to see if my Osgood Schlatters disease was causing my feet problems. My knees are service connected for Traumatic Osteoarthritis with limited extension along with Osgood Schaltters disease and chondamalacia. Am I reading this right that a decision is being made without a C&P exam? I did send information from my medical files which stated exactly what is wrong with my knees, which included X-rays, MRIs and doctor diagnosis. The two prior C&P exams did state the diagnosis for feet disabilities. Do any one think I am going to get a decision without a C&P exam? Thanks everybody, NaNaEris
  4. This is from the remand from my BVA decision. Am I reading this right? In the underline section, is the BVA stating the VA did not pay me the whole retro when they increase my bilateral knee disabilities from 20% to 30%? Left and right knee disabilities: The Board observes that the Veterans also perfected an appeal as to his service-connected left and right knee. The July 2008 rating decision continued the 20% rating assigned to each knee. The Veteran filed an October 2008 notice of disagreement and a statement of the case was issued in June 2009. The Veteran perfected his appeal in July 2009. Thereafter, a January 2012 rating decision granted 30 % rating for each knee, effective November 24, 2009. Although the RO stated that this decision represented a complete grant of benefits sought on appeal, the Board observes that higher evaluation are possible under the rating Criteria. . See 38 C. F. R. & 4.71a, DCs 5010-5261. In addition, the grant of the 30% rating does not cover the full period that was on appeal. On the part a higher evaluation are possible under rating criteria, is the board stating the VA should have rated my knee higher? What is the normal time for a RO to complete a remand?Thanks again everybody, nanaeris
  5. I just received a remand decision from BVA. It basically stated the Waco Regional office sent me to a C&P examination to determine if my bialateral service connection knee disability was causing my bialateral foot pain. The people in Waco only stated for the Doctor to evaluate whether osgood schlatter disease was causing my foot problem. In the 2008 C&P exam the doctor said no. I filed a NOD and they send me for a second exam in 2012 with the same critera. My bilateral knees are service connected for osgood schlatter disease, status post debridement degenerative joint disease and a history of chondromalacia. Even though I told them this in the NOD they still told the doctor to evaluate osgood schlatters only in the 2012 C&P exam. I had asked for a increase rating for my bilateral knee disability in 2008 which was denied. I filed a NOD and in 2012 was granted an increase from 20% to 30% per knee. The Board stated that a higher evaluation are possible under the rating criteria 38 C.F.R. & 4.71a, DCs 5010-5261. The Board also stated the grant of the 30% rating does not cover the full period that was on appeal. I like to know am I reading this correctly that the VA should have rated my knees at a higher percentage? Also the VA did not pay me for the full period that was on appeal. Is the Board finding binding on the Regional Office? I went to the National Insitute of Health web site and found a study called the the prevalence of foot pain and foot pain laterality in people with knee osteoarthritis, and its impact on health and function. Do you think this will help my claim of foot pain as secondary to service connect bilateral knee disability? Any input will be highly appreciated. Thank You, nanaeris
  6. Berta I did not have any permermant heart damage, It just took me quite a long time to recover. Like I thought, I should have been given 0% service connection but paid for the time I was in ill. I am service-connected for hearing loss at 0%. Is there a difference. If the VA hadn't taken such a long time to schedule me for a C&P exam after the myocarditis they would have probably would have came to a different conclusion. As for the osgood schlatter disease, as I pointed out, Not one decision I have received addressed the presumption of soundness or aggravation. But to say MEB boards have no provative value really got to me. AS soon as I get the denial letter I will scan them. Thanks again, nanaeris
  7. I got a call from VARO Waco telling me my CUE claim for acute myocarditis in the presumptive period was denied. Their reasoning was although I was hospitalized during the presumptive period which would have risen to 10%. When I had a C&P exam about 6 to 8 months latter, my heart was back to normal with no residual effects. I argued I should have been given 0% service-connection and paid for the time I was incapicated. My claim for an earlier effectived date for osgood schlatters disease was also denied. Although the rater in the initial decision stated he did not have enough information to make the decision whether my pre-existing osgood schlatters was permermant aggraviated by military service the two MEB reports are not binding on the VA when it come to making a decision. Although the VA C&P examiner stated I had residual or old osgood schlatters, it did not affect me. In all the decisions not one rater address the presumption of soundness or presumption of aggrivation. I asked the person on the phone what evidence was used when I was granted service-connection for osgood schlatters disease in 2001, naturally I got the run around. In suggestion on how to handle this. Thank you, nana
  8. I filed a CUE claim for myocarditis within the presumptive period and a claim for an earlier effective date for osgood schlatters disease on 11 Feb. 13. The claim was moving along find. I uploaded the 5103 waiver review through eBenefits on 9 July 13. The claims just disappeared. I could not get any information from the VARO Waco about my claim. They kept stating I did not have a claim. I did a congressional inquiry in September 13 and Waco responded they found my claim but called it a heart murmur. I responded that I did not have a claim for a heart murmur. I informed the congressman about the lie they wrote him. I learned my claims was cancelled on 12 September 13 without an explaination. The congressman did a second inquiry in November 13 and I haven't heard from his office. I was on the VBA facebook page and wrote about my cancelled claims in January 14. I was suprised when I got a response and the person actually looked into the situation and responded that my claim had been pulled and a manager had actually assigned someone to work the claim and I should be receiving a phone call from Waco to explain what is happening with my claim and to let him know when I receive the call. He stated he did not know if I would receive just information or a decision. I don't know if when I informed the congression about the lie and decption they responded to him or something else made the people in Waco do their job. When I was in southern california, I went through the same thing with the LA Regional Office and when they called they informed me my claim was approved. Have anyone else went through something like this and what to expect? NaNaEris
  9. After I did a congressional inquiry, that when I got the e-mail from the Service center manager stating they had found my claim and sent the congressman a letter stating I had a CUE claim for a heart murmur. I wrote them and stated the claim was for myocarditis and aggravation for osgood schlatters and if the claim had been located why it wasn't back on eBenefits. They told me because the document had to be sent off to be scanned into VBMS. Has anyone ever sent an e-mail to these Field Operations offices that are suppose to oversee these VARO and got a response back? This is getting to be a headache dealing with WACO. I have had 3 denials from them and won all by going to congress to get Waco to just look at the evidence. I am right back to my congressman and explain in details I need exact answers and not some broad and general statement about what is going on. I am not going to give up on this even if I have to drive the 800 miles to Waco from El Paso. It just amazie me what the VA is allowed to get away with even when dealing with congress. nanaeris.
  10. I filed a CUE claim for myocarditis in the presumptive period which was denied in 1976 and I also filed an earlier effective date claim for osgood schlatter disease permanment aggravitated by service, which was also denied in 1976. Carla helped me with the CUE claim and others on this site helped me with the earlier effectived date claim. In July I received a 5103 waiver review that I uploaded thru eBenefits. The claim then just disappeared. The only thing I got on eBenefits was open claim information was not available at this time. The person on the 1-800 number stated I did not have an open claim but an appeal. The Iris response stated I did not have a claim but an appeal. The person that responded from the Waco Regional stated my appeal was in VACOL database and my 5103 waiver and CUE claim was in their MAP-D database as evidence for the appeal. I contacted my congressman, and the VA wrote his and said they found my CUE claim for a heart murmur. I wrote them the CUE claim was for myocarditis. They still refuse to put my claim on eBenefits or make it available for the 1-800 people. I know these two claim would include a lot of retro pay, do you think this is the reason Waco is trying to jerk me around with this CUE for a heart murmur which I did have while in the military? I still do not know why they remove the claim from eBenefits and the 1-800 number. This claim is now a 270 days old. When I uploaded the 5103 I let the people at Waco know the myocarditis was well within the presumptive period and I sent 2 MEB reports which clearly stated my knees was permermant aggraviated by military service. Any thoughts or ideas on how to handle something like this. Thank you, nanaeris
  11. I had put in a CUE claim (myocarditis) and a earlier effective date claim (bilateral knee disability) 11 Feb. 2013. The claim had went through the review phase, gathering evidence phase. I got the 5103 waiver review in the mail and uploaded it through ebenefits. I sent a IRIS inquire to make sure the Waco, Tx regional received office received it. I got a response stating Waco had received it. All of a sudden ebenefits under claim status stated open claim status is not available at this time. After a few days, I called 1-800 number and the person stated I do not have a open claim but an appeal. I know about the appeal, but this has nothing to do with the CUE and the earlier effective date claim. I received a e-mail from Waco stating I did not have a open claim. After going back and forth the individual amitted they had received the 5103 waiver review. So I asked do they normanilly send 5103's for appeal. I did not get a answer. I asked about the 2 MED boards I sent in with the claim no answer. I asks what evidence he had for the appeal he stated the 5103 and a CUE claim. I asked who has the authority to delete claims from VBMS, no answer. I sent a copy of the claims I had submitted on 11 Feb. 2013, no reply. I figured the claims were ready to rate, and since the earlier effective date claim was back to 1974, and with help from this web sight, I think I had a pretty good claim. Can anyone tell me how to handle something like this, is this is something you complain to the IG to force Waco to respond. I have the two letters I received from Waco stating they were working these claim, I don't know if the information could be retrive from e-benefits, that is why I wanted to know who had the authority to delete information from these databases. If the information has not been deleted from the databases it would not be had to retrive it. I was thinking this was done because I had two good claims. I need to know who do I go to get answers, evidendily I am not going to get it from Waco. any advice would be helpful. Thanks everybody agin, nanaeris.
  12. I check my claim status again, my open claim is not in appeal. It just says open claim status is not available at this time. The 1-800 person made a mistake, the appeal is for somethink else. Why he could not see my open claim on his system is beyond me. Can someone why ebenefits states open claim status is not available. This has been the status since I uploaded the third party waiver review. In information would be helpful. Thank you, nanaeris
  13. I went to ebenefits to check the status of my claim after I uploaded 5103 waiver review. It stated open claim information was not available. About a week later, I checked again and it stated the same thing. I called the 1-800 number the person stated I did not have a open claim but an appeal. I filed the claim 11 February 2013, it had made it to the gathering evidence stage on 1 July 2013 when I uploaded the 5103 waiver review and after that it went straight to appeal without a decision. Is this correct or has the people at the Waco, TX regional office made another mistake and how do I correct this. The claims were a Earlier effective date, and CUE for a heart problem. I hope this does not stop the progress because the claims were moving fast. Any advice would be helpful. Thank you, nanaeris
  14. yes other evidence was in my SMR, patella tendonitis, chondromalacia, removing fluid from knee, twisting knee. I am rated now at 30% each knee for osgood schlatters disease, chondromalacia, and osteoarthritis. I did not know at the time that a torn meniscus repair got a seperate rating, I guess that why the DRO stated it did not happen in the military without a explaination. I injuried that knee, had swelling, had fluid removed and had a profile change. I think this would be enough to make this service connected. I am getting ready to have surgery on my other knee for the same thing. I think this has something to with the osteoarthritis which I am already service-connected for. On using 3.156c, do I just state I am requesting a earlier effective date, or do I need to go into detail why? No the VA did not rate me in 1974, just denied me. The Air Force had rated me at 20% on the two MEB boards. There is no mention of any of this or any other thing from my service medical records. The only thing the decision stated was my induction physical was normal and he/she did not have enough information to make a determination whether osgood schlatters disease was aggravated by military service. On the heart condition, there was no mention of the heart murmur discovered in military, the reported joint swelling, dizzinesses, all of this is in my service medical records.
  15. Berta, No my SMR were not listed as evidence. In my service medical records were 2 MEB reports stating my condition was permanment aggravated by military service. There were several Profile changes form my knees, several orthropedic reports. The only thing the VA mention was my induction physical was normal but the Air Force doctors stated I had a pre-existing condition. I was in the military 2 1/2 years before osgood schlatters disease was discovered. How the Air Force determined it was pre-existing I don't know. Because this condition usually affect people while they are still growing. From the time I entered the Air Force until the condition was discovered I had grown 2 inches. I was also treated for Chondromalacia, Patella Tendonitis, twisted knee, swollen knees, getting fluid drawan of knee. Before I was granted service connection I had to have a torn menicus repaired. On the decision the DRO stated the torn meniscus wasn't service-connected because my SMR did not show it happen in the military. The DRO made the decision without a medical opinion. The doctor that did the C&P exam stated all my knee disabilities was related to military service. Would this be something else to challenge. I did not know the VA let its people make that kind of decision without a medical opinion. Thanks everybody again. Nanaeris
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