Sailorman

Gotcha!

Congratulations! What’s a feasibility letter? I figure you are referring to a letter that states you’re not employable. Correct?

Just don’t seem right. Good thing you continued to seek treatment and you can attach your treatment records with your appeal. The VA picked a fight with you right before the 10-year protection period.

You’re right! Waiting sure can make a person nuts. I was more curious as to rather reducing the adjudicating for approval from 2 to 1 could be a big deal. I will wait.

My SMC/ A&A, Auto Grant, Specially Adaptated Housing, and Coronary Artery Disease claim has been placed back in ‘Prep for Decision’. My claim has been in and out of the status. At first my claim required 2 signatures. Now, my claim requires 1 signature. Could this be an big issue for me?

Thank you, Berta. I will get one.

No, Bertha My Statin meds were proscribed be provide medical doctors. Do you have any suggestions other then searching BVA decisions for my back and ankle claims? Are there’s nothing there, that you know of?

Berta, I finally find time to upload the documents. As you can see, all claims were adjudicated as wartime veteran except for both ankles and my back claims. Keep in mind, these claims have been in appeals and was a board remand. I was awarded 20% for my back and 10% for my ankles ED 9/1996. My issue is, if the RO would have adjudicated my claims properly as wartime service. The RO would have to strongly consider my disability for SMC air scheduler in 1996. Which they tried to avoid by not claim wartime veteran.

Thank you Bertha for your comments above. That gives me more guidance into how to proceed with my appeal. Im going to just drop the issue about about GWI because I already received my ED. I will just focus on my medical documentation to increase my disability percentage . That will make my argument more clearer to the BVA. Thank you.

I’m sorry for the confusion. Let me try to clean things up and be more clear. I wasn’t awarded 100 percent until 2012. The VA did not begin adjudicating my claims and considering my claims under Gulf-war service until 2004. However, I have had 5 claims in appeal since 1996 that was never considered or adjudicated under Gulf-war service. The claims were decided under peacetime service instead. I won on the 5 claims the first time at the BVA. I was granted ED of 8/1987...10% for ankles and 20% for back. I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something.

I have posted part of this issue before but not in detail. I need additional information, so I’m posting once again. In hopes to get the assistance I need after post more detail. Here it goes: I have had numerous claims submitted since being discharged. Let’s say, 5 claims that was submitted soon after I was discharged the VARO failed to properly adjudicate my Theater service in these claims. However, the VARO did, however, adjudicate my Theater service since then correctly. My first 5 claims have be in an open appeal but the issue of Theater service has not been raised thus far at the BVA. The only issue that have been raise thus far are a higher %. What are your thoughts and or opinions?

Will change NOTHING!! The VA needs to be ran by group of people, similar to congress. Ones that are voted in. Changing within the system needs to made by veterans.

Thanks Bertha. I really appreciate you reviewing it for me. “What do your doctors attribute the hyperlipidemia too?“ I am really not sure. I believe my diet. “what is the service nexus for the knees, ankle and back?“ My knees nexus was due to mechanical sprains, Knees nexus were from an injury from shore patrol duty in which I injured them arresting someone, and my back was from a car accident while on active duty.

Hello Bertha. I attached the denial of the SMC from the VA in 2015. FYI, just so you that know the muscle weakness due to statin induced medication is incorrect diagnosis. After further genetic studies I was diagnosed with an adult unset of MD. I’m also service connected for Knees, ankles and my back (since 1996).

Bertha, I have a copy of the decision now. I will scan it tomorrow. Thank you as well.

Thanks broncovet. I will review 38 cfr 3.156 b AND 3.156 c. I believe both maybe applicable in my case because I have both an appeal pending and denials at the VA. I appreciate the advice.

“No- it just means that they have reopened the claims. But it Great that they did.” Oh, ok thank you very much. I didn’t know. I still have a battle then i guess.  “Do you mean the Gulf War Presumptives? I gave you a link to them in a prior post you made....” Yes, it I meant GWP. Yes, I read the links you provided previously. They were very helpful. It was very much appreciated it. “Was that in your military Personnel Record? I am surprised they missed your incountry GW proof.” Yes, it was my military record that was missed. The strange thing is I not new to the VA. It seem as though they became a creature of habit over time. I would have never learn of the error if the VA never went electronic in submitting online claims. “You might have the basis for a 38 CFR 3.156 claim- Newly Discovered Service Records- searchable here.” hmmm! Thanks, I will look into to this.  “Is the100% you have now based on one SC or on a combined rating.?” Neither, I’m currently TDIU P&T  SMC is discussed at length in our SMC forum here.  Can you scan and attach the SMC denial? (Cover C file, name, prior to scanning it) will do! I need to send my daughter down in the base to get the decision package.

I was discharged from Navy in 1996. I have theater service but the VA did not apply my wartime service towards my presumptive disabilities. This error has caused the VA to deny my many benefits. Most recently, my Specially Adapted Housing Grant and Specially monthly compensation claims that were denied in 2014. I recently requested for the VA to reopen based on N&M evidence (being my evaluations proving that I was in desert storm at that time.) Subsequently, both claims were reopened. Does this mean both were both will be granted and rated?

“Is that why you need the wheel chair?” Yes, it is. Currently, I am such bad condition that I need aid in transport to and from everything. You may be right about about my eligible presently. I may be wasting my time on this CUE claim. As oppose to focusing my effort on submitting a new claim for SHA and A&A. Like you said, that may trigger a SMC which would be great.

“You have probably acessed the many sites already as to your conditions...and do have a definitive diagnosis- but have they ( VA or private doctors) ruled out MS in your case?” Thank you! I know about the tie between NM and MD. Yes, I have assessed many sites but never seen the one that you forwarded to me. All this have been so confusing. I’m just in need to get this illness service connected so I will be able to qualify for the housing grant. My wheelchair can barely maneuver in my home. Also, ingress and egress is a challenge.

Good morning, Berta! I appreciate you assisting me, I sincerely do. “Statin meds have definitely been associated with Necrotizing Myopathy.” Yes, this was new to me in (beginning 2014). Private doctors didn’t know what was causing my muscle weakness. It was initially diagnosed as NM. That when I submitted a claim to the VA and subsequently denied. I never appealed. After further testing, the doctors determined my muscle weakness was due to Limb Girdle MD. Furthermore, I never have went to he VA for care, I only have seen private doctors. I have a ton of records. “But was this diagnose changed to Limb Girdle MD, or o you still have the necrotizing myopathy diagnosis and current issues with that?” They never officially ruled out NM as a diagnosis because I see listed as one of my medical conditions in my medical record. “Limb Girdle MD can have a genetic component that would cause the VA to probably deny right away if you claim the LGMD.” Yes, I thought of that. However, being that it was adult on set I thought it my be possible. “Have you ever gotten a second opinion from a non VA doctor-if VA gave you these diagnoses? Have you ever considered that?” Yes, I only see private doctors. “What rationale do you have for the Necrotizing disease to be presumptive. Is it on your discharge certificate? Or were your treated in service?” My blood work. I had a neg. ANA entering the service but had a positive while on active duty. That was the first sign of my muscle breakdown. Plus, I’m service connected for back, knees, and ankle with arthritis. “Can you scan and attach the denial here as to their Reasons and Bases for the denial, and include scan of the evidence list? Cover you C file and name prior to scanning it.” I’m currently bedridden. The folder is in a box in my basement. I will have my son go get the box later so and have him scan it for me.

In 2012, I was denied service connected for Necrotizing Myopathy. At the on-site of my disease my private doctors believed my muscle weakness was due to my statin meds. This is the reason the VA turndown my claim. I also submitted the claim under desert storm undiagnosed illness since sat time my condition was being examine to to find the try cause of the illness. After further testing, my diagnosis were Limb Girdle MD (adult onset). The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions. Am I correct? Or, should I just resubmit a new claim for Limb Girdle? Yes, I do have a nexus. Much appreciated!

Look at your documents in Ebenifits to see your percentage of disability. It should be updated there by now.

Thank you Berta. Yes, my medical evidence does reveal multiple joint disability. To include, both ankles, and both knee. The only citation I have is what the VA cited in their decision. In their decision that a 20 percent evaluation was not warranted unless X-ray evidence shows involvement of two or more major joints OR two or more minor joints groups with occasional incapacitating exacerbations.

On appeal, the BVA awarded me service connection for my left ankle, right ankle, and lower back strain. Question, when they awarded me conditions was the VA required to review my other disables such as my right knee for an increase? The reason I ask, I am currently rated 10 percent for right knee disability but the regulations state if a veteran has multiply joints infected they will be rated 20 percent or higher.