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smilen66
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Posts posted by smilen66
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I had a problem downloading any updates. Had to bypass my wireless router, then it worked fine. Still not sure why.
Eric
I'm not sure I know what you mean "Had to bypass my wireless router". I'm not wireless but DSL.
Thanks
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Good Morning,
I am having difficulty accessing the itunes application store. This was not a problem last week. The only difference from last week , is my son plugged the camera/smartphone to the modem. Since, I wasn't watching him I don't know if he changed any of the settings or they changed automatically. I have a windows/vista (Dell). What could be the problem?
Thanks
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I was unable to send attachments with PM also.
Thanks
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Hey, Rockhound. I've just had a brain fart! You know, the VA purchases these GPS systems for people like us that get easily confused and have trouble finding our way to places. Why would they not purchase a person one of these nice PDA's, for people like you and me that have "memory deficits"?
Has anyone ever heard of such a thing happening?
I've got one (The Wife bought me one as a gift) and I depend upon it and it works. You just have to REMEMBER to enter the data IMMEDIATELY (for example, immediately when your Primary Care Physician tells you to make an appointment in December, to see him in January (which just happened with me) then I WHUP that little puppy out and make the entry...........bingo, on Dec. 15, this baby tells me to "call, make appt with PCP for Jan".............shazzzzzammm!
Heck, it even makes me "look smart" and "with it"!
About 2 weeks ago, I received a touch screen IPod (2nd generation) and a month before I received a digital voice recorder (Olympus) from the V.A.They were given to me through the speech and language dept. for memory issues.
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Recieved IU Today, Thanks to all !!!!!! Jbasser your the Man.....
Way to go!!!
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I was asked by someone to post the letters I have received from the VA these are all the letters I have received since my original claim in 2005. Which I don't know what I'm doing (his wife) and he went to all the meetings when he was outprocessing from the miltiary so I'm going on what he does or doesn't tell me on how to do things. Thank you for any advice or comments they are all appreciated.
Wife of
SSG_RW_Brown
Hi Mrs. Brown,
I'm sorry you and your family are going through rough times. I pray things will get better for you and yours real soon.
I also want you to know your husband's Social Security number was left on the May 22, 2009 document. I wish I could tell you how to fix it but I can't. Maybe, one of the moderators can help. Take Care!
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smilen,
This is no where near a C&UE and even if it were
you are no where near the time to call a C&UE.
C&UE has to be on a final unappealed decision.
Berta may pop in on this thread and mention
you can ask the VA to call a C&UE themselves on a decision,
but what you have is not a C&UE.
samiam,
Welcome to Hadit. You posted,
"I was told that these claim of CUE will be taken up at the Hearing you have before your BVA Appeal (Form 9)."
A claim for C&UE can be either with the VARO,BVA or Court,
where ever it is - a specific claim for C&UE must be filed unless VA calls it on
themselves which rarely happens.
jmho,
carlie
Thanks Carlie! I've learned something this evening! I think I was grasping at straws because I didn't understand why my claim would be denied.It seemed everyone was soooo quiet but I now know it has been said.... NOD and IMO. Thanks again!
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Remember that a CUE is done on a final decision. If you have the ability to appeal a denial that is much easier than trying to prove a CUE. An example is a claim you filed ten years ago that was denied and never appealed. You look at your C-file one day and you discover some gross error the VA made that would change the outcome of your claim. That might be a CUE. The CUE is the last resort.
Okay, I understand. I appreciate you spelling it out to me...that's what I need. Thanks also, for the example! It has already been suggested that I do a NOD and get a IMO...both of which I'm working on. I have an appointment with my medical Dr. on Wednesday and I'm hoping she can refer me to an Orthopedic Dr. I read somewhere on hadit.com it is better to get an IMO from a Dr. that specializes in what you are claiming. Thanks for your patience!
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Hello Smilen66,
Sorry to hear of your denial. Is this the first decision made on your claim? I do know for a fact that as we all get older the chances of degenerative bone disease is more common. But, if your claim is for degenerative bone disease in the lower back then all the treatment you received for the Thoracic area would not be the same. The lower is the Lumbar area and if that is where your pain is then the Veteran Affairs can say that that was the only doctor visit where low back pain was mentioned. Now, the CUE. That is something I have one my claim when I had the DRO decision made and my evidence was listed as a Notice of Disagreement instead in the Evidence Used. I was told that these claim of CUE will be taken up at the Hearing you have before your BVA Appeal (Form 9). Any one word in your medical records can change a whole claim. It has to be just like your claim for compensation. Go back and look at other parts of your records where you may have had a physical for transfer, or for hazardous duty and see if there is anything mentioned about pain in the lumbar or lower back.
Good Luck.
Hi Samiam,
Thanks for responding. Yes, this is the 1st decision made on my claim. I agree "I do know for a fact that as we all get older the chances of degenerative bone disease is more common." You are current on your research. My point of contention, (I apologize for sounding angry) is when I fell off that truck in Nov. 1980, I was 24 years old. I looked backed at the treatment given for each region and it was either heat or balm or medication depending upon the region.
My claim was for back condition. I now realize , I should have been more specific and named all parts of my back. The V.A. chose to focus on thoracic and lumbar.
Samiam stated: "Now, the CUE. That is something I have one my claim when I had the DRO decision made and my evidence was listed as a Notice of Disagreement instead in the Evidence Used." Please expound...I really don't understand.
As for transfers, I only went Alabama to Georgia and nothing is mentioned about pain in my transfer.
Thanks for being genuine, knowledgeable and compassionate in your response!
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Good Evening Everyone,
Many of you may know my claim was denied last week. I've settled down some and was finally able to read the entire claim decision today.
In Section 3, sc was denied for degenerative joint disease for thoraculmbar because my service treatment records show only 1 complaint of low back pain (Oct. 20, 1982).
My tour of Duty was 9-22-80 through 9-23-84
Entries in my treatment record:
- 11-6-1980 back pain
- 12-3-1980 Thoracic Back Pain (Taken by Ambulance to Emergency Room)Note made by Dr.: Injury 3 weeks ago with persistent pain.
- 1-16-1981 Right Lower-Mid Thoracic Pain
- 10-20-1982 Pain in Mid Section of Spine
- 7-8-1983 Back Pain Inferior border of Right Scapula
- 3-7-84 Right Thoracic back pain
My question is wouldn't the above be considered a mistake made by the rater, if there are other treatment days in my service treatment record?
Thanks for responding!
- 11-6-1980 back pain
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You're up against a stubborn and dirty fighter, VA. I promise you they don't bother to read plain black and white. On a denial they stated how they read and reviewed all the records. Then they proceeded to deny my claim by rewording it. I had claimed knees and back as secondary to ankle and feet. THEY said I claimed a knee injured in service. Since there was no record of injury in service (because my knee hadn't been injured in service) everything was denied. Doesn't matter that at best, they royally screwed up or at worst blatantly falsified government records, (something they are really good at :D ) I still had to file an NOD and go back into the system for another round of delay, and delay...
Be prepared to write and write, wait and wait only to get stuck again and again.
Thanks for sharing and I do believe what you are saying. I never it they could play so dirty, even though I heard/read it first right here!
I'm sorry to hear about your negative experience and what has happened with you and others should be against the law. It goes to show anyone dealing with the V.A. realizes some of these raters aren't qualified for their job.
Personally, I've decided to take it to the top, the President of USA (I have a link), my congressman, I will get IMO and a VSO and I have hadit.com. All I have is time and I will get er done!
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It seems like the raters don't look at the complete medical record evidence, or have a totally alien view of connecting it all together.
I believe that the VARO hires off the street to fill the raters position, this would make sense if you were trying to limit the amount of claims approved.
Sorry for the bad news, but hang in there and keep moving, and gaing ground on your claim.
Best wishes to ya,
BoonDoc
Hi BoonDoc, I'm in complete agreement with you, they either came off the street or some back alley! You know, they even changed the date the decision was made from July 17 to Aug. 14....maybe that was a typo...maybe I sent too many Iris'...maybe I asked too many questions. Then to top it off they sent me a benefits book (Iris) maybe that was a present to smooth over the denial, perhaps a v.a. requirement, coincidence...who knows. Well what they didn't know is adversity has always been my best friend and it will take more than one denial before I give up. So it is on! I'm working day and night on getting my duckies in a row! Thanks for your comment and best wishes!
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I also agree with what is being said here. Berta hit on a lot of key points.
I'm at a lost concerning the first three denials, especially after reading you went back more than 10 times. The VA claims chronic,,, well,,, chronic comes with a wide definition.
1. http://apps.who.int/classifications/apps/icd/icd10online/
2. Go to XVIII
3. Read everything especially
4. Go to R50-R60
5. Concentrate on R52
6. Click on your specific ailment.
This is actually a real good site for everyone. ICD-Codes are EXTREMELY IMPORTANT!!!
Hope this helps and PLEASE,,, pass this information on to everyone
Wow Tavo, what a wealth of information! Lot of it is way over my head but nevertheless seemingly a great resource. So how did you use the codes? Also, thank you so very much for sharing!
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3 days or 3 weeks being taken by ambulance for treatment should verify your claim
Good Luck
Hi Pete53,
Thank for the good luck wish!
If they had only looked at the medical evidence they would know I went to the emergency room for pain in right thoracic and lumbar back! It was in black and white...couldn't be any plainer.
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smilen,
I am trying to see this in the way the decision maker will look at it.
1) Was any diagnosis ever made on active duty ?
2) Do you have any medical evidence that shows continuity of care
or continued complaints, from 1980 to present ?
They may see this as a single event that took place (without continuity of care)
leaving no residual effect.
If this is the case I feel you will have to have an IMO that states they have reviewed
your SMR's that show XXX and your condition now of XXX is at least as likely as not
the result of the injury on active duty.
Maybe other's will chime in to add more or make correction's to this.
carlie
1) Was any diagnosis ever made on active duty ?
Hi Carlie,
The diagnosis made while I was on active duty were either myalgia?, muscle strain or overuse syndrome. I went to the clinic at least 10 or more times and received motrin, aspirin, heating pad, balm,tylenol or pain med. and not once was a xray made. All the diagnosis were made mostly by Spec 5 Meddacs not doctors. Physical therapy was suggested by a meddac once but not(from what I can tell from med. record) prescribed The first xray made was not made until 1985, one year after ets. At that time I was a military dependent. I am in the process of sending off for that xray from archived records. Oh yeah, I find it interesting that all visits to the clinic were about pain on the right side. This is the same side I am having problems with more since my stroke (which affected my right side).
This could not be a coincidence!
2) Do you have any medical evidence that shows continuity of care
or continued complaints, from 1980 to present ?
I have some, mostly emergency room visits and xrays at orthopedic clinics. I learned to use a heating pad, take prescribed or over the counter meds. for pain from spasms, achiness and one brother who would massage affected areas. I am creating a chart to show dates and complaints so that I can get a better picture of the evidence.
If this is the case I feel you will have to have an IMO that states they have reviewed
your SMR's that show XXX and your condition now of XXX is at least as likely as not
the result of the injury on active duty.
I believe my medical doctor would not have a problem with this. Do you think it would better to find a orthopedic doctor willing to give his opinion?
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Pete53, I'm sorry to hear of your losses.Stay strong!
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Good Morning Berta,
1. Yes, the fall from the deuce 1/2 is the cause of my problem.
2. Yes, I did get immediate medical help 3 days later. I was taken by ambulance to the emergency room. . However, my records say the accident occurred 3 weeks ago and it should have read 3 days ago.
3. This is the exact wording of what my medical record states:
- Dec. 3, 1980- "Injury 3 weeks ago with persistent pain." "Right Thoracic Pain"
- Dec. 5, 1980- "24 yo female amb. to er with c/o right thoracic pain-lumbar back pain x1 day. Injured 3 weeks ago-on bivouac"
Thank you for your time!
- Dec. 5, 1980- "24 yo female amb. to er with c/o right thoracic pain-lumbar back pain x1 day. Injured 3 weeks ago-on bivouac"
- Dec. 3, 1980- "Injury 3 weeks ago with persistent pain." "Right Thoracic Pain"
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Did I die? If so, I hope I'm in heaven. Good night.
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I feel you should copy the "Getting an Independent Medical Opinion" topic here and have your private doctor thoroughly associate the SMR notations to your present claimed disability,
The disability also has to have continuity of symptoms.The doc will need all available treatment and clinical records.
The VA will not connect the dots on claims like this-
Do you have a copy of the C & P exam results?
The C & P could help the IMO doctor to fully assess the condition and it's nexus to your service.
If this was result of an accident or injury, do you have proof of that?
1. Okay, I will take copy and take the "Getting an Independent Medical Opinion" to private Doctor as you suggested as soon as possible.
2. I sent for Claims Folder today. Are the C&P results in it or is it in a separate location?
3. While in AIT (on the way to Bivouac site) I fell off a 2.5 ton truck when trying to board it. I was in full Bivouac gear (duffel bag and weapon).I fell leaning more to the right than backward landing on my right side.
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Please help me if you can!
Attached are medical evidences sent to the V.A. from my time in service (1980-1984). Please note I tried to avoid going on sick call and often waited until I had another condition to go. I was not a complainer unless I could not go on any further. Is this not enough for them. I also, submitted twice that (attached) amount of additional evidence from 1985 to present to the V.A.
Thanks
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On page 7 it refers to a medical opinion-= was this an independent medical opinion?
There are saying only one cpmplaint noted in SMRs with nothing on the discharge certificate.
Did they overlook critical evidence in your SMRs?
Did you fully support any inservice nexus for this disability?
Hi Berta,
Yes, this was my private doctor prescribing meds.
Thanks
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Smilen, please take personal information off of your post. Double check for names and relationship connections that we here at Hadit don't have a need to know.
Best to ya,
Cowgirl
Thanks Cowgirl for the heads-up. I marked out most names, the last two was an oversight. Can't get them off. One of them is spelled incorrectly anyway. I will be more careful in the future.
Thanks again!
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I am empty, hurt, angry ... speechless! I did request my C-F this morning. Attached are reasons for decision.
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Claim Denied.
Email
in Technical Support For Forum
Posted
Thanks Pete53. I'm curious about why not here but I'm sure there is a good reason. Thinking out loud...maybe it is a safety/security concern.