Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

Raybob

Third Class Petty Officers
  • Posts

    43
  • Joined

  • Last visited

About Raybob

Contact Methods

  • MSN
    revbroray@outlook.com

Profile Information

  • Military Rank
    Colonel
  • Location
    Tulsa OK

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USAF

Recent Profile Visitors

635 profile views

Raybob's Achievements

  1. Yes it has in general ways. So far I haven't had any issues except for a few denials. But I use HadIt to research issues.
  2. Thank you, Berta! And I found out something even more shocking today, but am getting the usual VA run around! Since I was able to go back to Walter Reed and have them issue an Addendum to the original Radiologist's findings on their CT scan, while at the VAMC today, I decided to ask for a copy of the original VA C&P x-ray that had been cited in the SOC and used for all the denials for the past three years. I had done this once before and was told I could only have the report, so I wanted it noted I asked and they could not supply the x-ray which I would use at my appeal hearing. Well, this time I was told I had to go to Radiology to get a copy! So I did. I got home, put the CD in my computer opened the x-ray taken of my skull (that was cited as a "normal" skull x-ray) and was shocked! Right there in front of this "layman's" eyes was my skull x-ray showing two separate back circles on the right profile shot of the skull. FYI, I only have one ear! I called VAMC Radiology to ask if it can be reviewed again, and was told I could not ask and that the Radiologists dont talk to patients. I was told to call my regular VA doctor, but I said he had nothing to do with the C&P x-ray. They then said to call the C&P office. I did, and they said, sorry, we have to be told by the VARO to do something. I let them know that I had two separate C&P exams for this issue in their office and that both had supported my claim, but that the VARO was using the x-ray report to dent it. Well, they then told me to call the VARO, which I expect to also be a dead-end call (hant made that call yet). Has anyone ever had any success getting VA take a second look at an x-ray? Any advice on how to do that would be appreciated. Cheers, Ray
  3. Thanks for your recommendations, J and Broncovet... I will send in as soon as I get it in the mail. The initial claim was part of my BDD retirement claim (Dec 2009), so am expecting it to be retro back to my June 2010 retirement date. It involved a CT scan that was taken in Aug 2010 documenting the residuals of 2 surgeries I had at Walter Reed while on AD. I just had that same CT scan re-evaluated to get a second, more detailed write up by the Walter Reed Radiology Dept -- all the info and evidence was already in my records sent to VA, but now I have more specific language that "should" leave no reoom for denial of the claim (although, really, there should never have been doubt from the beginning with the medical evidence I submitted -- it is for skull loss, which is hardly a subjective claim). Cheers Ray
  4. I filed an appeal on 3/1/13 for the denial of a compensable claim which had been repeatedly refused numerous times since 2010. I have asked for a personal hearing in DC. Although the Appeal is dated by the VA as 6/12/13, the eBenefits shows the claim as "Appeal Pending" and "You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one." Following telephone confirmation today, next week I will receive new medical evidence that supports my claim -- which adds additional objective detail to evidence already in VA possession (as listed in their SOC). 1. Should I just hold on to this new evidence until I have my face-to-face appeal hearing in DC? 2. Or should I send it into the VARO. i don't think I want to do anything that will delay my personal hearing longer or start the clock over, but then again, perhaps this could resolve the issue and result in an approval of the claim without the need to wait xxx days for the personal hearing. Any advice is, as always, appreciated. Cheers, Ray
  5. So I received a SOC dated 1/22/2013. After coming here to the board to seek input on wording for my Form 9 (see earlier posts with the subject "Best Place to Hold a Bva Appeal?" -- I mailed it (regular mail) to Winston-Salem on 3/1/2013. After a week, I checked e-benefits every day to verify it was received. Nothing was ever reflected that it was received. I contacted VA by phone twice.... the second time on 3/20/2013 to ask about receipt. That second time the customer assistance rep said they would make an inquiry of the W-SRO for the letter I mained on 3/1/2013, and also gave me a fax number to fax in a copy of the Form 9. The fax number never answered. I looked up a fax number for the W-SRO online on their RO website and found one, tried it, never answered. I told him I could laos send it certified mail, but was concerned about mail time and he said they go by the date the appeal letter is postmarked. So, that same day 3/20/2013, I re-printed out my Form 9, added a cover letter citing that I sent it in on 3/1/2013 and all the actions I had taken to verify receipt and this time sent it certified mail. I have the tracking information: sent 3/20/2013, "available for pickup" in Winston-Salem on Saturday 3/23/2013 and "delivered" to the W-S RO on Monday 3/25/2013. I noticed on e-benefits on 4/1/2013 that it finally updated and said the case was decided and closed by the BVA. I thought this was unusual since I requested a hearing in DC, but waited another couple of weeks for a letter and never received anything, so I called VA last week to ask what the e-benefits "closed' meant. The customer service rep then told me the file was annotated as "no appeal received" so the claim was closed out! I told her the entire saga and she entered an inquiry to the W-SRO (this time giving me the inquiry tracking number) including my statements that it was sent twice (and the dates) asking that the RO search for the Form 9 and told me the RO would reply back to me in 7-10 days. She said if they find it, they will re-open the appeal. Any advice on what to do now? On top of having to appeal at all and several rounds in the ring with this particular RO, I feel like I have been put through the ringer yet once again! Thanks for any suggestions. Cheers, Ray
  6. Berta, I am going to use the CUE language to start off my Form 9 response -- I really need to get that in. Then I am going to send a CUE letter to the Director of the W-S VARO. My challenge will be trying to get all the evidence and SMRs copied again (esp a CD of the CT Scan which would be down in DC, 3 hours away) in the next two weeks. If I say VA has all the evidence, do I also need to send another set of copies with the CUE letter to the RO Director?.. or do you think just the CUE letter by itself would work to generate a re-look down in W-S? THANKS A MILLION!!! Ray
  7. Thanks, Carlie! I guess I could ask them if I could show the video... it is not me because they did not video my surgery, so too late for that, BUT it is the surgical procedure I had performed = mastoidectomy.
  8. I wish I could do the video. The reasons I am choosing a face-to-face with someone are: (1) one can physically see the indented area of my skull where they covered the hole with muscle tissue - may be hard to show that on video; Also, I will have my laptop and will show (2) the CT Scan images where the skull loss is visible and (3) a video clip of mastoidectomy surgery (not mine) which shows how they use a drill to remove the skull bone to access the mastoid area to access the middle ear. Hoping all that helps. So I have a question... does the BVA hearing only remand back to the VARO, or can they award a rating? I guess I thought they could award and I wouldn't have to go thru the un-responsive VARO again... Cheers, Ray
  9. I am going to send in my Form 9 tomorrow using the wording I have above (posted on 19 Feb 1:15pm). Just need to get that in before my appeal time runs out and to get that ball rolling. Have decided to ask for a hearing in DC rather than at my local VARO. Then, after my form 9 has been acknowledged, I plan to send a CUE letter to the attention of the SOC "Reply To" addressee citing all of the evidence submitted to VA that supports my claim, but is not included in the SOC... maybe something will be changed in my favor prior to any scheduled hearing date. If their "hard, objective" evidence is only an Xray taken in Jan 2010, and I had: 1. a second surgery with SMRs indicating additional drilling of the skull in May 2010 (while still on active duty) (sent to VA in Dec 2010), and 2. a CT Scan performed at my military hospital and a statement in my SMRs from my surgeon confirming skull loss in Aug 2010 (sent to the VA in Dec 2010), and 3. a C&P exam at my local VAMC confirming skull loss in Mar 2011... and none of the three items listed above are listed in the evidence, then maybe I stand a chance to get things corrected or at least have VA perform another Xray or CT scan to verify my claim. Cheers, Ray
  10. Berta: "Has the VA ever made a statement that they didnt consider you for a schedular 100%? Did they say why?" Reply: They have never made that statement as far as I knew... I really am not aware of what you are asking, so I am assuming it has never been discussed with me. Ray
  11. As you said, Berta, this gets complicated. I replied back that I had sent them all my evidence when I replied to the VCAA letter which was from VA's 2/14/2011 request. I had sent them all the evidence I had available (sent 12/27/2010 a copy of which is attached)... patricularly relying on the CT Scan and medical records from my surgeon identifying the skull loss and its measurements. I also sent them a CD containing the CT scans. All that was sent to them in December 2010, but they don't seem to include the information in the list of evidence directly -- at least they dont cite that they recieved a CT scan (which should have superceeded the Jan 2010 X-ray). Also, the evidence list does not cite the C&P exam I received for this claim on 3/2/2011 and in those progress notes the examining VA doctor confirmed the skull loss. That doctor reterated the same words from my surgeon on using a drilol to cut the skull and also cited my surgeon's notes and discussion with the radiologist who performed the CT scan and identified the skull loss and approxximate area. SCN_0002.pdf
  12. Berta: "Also we need to know exactly what the 90% is for." Answer: Sleep Apnea 50, TMJ 30, Painful Scar R ear 30, Scar R ear 10, L Wrist Arthritis 10, Degen Disk Dis 10, Tinnitus 10, Rhinitis 10, Hiatal Hernia/GERD 10, Torn Meniscus R knee 10, Hypertension 10, Meniere's Syndrome 10 As I mentioned earlier, the additional 10% for skull loss (or it could be more) won't put me near enough to receive 100% comp. Ray
  13. Hi again, Berta The full SSOC is 12 pages long... might be too big of a file to scan and attach. Most of it looks like boilerplate wording for the "Pertinent Laws; Regs; Rating Schdule Provisions... so I have just attached the first and last page. It will take me a while to gather all the stuff for the 90%... the skull loss is not related to most, but there are two that are somewhat related for "painful scar" and "meniere's syndrome." I don't have TDIU... is that the unemployable? I am not unemployable. Also, I am not trying to establish SMC. SCN_0001.pdf
  14. Good Morning, Berta - thank you for your response. Regarding your statement: "I believe your opportunity to request a DRO hearing may have already passed." I am not sure. VA has denied this claim several times back to my initial award following retirement in 2010. I filed two 21-4138's back in Nov 2011 for this issue the first requesting a SOC on 11/1/2011, then another requesting VA assign a DRO to my appeal. In the first, I wrote "I am willing to consider attending an SOC Hearing with a VA hearing Officer, if offered." In the second, I wrote "I am very interested in the opportunity to participate in an informal conference with my appointed DRO to discuss my case since parts of the skull loss are visible to the eye (the skull was cut away and covered only by muscle tissue creating a sunken appearance)." I did not specifically state "I want a DRO hearing" so specifically. So I never received one. I just revieved my SSOC for this claim on 1/22/2013 which was the first communication I received received since filing those 4138's back in Nov 2011. The instructions for the Form 9 have a paragraph that states "HEARINGS BEFORE VA REGIONAL OFFICE PERSONNEL: A hearing before VA regional office personnel, instead of before a member of the BVA, is not a BVA hearing. You can request a hearing before VA regional office personnel by writing directly to the regional office. DO NOT use this form to request that kind of hearing. If you do, it will delay your appeal. You should also know that requesting a hearing before VA regional office personnel does not extend the time for filing this form." So, based on the above paragraph on the Form 9, I thought I could initivate a BVA appeal/hearing, then also ask for a Regional Office hearing. If it takes a year or more to get the BVA Hearing, perhaps in the interim I could get the RO hearing and possibly resolve the issue and, if favorable, cancel the BVA Hearing?? (I don't know, just a guess). This CUE is interesting. Would I put the CUE in this Form 9 or wait until the results of the BVA or RO hearing? Know I need the A.L. to help since some of this is getting above my knowledge and skill level, but I don't ahve time to see them before I need to get this Form 9 in (about 3 more weeks). I havent sent in the Form 9 yet but need to this week, so any other suggestions are welcome! Cheers, Ray
  15. Hello Berta! Any thoughts or suggestions to my reply to your question which I posted above on 19 February 2013 - 01:15 PM? I'm hoping that a face to face hearing would be successful because I can point directly to surgeon statements of using a drill to remove the bone, pull up and show on my CT Scan where the bone is missing, and also if they physically see me, one can see where my skull bone is missing since where it was removed, they only covered the hole with muscle tissue so that it is sunken in. Thanks for all you do! Ray
×
×
  • Create New...

Important Information

Guidelines and Terms of Use