smilen66

I'm trying to stay afloat. Thanks

Advice needed.

After denial of my claim for back, hip and shoulder in August 2009, I requested a copy of my c-file and filed for reconsideration for my back and hip based on new evidence. I added two additional (documented in smr) conditions (knees & feet). I finally received my c-file this week. I have 2 concerns about the contents of it. 1. I submitted an IMO and xray results for my thoracic back as new evidence for the reconsideration of my claim. They were mailed and receipted by U.S. Postal service on the same day same envelope. The xray results were included in my c-file however, the IMO was not. I contacted my VSO and he stated he will forward another copy and I will of course, send another one to the RO also. The point, I'm trying very hard to make, is the importance of checking your c-file. I worry about if sending it again because I'm not sure if the IMO will it be considered or even make it into my c-file. 2. My second concern is about a note found in my c-file.I am confused about the note contents and I'm not sure if it was suppose to be in my file. I will type pertinent parts of it. Name: Date: Station: User: Man's name is on note Note Type: Develop Note Associate to claim: Reopened Compensation (date) Note suspense Date: (blank) Satisfies periodic notification requirement: False????? STR Review 1. bilateral knees: Tabbed 2. Flat Feet: Tabbed 3. Degenerative joint disease thoracolumbar spine: Reconsider within one year 4. Degenerative changes left hip: Reconsider within one year 5. Degenerative changes right hip: Reconsider within one year According to VSCM-21-05-07 (couldn't locate to lookup), I only VCAA'd for new conditions and not the reconsideration conditions. ________________________________________________End of note_________________________ What does all this mean? Thank you in advance for all comments that will help me understand what's happening.

Oops my fault! I meant to say 3 months.

I requested my file on Aug. 25, 2009 and I received them this week. So approx. 3 weeks.

After denial of my claim for back, hip and shoulder in August 2009, I requested a copy of my c-file and filed for reconsideration for my back and hip based on new evidence. I added two additional (documented in smr) conditions (knees & feet). I finally received my c-file this week. I have 2 concerns about the contents of it. 1. I submitted an IMO and xray results for my thoracic back as new evidence for the reconsideration of my claim. They were mailed and receipted by U.S. Postal service on the same day same envelope. The xray results were included in my c-file however, the IMO was not. I contacted my VSO and he stated he will forward another copy and I will of course, send another one to the RO also. The point, I'm trying very hard to make, is the importance of checking your c-file. I worry about if sending it again because I'm not sure if the IMO will it be considered or even make it into my c-file. 2. My second concern is about a note found in my c-file.I am confused about the note contents and I'm not sure if it was suppose to be in my file. I will type pertinent parts of it. Name: Date: Station: User: Man's name is on note Note Type: Develop Note Associate to claim: Reopened Compensation (date) Note suspense Date: (blank) Satisfies periodic notification requirement: False????? STR Review 1. bilateral knees: Tabbed 2. Flat Feet: Tabbed 3. Degenerative joint disease thoracolumbar spine: Reconsider within one year 4. Degenerative changes left hip: Reconsider within one year 5. Degenerative changes right hip: Reconsider within one year According to VSCM-21-05-07 (couldn't locate to lookup), I only VCAA'd for new conditions and not the reconsideration conditions. ________________________________________________End of note_________________________ What does all this mean? Thank you in advance for all comments that will help me understand what's happening.

I am very interested in this post. I was stationed at Ft. McClellan around the time frame of Nov. 1980 through Jan. or Feb. 1981. I find this post interesting because I was diagnosed with an enlarged thyroid gland which was removed in 1983 (while in service). I am not taking any medication since the removal however, this was not a condition that anyone in my family had. I'm now wondering if some of the required exercises/drills while in chemical school later caused a problem with my thyroid gland. Just curious...

Thank you both! I've spent several hours on this project but that's going to be it. Wouldn't want to do anything illegal. Thanks for the information and the heads-up!

My neighbor's daughter asked me to make a copy of her Mom's memorial service and I'm unable to so far. I though it would be as easy as making a copy of CD... but not. Please help. Thanks

prvet, I have very similar problems with my cervical, thoracic and lumbar spine. My condition is not caused by diabetes but by an injury incurred while in service. Attached is a chart that helped me understand my spinal condition. I do not take any medications for the nerve pain I experience but I have been prescribed a couple medications (lyrica and gaba (sp)). I am afraid to take them. From what I've been told if the pain gets severe enough I will put my fears aside. Anyways, just wanted to let you know you are not alone. Hang, in there! www.chiro.cc/health_page.php?page=vsc_chart

Here you go: DECISION ASSESSMENT DOCUMENT O. G. C. << Precedent>> 12-95 (5/10/95) HELD: (1) With respect to final agency of original jurisdiction (AOJ) decisions rendered on or after July 21, 1992, an AOJ's failure to consider records which were in VA's possession at the time of the decision, although not actually in the record before the AOJ, may constitute clear and unmistakable error, if such failure affected the outcome of the claim. (2) With respect to final AOJ decisions rendered prior to July 21, 1992, an AOJ's failure to consider evidence which was in VA's possession at the time of the decision, although not actually in the record before the AOJ, may not provide a basis for a finding of clear and unmistakable error. The effective date of a reopened claim in this type of case will generally be the date the reopened claim was filed, as provided by 38 U.S.C. § 5110(a). ANALYSIS: The General Counsel began the analysis in this opinion by noting that a clear and unmistakable error must be based on the record and the law that existed at the time of the prior agency of original jurisdiction (AOJ) decision and must affect the outcome of the claim. Specifically, a claim that an AOJ committed clear and unmistakable error in failing to consider pertinent evidence must be based upon evidence which was in the record before the AOJ at the time of the prior decision. Russell v. Principi, 3 Vet. App. 310, 314 (1992); Caffrey v. Brown, 6 Vet. App. 383 (1994). In Bell v Derwinski, 2 Vet. App. 611 (1992), which was decided on July 21, 1992, the Court of Veterans Appeals created the constructive notice rule. That is, that medical records which are in VA's possession at the time VA adjudicators render a decision on a claim will be considered in the record at the time of the decision, regardless of whether the medical records were actually before the adjudicator at the time of the decision. Accordingly, as to final decisions made on or after July 21, 1992, evidence which was in VA's possession at the time the AOJ decision was made will be deemed to have been in the record before the AOJ at the time of that decision. The General Counsel found that if the outcome of the case is altered by the records, a later claim may result in a finding of clear and unmistakable error. However, the General Counsel pointed out that the rule announced in Bell may not be applied retroactively to establish clear and unmistakable error in decisions which were final prior to the Bell decision. In reaching this conclusion, the General Counsel cited Damrel v. Brown, 6 Vet. App. 242 (1992), which dealt with an allegation of clear and unmistakable error in a case dealing with constructive notice of insurance records. In Damrel, the Court found that the constructive notice rule first announced in Bell was not applicable to decisions which became final prior to July 21, 1992, the date of issuance of the Bell opinion. As for the effective date of a reopened claim in which the original claim was finally denied prior to July 21, 1992, the General Counsel found that the effective date should be the date of the reopened claim. [Note that the General Counsel cautioned that "such records may themselves constitute informal claims, which can have implications for the effective date of resulting awards. 38 C.F.R. § 3.157."] The opinion referred to VAOPGCPREC 10-94 which concluded that a judicial << precedent>> opinion does not constitute a liberalizing "law or administrative issuance" within the meaning of 38 U.S.C. § 5110(g) and 38 C.F.R. § 3.114. NOTE: Regarding effective dates, see VA General Counsel << Precedent>> Opinions 9-94 and 10-94 for information relating to the effect of new judicial << precedents>> on "pending" and "final" claims. RECOMMENDATION: M21-1, Part VI, par. 2.16, relating to clear and unmistakable error, should be amended to reflect that a decision maker may find clear and unmistakable error in decisions which became final after July 21, 1992, based upon constructive notice of medical records. [This is the date of Bell v. Derwinski, 2 Vet. App. 611 (1992), which instituted the constructive notice rule.] If the decision was final before July 21, 1992, there would be no clear and unmistakable error based on the constructive notice rule.

Thanks everyone for clearing up my confusion! All comments were greatly appreciated! Now I understand, both letters (IMO & Nexus) use basically the same language and components. My podiatrist has viewed my service medical records and believes it is related to the supposedly sprains I had in service. He actually thinks I tore a ligament and there is a lesion...I think I'm on right track with this explanation. Anyway, he ordered a MRI last Thursday and I receive a call on Friday saying the results were in. On tomorrow he will discuss the results with me. Berta: Can anyone request a health grade and how much does it cost? Thanks again for sharing! Wings: Thanks for the link and additional information. Mike: Thanks for your comments and good luck to you, also. Pete: Thanks for your support.

Thanks Darkhorse. I wasn't aware my request would be considered coaching. I reread forum rules but couldn't locate the rule pertaining to coaching. Thanks, again.

Thanks, KW! I've seen this letter before however, I thought it was an IMO. Is there a difference between an IMO and a nexus? Since, my stroke I get a little confused and anxious when I attempt something new. Okay,now my podiatrist has 2 examples he can follow...the one you are sharing and the IMO written by my Orthopedic doctor. I'm straight now (I think). Again, thanks so very much!

Hello to all, My private Podiatrist is willing to write a nexus statement/letter for my ankle. I've searched hadit and I am unable to locate a sample letter. I used the sample provided here for an IMO for another condition but I need the sample nexus letter for Tuesday's appointment. The Dr. that wrote the IMO appreciated the sample and of course she put her own spin to it. If anyone can help me with a draft, outline, or sample nexus letter I would greatly appreciate it. Thanks

You are welcome and good luck! My prayers are with you!

I started this post, but will bow out respectfully. My questions were answered.

You didn't crash my post...I was just thanking Allan.

Thanks Allan! This case will be very helpful to me. It inspires and motivates me to keep going forward! Thanks Again!

In Aug. 2009 my claim for my back (thoracic and other conditions) was denied. One of the comments made in the rating decision write-up was "You complained about your back but you had a cold". They ignored the fact I was taken by ambulance (documented in smr) to the emergency room for right side thoracic back pain a couple months before the visit they were referring to. Each time, I complained (approx. 8 x while in service) about my back it was always my right thoracic side of my back and most of the time, I did have a cold. I couldn't help I had a cold. Even at the tender age of 24 I knew how to nurse a cold without going to the emergency room! At the ripe age of 53, I never go to see my Dr. for one condition. I gave POA to a VSO and he sent my paper work back to the VARO for a reconsideration. Included in the new evidence was a radiology report stating the following: Two views of the thoracic spine: Multilevel significant degenerative change including ventral oriented osteophytes is seen within the thoracic spine. Multilevel degenerative disc disease. Most significant degenerative disc disease at the T11-12 disc. Two views of the lumbar spine: There is extensive facet degenerative change within the lower lumbar spine and lumbosacral junction, right greater than left. Bilateral hip degenerative change. Enthesopathic changes within the pelvis.Extensive vascular calcifications are seen within the aorta and its side branches. Several small calcifications overlying the left hemiabdomen and the left renal shadow. My question is, was there a connection between the colds,bronchitis, dyspnea (sp) and the thoracic and lumbar spine? 2. I received a diagnosis for arthragia for my knees, hip and lower back while in service doesn't that count for something. I've spent a lot of time researching the above on the internet and I'm not getting anywhere. I'm looking for scholarly research to help support my claim. I now need the help of hadit members. Please...any help I receive will be greatly appreciated. Thanks

How many mg's are you taking? Do you think you think it's too much for you? I'm about 145 lbs and I am taking 20 mg but my son was recently prescribed the same med (10 mg) and he weighs over 200 lbs. To tell the truth, I didn't know I was depressed until I stopped taking it. I was in denial about the depression. My anxiety level was off the chart while off of it. Driving and anxiety don't mix.

Hi NavyDoc, I take celexa (20 mg) and I experience the same side effects. I ran out in July and decided not to take it anymore. Long story short, I started taking it again in Sept. because I felt sad most of the time (off of it), tearful, out of it and extremely anxious. I take mine at night, also. When I first started taking it , I took it in the morning...not good. I take 6 pills at night and 11 (some are vitamins) in the morning. Since, I don't work, I take a nap most days.

Thanks Eric! My DSL modem hooks directly into my computer. My software firewall is probably the issue.I think it has something to do with my son downloading pictures from the smartphone?. Any suggestions based on the above information will be appreciated. Thanks

I wish you well and please check-in from time to time.

I downloaded Firefox today. It seems faster and it has lot's of choices that can be downloaded. I think I'll try to fix it, since I know a firewall might be the problem.I think I just need to disarm it for a couple of minutes. Can't keep track of the kid, he's in and out. Checks his email then gone again. Thanks