vetinpa

Does any one know??

Can anyone tell me the course and appeal takes, here is why I ask Claim with VSO 11/25 Claim with VLJ 11/29 Claim with VLJ counsel 11/31 to? Claim with VLJ 12/12/11 Anyone know what counsel does? Am I getting close to a decision here, this is an old claim. Thanks

Currently with the VLJ's Council, what ever that means, does anyone know???? Sorry Carlie, I will put the main stuff in here, it is really long. There are two issues, first one is acquired psychiatric disorder, reason for denial... The statements provided by you, private statements from 3 people, I don't want to put their names here, all of these statements address their views of your actions and mental state upon return to the US. There are no statements indicating correspondence or any other communication of your reported incidents during your deployment as they occurred at the time. The VA examination conducted in june 2010 indicates diagnoses of ptsd, ocd and mdd. The examiner stated he believes you were the victim of military sexual trauma that involved an event out of your control. The evidence is compelling, however, a type of evidence wihich is not sufficient is after-the-fact psychiatric analysis. After-the-fact psychiatric analysis refers to cases where an examiner documents the existence of a stressor based on the veterans reported history of the event without credible supporting evidience to verify the veterans report. The reported history, alone, is insufficient to establish a noncombat stressful event occurred. The second issue is gynecological condition to include a hysterectomy. Menstraul conditions are on the presumptive list for persian gulf. They do not a complaint of bleeding in service medical records in May 1991. Reason for denial.... Your service treatment records do not indication a chronic gynecological condition that has been related to subsequent hysterectomy in 2006, some 14 years following your active service. On this one, they acknowledge bleeding issues, but do not connect it. Bleeding was the reason for the hysterectomy. On the presumptive list for gulf war they do not define the menstraul condition, and it also states a huge window to claim conditions. Hope this sheds more light.

Sorry Carlie, I will put the main stuff in here, it is really long. There are two issues, first one is acquired psychiatric disorder, reason for denial... The statements provided by you, private statements from 3 people, I don't want to put their names here, all of these statements address their views of your actions and mental state upon return to the US. There are no statements indicating correspondence or any other communication of your reported incidents during your deployment as they occurred at the time. The VA examination conducted in june 2010 indicates diagnoses of ptsd, ocd and mdd. The examiner stated he believes you were the victim of military sexual trauma that involved an event out of your control. The evidence is compelling, however, a type of evidence wihich is not sufficient is after-the-fact psychiatric analysis. After-the-fact psychiatric analysis refers to cases where an examiner documents the existence of a stressor based on the veterans reported history of the event without credible supporting evidience to verify the veterans report. The reported history, alone, is insufficient to establish a noncombat stressful event occurred. The second issue is gynecological condition to include a hysterectomy. Menstraul conditions are on the presumptive list for persian gulf. They do not a complaint of bleeding in service medical records in May 1991. Reason for denial.... Your service treatment records do not indication a chronic gynecological condition that has been related to subsequent hysterectomy in 2006, some 14 years following your active service. On this one, they acknowledge bleeding issues, but do not connect it. Bleeding was the reason for the hysterectomy. On the presumptive list for gulf war they do not define the menstraul condition, and it also states a huge window to claim conditions. Hope this sheds more light.

So if they do end up sending back to the same ro and that ro denies you again, can you appeal again? I have va doctors putting there oppinion in that it is service connected and has been for a long time and this ro will not approve the claim. Guess I will have to wait and see, I have to say it is moving through the BVA process pretty quickly, it has only been there since 10/11/11 and it was with the VLJ, now it back tracked back to VSO, it has a 2008 docket number and they are working on 2009, so it should not take long. hopefully.

Thanks J, What do you mean? if the bva sends it back to the RO for remand, couldn't the RO still deny it? Can you please elaborate? I am not understanding?? I just check ebenefits again, now it says that my case is with my VSO, Your case has been received at BVA and is currently with your Veterans Service Organization (VSO) representative for purposes of preparing written argument in support of your appeal. If you have questions about your case contact your VSO. Maybe this will help right?

I got another denial from the local regional office, my stuff is now at the BVA, RO stated that although evidence is compelling, blah, blah, blah, they still denied it. Now it has a 2008 docket number at the BVA, says on ebenefits that it is with a veteran law judge, but the status line folks say it is not? Not sure who is correct there. I was at the VA hospital about two weeks ago, both the physcians I see stated that I should file an unemployability claim, My response is I wanted to see if the BVA gives me a favorable decision. Does the BVA take a different approach to presumptives?

Is this a proposed rule or is it effective already??

I filed two claims before the presumptive list came out, the local office denied both claims, so these issues were never decided, put on the back burner to be sent to the VBA. After the presumptive list came out, one of them was in the claim that the DAV filed on my behalf, however, the local office did not and stated that they did not address the issue. Or the other one that the DAV did not list. Can the VARO be forced to review and issue since it is on the presumptive list, can it be pulled from the BVA list, since it has not left the local office yet anyway?

Yes I have an RO, I will have to call them and see what they can find out for me. Thanks for the answer.

I have two issues that were filed over 5 years ago, they were denied, I did the letter notice of disagreement on time. I have since had a different claim decided about one month ago by local office, it was approved, however these two claims from 5 years ago is still laying in limbo. The items in these old claims have been put on a persian gulf presumptive list. Since they are now on the presumptive list, do they have to go through the appeals process or can the local regional office make a reverse decision on the claim, if so, how does one go about it? or does it have to go through the VBA? When I call to discuss them, they have the excuse of the recently decided claim as the hold up, however, these two were 3-4 years old and should have been to the BVA well before this recently decided claim was even filed. What are my options to get these two claims moving, they even said in my recent granted claim that they were not addressing these two issues in the decision. These two claims are still at the local regional office. Thanks

Thank you for the advice, I would not say that I am nervous, just tring to get some information. So when one files for the TDIU, you should file for social security disability at the same time?

Thanks I will look into filing the NOD to make it permanent. Also, see above, I meant to post my post that says how they worded it here.

This is how they worded it: Fibromyalgia, with fatigue and sleep disturbance, and gastroesophageal reflux disorder, claimed as muscle and joint pain, stomach issues, persian gulf illness. They gave me 40% on this. I have a seperate claim that was filed two years before this one for menstrual disorder, I ended up with a hysterectomy before age 40, history in military records, this is a presumptive for persian gulf. Waiting on it to get certified to go to the VBA. Any thoughts on any of this? I have an appt this thursday, hopefully I can get these meds straight, I am having a hell of a time sleeping, I am up every two hours, makes it hell for work the next day, I am having a hard time in the afternoon, moody, tired, falling asleep at my computer. Not real sure how long I can keep this up. Any advice would be helpful.

Hey, thanks for the reply, I had the hysterectomy out of service, but the heavy bleeding, fibroids, had an ovarian cyst drained a few times. I had 5 fibroids the size of oranges, they removed my uterus, appendix and the fibroids, so I guess mine would be a partial hysterectomy, they had to cut me hip to hip because they were too big to do with any other type of surgery. 35 is young for a hysterectomy. As mentioned below, I had issues with heavy bleeding, sometimes months at a time that is documented in my military records. I can make the connection but not sure if the VA will. If you run across anything else, I would appreciate. again thanks for the reply. I am looking as well. Thanks for the information on the loss of reproductive organ, I guess that would be something to pursue if they grant the claim.

Does anyone have any information on what is meant by menstrual disorders listed as a presumptive injury with persian gulf veterans. The reason I ask is that I was recently awarded my persian gulf claim but for only a few items listed. They did not address the menstrual issue listed. However, I have a second claim that dates back a few years prior to my gulf war claim for the menstraul long before it became a presumptive injury. It was denied and is on appeal at the BVA, but again this is before the presumptive injury came out and it is on the list. In my case, I have a history in my military record of menstrual issues that started after the gulf, eventually leading into a full hysterectomy at age 35. Since it is now on the presumptive, what is my chance of the BVA granting it? Does any one know where there is information on the menstrual issues that is more specific. It is simply listed with no real definition. Does that mean any documented menstrual issue?

thinking you are probably right.

I know what you mean, I am paying off some small bills, getting rid of them. They told me today that the amount is in the system, just waiting on the finance people to hit the button.

For some reason I can access any of that on ebenefits, I have full access to myhealthevet and did an update under DOD, can link through there but can not access anything. Got my brown envelope today. I have a call in to the authorization lady to get full access.

Got my brown envelope today, waiting on the back pay now, what is the normal waiting period on this, the letter gave no indication except that when regular monthly would be. My back pay is back to Jan 09, is it days, weeks?

They don't really give me a diagnosis on the skin, it is wide spread though and continues to spread even today, very bad in the heat. they list it under sorisis (sp) but it is not sorisis, they have called it telangistasis, but there is surface and under the surface issues if that makes sense. They say they could lazor it out but it would come back, go figure. So not real sure what it is, I have had it since I come out in 92, they say to avoid the sun, cover my skin, which it is all over both arms, chest and some face and neck. I have learned to live with it but people do look at me strange. I know they wonder what the heck it is. Needless to say, no strappy dresses here. Got my brown envelope today, of course they said that this increase is not permanent, so they will do a future reveiw, I don't see how they expect it to get better, the fibromyalgia has been getting worse and worse and what has caused me to seek treatment. I guess I will just have to keep the documentation on treatment and continue to treat as needed. They don't live me my daily pain and fatigue.

Award letter is on the way, I am physically ill, I am so natious right now. I finally won and I am so sick, how can this be?

Just got this messege from IRIS Thank you for your inquiry to the Department of Veterans Affairs (VA) dated March 2, 2011. Our records indicate your claim was completed on March 3, 2011. A letter of notification was mailed to your address on the same date. The letter should arrive soon. VA policy does not allow us to provide you with specific information as to the outcome of your claim until you receive written notification. Please find our contact information below, should you have questions once your letter arrives.

congrats, can you tell me how long the period was from when you VSO told you about your decision and the VA actually finalized? I am trying to go through your dates here but having a hard time. I will be visiting your past posts soon here as I want to read on your journey. I have a brown envelope coming on another issue, still nothing. DAV notice on 2/3, va says it went into authorization on 2/17, big date difference, playing the waiting game, mine is in pittsburgh pa.

Now how long will it take you to get the big brown envelope?