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Scott D

Second Class Petty Officers
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About Scott D

  • Rank
    E-5 Petty Officer 2nd Class

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. I was represented by Chisholm Chisholm and Kilpatrick on behalf of the DAV. The attorney felt there was a very good chance everything will end in my favor. Case Number:17-3709 from the CAVC docket. Once th CAVC process is done and the remand goes back to the BVA, the lawyers step aside and let the DVA work this case. Is that standard?
  2. I have an ongoing claim from 2005 that was just remanded back to the BVA from the CAVC. This is the second CAVC remand in the last 4 years. What happens now? Does it simply fall back into the BVA cycle and stagnation? Should I ask for help from a legislative representative? I feel they will just continue to drag this decision and out and make another error that will send it back to the courts. Any help or suggestions would be awesome. Thanks.
  3. I am a little frustrated with an SSOC I just received. I had a case remanded at the CAVC due to the BVA not properly using my Drs statements. At the CAVC the DAV lawyer and VA agreeed evidence was not properly used. The SSOC says the claim will be denied because the opinions from the new C and P. They state two opinions. I saw one Dr for three minutes. The case involves esophagus stricture currently at 50% should be 80%. See attached ssoc any help would be appreciated. I have 30 days to submit more evidence.
  4. The appeal is for a BVA decision. The DAV sent the BVA's decision by their attorneys who felt there was an error in rating. The error being made is how the VA has been rating the esophagus stricture. We have been appealing what "marked impairment" of general health means. This all in coordination for a court case.
  5. I have an appeal that was selected, by the Attorneys retained by the DVA, to be appealed. The attorneys called yesterday and said the VA attorney agreed that there were mistakes made in my rating. The VA attorney recommended the case be remanded. To this I agreed after consultation with the DVA attorney's. What can I expect next? This seems to be a very positive indicator in my case. Is this a correct assessment?
  6. Berta you were correct that BP was meant to refer to Bi-Polar. It was denied because there was no evidence the condition as realized in service, although there were symtpoms linked to anxiety that cross over to BP. I know the VA only rates one condtiion, but I wanted to get each condition SC just in case. I do use the DAV as my service officer, but I have not had any consistency as the SO changed so many times. I try to take things into my own hands and use the SO as a admin check, but as highs and lows are experienced my resolve to handle things wanes.
  7. I am currently rated at 10% service connection for anxiety. Out of the service I was also daignosed with BPII, but I was unable to get this Service Connected. The diagnosis was given a couple month after seperation. I have been going to VA counselling as symptoms have worsenend over the past year and half. In my counselling I have seen a decline in GAF from intial 70 to 60. In the counsellors notes she has also diagnosed major depressive disorder and as having an adjustment disorder. While I am seeking help, unfortunately my condtion has continued to slip. What does an adjustment disorder mean in the terms of the VA? In this an attempt to write off my condition as soemthing other than it really is? I had a C&P for mental helath a few months back and the practicioner said he was going to reccomend a full work up. I have yet to hear back from the VA in regards to that. What is a full work up?
  8. I am service connected at 10% for anxiety. Two months after seperation I was also daignosed as Bipolar II. this was in 2005. I had requested service connection and an increase in rating for Bipolar II. I was denied SC for the BP II. Does it mater that the BPII is SC, or does the rating for mental health Anxiety incorporate the symptoms from both disorders? I am not sure how the mental heatlh ratings work sicne they are on the same chart.
  9. Here's a decison that is similar in nature to my case. I see that they discuss the Veterans weightloss, but they do not classiffy as percentage. It falls into the bigger picture of all symptoms equating a decision of marked imapriment of general health. Does this help out my case at all? Citation Nr: 0307387 Decision Date: 04/17/03 Archive Date: 04/24/03 DOCKET NO. 90-49 081 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio Regarding the service-connected esophagitis disorder, the Board finds that the competent medical evidence, particularly the October 2002 VA medical examination, tends to show that this disability is manifested by marked impairment of general health. In pertinent part, the veteran reported that he had had constant weight loss over the past several years, and reported losing 20 pounds in the past one year. He also reported that he vomited after every meal. Moreover, the examiner stated that the veteran continued to suffer from severe symptoms of nausea and vomiting after every meal, and that he had severe generalized weakness thought to be secondary to poor nutrition from the esophageal condition. Although the references to severe symptomatology appear to correspond to the criteria for a the current rating of 50 percent, the objective medical findings, especially the impact this disability has on the veteran's health, appears to more nearly approximate the criteria for the next higher rating of 80 percent. Resolving the benefit of the doubt in favor of the veteran, the Board finds that he is entitled to a rating of 80 percent under Diagnostic Code 7203. 38 C.F.R. §§ 3.102, 4.3, 4.7. The veteran was afforded a personal hearing in November 1994. He stated that he has continuous difficulty with swallowing and that he has esophageal spasms. He testified that his foods are normally blended, he must swallow very small pieces of food to prevent the regurgitation thereof, and his weight has fluctuated as a result of his nutritional intake. In determining whether an increased evaluation is warranted, the VA must determine whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether the preponderance of the evidence is against the claim, in which case an increased rating must be denied. 38 U.S.C.A. § 5107 (West 1991 & Supp. 1996); Gilbert v. Derwinski, 1 Vet.App. 49 (1990). The evidence shows that the veteran suffers from spasms of the esophagus. While the veteran has, on occasion, consumed solid foods, the medical records indicate that such ingestion has produced repeated hospitalizations for dilatations. Additionally, the veteran’s testimony, along with that of his wife, strongly suggest that the veteran’s stricture is so severe as to only comfortably permit the passage of liquids vice solids. Therefore, it is the conclusion of the Board that while the clinical findings do not exactly mirror the evaluation criteria for an 80 percent schedular disability rating, we are of the opinion that the evidence more closely approximates the higher rating versus that of a 50 percent evaluation. 38 U.S.C.A. § 5107(b) (West 1991 & Supp. 1996); 38 C.F.R. § 4.7, Part 4, Diagnostic Codes 7203, 7204, and 7205 (1996). Therefore, an 80 percent disability evaluation for achalasia, postoperative thoracotomy and esophagomyotomy, ulcerative reflux esophagitis and stricture, is granted.
  10. You were right, I need to find a new VSO. When I finally got a chance to speak with the VA they said the form 9 was due today. If I didnt file this this the decision would be final. Almost missed that chance to keep it alive.
  11. I received a decision that contained a statement of the case with a form-9. The decision awarded a 50% rating but denied the higher rating. I want to appeal this decision. I called my VSO to ask about the form-9 and he said there was already a NOD filed (I did not file this) and the form -9 is not required. Does this sound right? The time frame for the form-9 is approaching in a few days.
  12. Dr. Montalbano is my tereating physician for EE. She did not have a copy of the C & P and did not write an official IMO. Below is the letter than is in my record and was used by the VA in the decision: Mr. Scott Davis has requested I write to you on his behalf regarding us following him for multiple food allergiesihypersensitivity, allergic rhinitis, allergic asthma, and eosinophilic esophagitis (EE). Mr. Davis has a history of severe EE that has negatively impacted his life. He has undergone multiple esophagograstroduodenoscopies and 5 esophageal stricture dilations. Furthennore, due to his multiple food allergies, this has resulted in frequent strictures of the esophagus severe enough to limit intake of solid foods, in some cases, limiting passage of liquids only, and marked impainnent in the patients general health, to include unintentional weight loss. The patient has symptoms of chest pain, dysphagia, anxiety related to, but not lim ited to, risk of choking with eating, acid reflux, nausea, vomiting, food impactions, and again unintentional weight loss. Treatments the patient has undergone in the past, which has included stricture dilation, food elimination diet, oral steroids, have not helped to relieve his symptoms in the long tenn. Alternative treahnent plans include elemental diet, food restriction/elimination, environmental allergy testing with subsequent Al lergy Immuootherapy for any positive findings, and further involvement with gastreoenterology services. EE is a severely debilitating disease with no known cure. Proper treatment will require continued care and coordination with his allergist, PCP, and GI Doctor." Does this qualify as eveidence ignored?
  13. Pete I am lucky enough to be working so I do not need to worry about TDIU, Berta, the VA had my records. They even make this statement in the SOC. "statement from Dr. Montalbani opining your condition causes frequent episodes of severe stricture causing marked impairment of general health, the evidence fails to show your noted weight loss meets he definition of marked impariment of general health for VA purposes". Under VA law, "substantial weight loss" means greater than 20%... the only weight loss evidence was at the VA exam noting your baseline weight at 275 and now you are at 245. VA law considers this minor weight and not marked impariment of general health". I do have a VSO but he does not follow cases very closely and it is difficult to see him. The VA also gave an effective date of the VA C&P exam and did not fall to the date of the initial disagreement. They state that medical evidence over the last 8 years only shows a "frequent inability to swallow solids" adn the VA C&P was the only time where it was documented as "only". This seems weird to me as well. Can I go for the original appeals date?
  14. I am confused by a recent decision in my claim for Stricture of the esophagus. I was recently upgraded to a severe, permitting liquids only. The award letter states, "although there is some evidence indicating a higher or lower evaluation is warranted, the majority of the evidence shows you are severe...the evidence fails to show your condition causes a marked impairment of general health". The letter further states that marked impairment of general health is tied to wieght loss. In my case my weight loss is between 10-20%, not 20% or higher. Where do i find the definition of "marked impairment of general health"? My private treatment records state my condition causes a marked impairment of general health due to scapular pain, vomitting, weight loss, headaches, nausea, sleep disturbance, anxiety, and food avoidal. 7203 Esophagus, stricture of: Permitting passage of liquids only, with marked impairment of general health ................................................................................................................ 80 Severe, permitting liquids only................................................................................. 50 Moderate ................................................................................................................ 30
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