[dorsiflexion - VA's Duty to assist]

@broncovet Thank you; greatly apprecited and yes, although I knew all this, I didn't see through the clouds.  The amount of stress from all this is quite bad and the reason I am having so much trouble.  I have many issues with my feet and didn't think I need a 'diagnosis' for each part.  I was officially diagnoises wiht flat fee in 2017;  nine years after retirement.  I've been told I had flat fee while in the service but it was not documented well or diagnoised.  The 'best' I can prove is where I had a x-ray for a bunionectomy and in the "IMPRESSION" lists; PES PLANUS is listed.  The rest focused on the bunion issues but it at least shows something documented while I was still in the service.

I think I will submit both the dorsiflexion and pes planus at the same time, and have my podiatrist document a diagnosis with nexus to my other foot issues if he feels it is appropriate.  I don't want to claim anything this isn't truly warranted but also feel the VA should have seen the dorsiflexion limitation during my retirement C&P Physical.  I say physical vs. exam as the hospital doing the physical was clueless on doing C&P exams.  I was a test case where the VA worked with the local US Consulate to find an alternative hospital to perform them as the local US Military Hospital no longer had the staff to support VA exams.  Not a single DBQ was done during my retirement C&P and it has caused severe issues ever since.

Thank you again for your reply.

[dorsiflexion - VA's Duty to assist]

1 hour ago, Whodat said:

In 2010, what conditions did you apply for? I know that its hard to go back that far  Hopefully it was for foot/ankle condition. If you claimed for a specific condition, that's all that will be looked at. But if you claimed it for foot and or ankle condition, work has to be done on the VA side of the house. 

What condition were you rated at 10% for? How long have you had that rating for? Have you ever tried filing for an increase for that as well as other sc'd condition's?

I claimed Achillies tendinitis/arthritis left ankle/swelling.  They awarded 10% for "Chronic Calcaneal Tendinitis".  I also have 10% for resisuals from bunion surgery and 20% neuropthy for lower extremities.  Also won a form 9 apeal for fibrosis tumors in left foot but after a 5 year fight the VA said it is 0% although the identical right foot was given 10%.  Two tumors grew back and the Physical Therapist is trying to avoid another surgery as they may continue to grow back and I have a lot of painful scar tissue that may only get worse.   I think I made them mad by fighting it all the way to the judge.  I have a lot if issues going on in my feet, was formally disagnoised with bilateral flat feet, 9 years after retirement so that may be difficult to claim unless I link it secondary to my other issues.  Recently perscribed custom insoles and disabetic shoes.  Back to the dorsiflexion; is it allowable to claim that with all the other issues already awarded?

 

[dorsiflexion - VA's Duty to assist]

Please help, this on-going dealing with the VA is intensely stressful, depressing and adds so much anxiety.  

After a two-year battle ending back in 2010, I put my entire box of VA data in the closet; literally.  A decade later, I pulled it out after some encouragement from friends & co-workers and re-enguaged.

It wasn’t until recently that I realized that dorsiflexion range is claimable.  What is odd is that when addressing my ankle back in 2010, the VA acknowledged I only have 5 degrees dorsiflexion range in my ankle based on my C&P exam but didn’t rate it.  The other ankle is 0 degrees dorsiflexion and I’m sure they noticed that too.  They were awarding me for another conditon rated at 10% when commenting on the 5 degrees dorsiflexion.  I would have expected them to give me a rating for this based on their identification of this condition.

If I have other issues with the feet/ankles, does that prevent me from claiming dorsiflexion ROM?  If not, then why did the VA ignore what they even commented on when giving me a rating for another ankle issue?

I continue to have on-going issues with my feet, they got worse.  My doctor during a Dec 2021 and Feb 2022 documented my dorsiflexion at 0 degrees and 2 degrees.  13 years from retirement and I still have no flexibility.  If I am not mistaken, these are rated at 30% each.  Or, does other issues related to my feet prevent also claiming this even though those conditions are only rated at 10%?

 

Feedback greatly appreciated.

Thank you

[Is it Odd for a C&P Examiner to say he can't do an eval on my back because I am having a flair-up?]

I had a C&P exam today and the doctor started to do measurments on bending angles but since I was unable to move much as all becuase of a flair-up, he felt he could not do the exam.  Am I missing something?  This back flair-up also prevented him from being able to fully review my knee claim.

This is the second time I am seeing this doctor and the last time there were MANY discrepancies from what was observed, discussed, and what was documented on the DBQ.   I honestly felt he mixed me up with someone else.

I expected to see him for 2 issues but we went over 4.  I wonder if he will do a DBQ on all conditions or not and if not, will I be rescuheduled? 

I worry he will simply not address the issues he felt he could not measure due to my flair-up rather than documenting my movement (or lack there of) today which may appear I was fine. 

So stressed

[Good News! Finally - After A Long Wait... Retro Arrived]

Hello all;

After I lost my good paying job, the retro became a high priority for my family. I learned a lot from this forum and wanted to give my stats so others who are also waiting might be able to use my situation when guessing the average wait time.

After a two year wait after submitting my NOD; I was awarded an increase dated to my discharge date almost 4 years prior.

My NOD was settled in July 2012 with the new monthly disability in the 1 Aug 12 pay. The VA submitted audit paperwork to the USAF DFAS who had till 16 Aug 12 to return it back to the VA. They completed their part on time and it was waiting processing with the VA until 21 March 13.

So my wait time with the VA was 8 months; I was expecting at least 12 months before I would hear anything so I am grateful.

I am still waiting on retro for my child who turned 18 while in high school, then college. I now realize that we must submit paperwork when they turn 17 to prevent them from being dropped while still in school, then provide additional information after the fact which was taking about a year to process.

Attempts to request expedited VA retro processing when I lost my job failed. The VA required proof of overdue bills and or a ruined credit report before they would consider early processing. I would have continued to use my kids college savings before that while I was getting my feet back on the ground with another good paying job. On a positive note, I did get another job, but at only 25% of what I had previously so the VA retro is a blessing till something else comes along.

I wish to send a huge THANK YOU to all on this forum. There is a lot of good information and good people who are always here to help others.

I did ask the DAV to help expedite my processing but didn't get any positive feedback about success so there is a possibility that they were able to do something but not sure. I do appreciate their support in trying even if it didn't work out, and also a big Thank You if they were successful.

Again, Thank you to all; my retro was significant and a big stress relief.

Sincerely,

Joe

[Va Retro Again]

I am not an expert here but the DAV said I can do a NOD first which is decided at the Regional Office be

Thank you VERY much for this information... greatly appreciated. :)

Let me try this again; I read a new reply before I was done with entering my text... The DAV had me submit a NOD, it took two years and they accepted some of my evidence, and upheld others. I accepted their decision for all except one; which I can show with existing evidence but will get more. That was submitted via VA form 9. I understand that NOD's will be back dated (as my award shows) to my retirement date in my case, but the appeal via form 9 will be accepted upon the date the judge makes a decision.

One of the items decided said my medical records show chronic / severe issues but due to the lack of a specific diagnosis, I am denied. Hummm... Why didn't they make me go get a diagnosis?

This can be frustrating, but I am at the final stages of the appeal process; I just need to wait.

I will however go back to the original Japanese Doctor that the Consulate sent me to get my VA exam; and have him put into clear English, that what I am claiming was observed 30 days after retirement. The VA said there was no such evidence. There was, but it was in broken English.

[Va Retro Again]

Back up here. What did you NOD?

That NOD put your claim in appeals. Did you ask for a DRO review or fill out a form 9 to go to the BVA or a reconsideration?

This is not a guarantee of retro. I need to see this picture in a little better light.

J

I am not an expert here but the DAV said I can do a NOD first which is decided at the Regional Office be

You should contact Glen Johnson at CHampVA he is in charge of the VA foreign medical Program and I believe he can help you.

He is located in Denver Colorado,. Glen,johnson@va.gov

Thank you VERY much for this information... greatly appreciated. :)

[Va Retro Again]

DAFAS completed their Audit on 20 Aug 2012 and told me the VA has 60 days to complete their audit but to date; I am still waiting. My Retro will be the increase from 60%-90% for 46 months.

I was pretty sure I read on this forum from users input that they process Retro like they do a new claim and can take a very long time before I get it.

I wish the VA could let us know more on their current process; I feel like I am left in the dark.

[Va Retro Again]

Hey Joe, did you ever get your CPAP back pay from Foreign medical pogram? (Tricare Copays)

J

Unfortunately no; I was on the phone for two hours trying to find a solution. ALL Tricare people in the Pacific fall under a contract with ACE Medical in Hawaii for sleep apnea supplies. Since they are in the USA, the VA will NOT entertain any claims. I can go to a local hospital in Okinawa and pay three times the cost and bill to the VA, but then I need to also get a new CPAP machine that they support. The one supplied via Tricare 4 years ago is not supported locally.

I also asked about being compensated for all the CPAP supplies (my co-pay) purchased of the years since my claim was approved effective upon my retirement date and they said I am out of luck there too.

The VA does not have the ability to think outside of the box and allow people in my situation to buy from the Tricare system, or better yet, via the internet as a substantial savings. So I threw in the towel and have been just using my Tricare ($150 deductible each October, plus quarterly supplies) and the VA loves people like us overseas.

Another catch is the military hospital system overseas has a process to prescribe Sleep Apnea supplies through the Tricare system, but not for me to go downtown and get them locally. So I would have to see an off base doctor, and have two sets of medical records. I get outstanding care with the military (Fluent English speaking) medical facility, so am not very interested in seeking off base medical care.

I wish there was a better answer.

Joe

[Va Retro Again]

I read extensively about VA RETRO on this forum and now understand that once the VA completes your claim/NOD; the RETRO is considered a new claim and you must wait yet again for an extensive length of time. If the VA is considering completing the RETRO as a new claim; then why can’t I see it on the VA e-benefits site?

My NOD was completed in July 2012 and I expected my RETRO within a 2 or 3 months but now see that can be an indefinite length of time.

This is all pretty depressing since I got my pink slip and since then have been having difficulty with budget ever since; the RETRO I am expecting is substantial so would help out a lot during this transition.

I'm sure there are many others in my situation.

Joe

[New Or Reopen Claims?]

Today's paper showed the president signing into law the Camp Lejeune contanimated water VA benefits. If you have not done so already, go ahead and submit now.

[Recently Awarded For Sleep Apnea; Do I Claim Previous Supplies?]

I was recently approved for Sleep Apnea backdated to my discharge date of almost 4 years ago. I use Tricare overseas and am registered within the VA foreign benefits program.

Should I / Can I claim the purchase of the CPAP machine and supplies (my Tricare cost-share portion) over the years? Do I continue to get my CPAP supplies through Tricare since I live overseas, or have the hospital providing the supplies bill the VA directly?

Thus far, I am getting all of my medications for VA accepted disabilities through Tricare and nothing through the VA perhaps because I live overseas but this bills the costs from another DOD pot of money.

What is the norm for people in my situation?

Thank you,

Joe

[Should I Submit A Nod For A 0% Rating For Hypertension?]

Should I submit a NOD for a 0% rating for hypertension?

On one hand, I think that if I lost 50 lbs or so, my BP may not require medications and I have a family history of high BP so I don’t place blame on the military or the VA for having this condition.

However, VA reps said I didn’t have it for my first 16 years of 26 in the military so I should claim it.

So I did and because my BP was often but perhaps not “Predominately” documented in my medical records with a diastolic of 100; I was given a 0% rating. About 5 years ago, still on active duty, they doubled my dosage to better control my BP.

Throughout the years, my BP would be taken, the diastolic would be over 100 so I would routinely be asked to sit for 5 min or so, then it would be taken again and be below 100. While in the military, I was given the 5-day BP tests on five occasions because of borderline/high BP. Once again, I would be told to sit quietly for 10-15 min, relax, and only then they would take the measurements. Since this measured my resting BP rate and much lower, they always decided to delay the start of BP medications. Only after years of this repetition did someone finally tell me I should have been started on medications years ago and intervened. Also throughout the years, my BP would be alarming high when using an automated BP cuff, so they would do it manually and I will get lower pressure readings.

Here is my question; I have little doubt that my BP is predominately over 100 without BP medication intervention and that I need these medications to be below 100. Even with the medications, my diastolic is most often in the mid 90’s. Thus, should I be rated at 10%?

I suppose the only way to know for sure is to stop taking the medications for a couple of weeks and get another 5 day test. This sounds a bit absurd but perhaps the only way to prove what I believe to be true.

I want to take full advantage of any VA entitlements but don’t want to abuse the system. I feel that I meet the criteria for a 10% rating but they way my BP was documented over the years, it was easy for the VA to say I didn’t qualify.

What would you do? What should I do?

Thanks;

JP

[Just Got Va Claim; Question: Buddy / Lay Statements]

Is there any mention of it at all in your SMR. The VA will rip the lay statements as symptomology and not medical diagnosis unless one of the letters is from a medical professional.

You could get a medical opinion if you do it quick/ OSA does not happen overnight, It takes time to develop.

J

I was frequently tired and had trouble sleeping as well as have been a heavy / loud snorer for years. I was on the road a lot, 40%+ so I figured it was jet lag and time-zones causing the problem. The only thing in my SMR is that I mentioned trouble sleeping most likely from tinnitus that I was also claiming.

I had a lot of symptoms but I had so many other issues with my knees, I didn't look deeper into it. As I got closer to my retirement and talked with others who had sleep apnea, they convinced me to get tested. The only reason I didn't get tested before I got out was because of my painful knee issues and foot sugery plus knowing 100% sure I could look into the sleep apnea within one year of retirement. I would have certainly had a sleep study before I got out if I had known it was important.

I will follow the path that others did that had successful outcomes and hope for the best. I fully understand the lay letters of support as well as a strong recommendation from the doctor is important and I expect to get those.

Thanks.

[Just Got Va Claim; Question: Buddy / Lay Statements]

Sorry; poorly worded; Sleep Apnea (isn't) one of the listed medical condtions that can be claimed within one year of retirement.

[Just Got Va Claim; Question: Buddy / Lay Statements]

I just got my claim back from the VA. Like many others, I was told by official VA reps sent to provide information to military members on the bases that anything found within one year is just as if it was on active duty. Since, I learned that isn't the case except in the case of certain medical conditions including my sleep apnea.

I learned a lot from this forum and know what I have to do concerning my sleep apnea. I had severe knee issues that were very painful that needed to be addressed six months prior to retirement and after retirement. Once that was under control, I got a referral for a sleep study two months after retirement. I saw the sleep doc the following month and was scheduled as a stand-by for the sleep study at an overseas military base. They had a back-log and as a retiree, I was space-available. Five months after retirement, I had my sleep study and a follow-up for the outcome a month later. Thus, six months after retirement the doctor told me I had the most severe case of sleep apnea he has ever seen, I had it for years, and I will be on a CPAP machine for the rest of my life, even if I do lose weight. During my initial visit with him, he said a lot of people will no longer need the machine. In my case, it was so severe, that won't be the case. I asked him to put that in my medical records but he didn't. I have an appointment with him next week and will bring letters to him from co-workers supporting my claim and ask him to make it clear that in his medical opinion, the sleep apnea was present for years and with little doubt, while I was on active duty.

Some friends cautioned me in getting the sleep study done before I got out but I was positive based on the VA Reps that I had a year.

I was given 20% for my right knee gout, arthritis, meniscus repair and history of right great toe and right ankle/foot involvement. The claim said I would have been given a higher rating of 40% if my medical records showed that I had 3 or more occurrences per year. Within in the previous year, I had severe swelling every 4 to 6 weeks but only went back to the doctor when I needed to renew my physical training profile or get my existing medications refilled. There is medical documentation that I said I had swelling every 4 to 6 weeks but no medical proof (going to the doc every 4-6 weeks to support this claim). I have about a dozen co-workers that will give me lay statements supporting that I was limping, on crutches, and had great difficulty with stairs about 6 to 8 times a year. Can these statements help me like the buddy/lay statements supporting my sleep apnea claim? Most of us will agree, going to the doctor every time we had swelling only to be told to take existing medications was pointless. I sure regret not going to the doctor each and every time now!

I have a couple of more questions/issues but don't want this post to get any larger. Please help with advise.

Thank you,

Joe

[Diagnosis Within One Year Of Retirement Denied]

I got a letter from the DAV giving me a heads up with my VA outcome. One of the many issues denied was my claim for sleep apnea most likely because it was diagnosed six months after I got out. I suspected sleep apnea for at least two years but I traveled a lot while in the service and had many issues with my knees, feet, and ankles that took priority.

I didn’t worry because three different VA reps told me that anything found within one year of retirement would be counted just as if I was on active duty. Were all three wrong? I was shocked that the claim was denied. I don’t have the VA package yet, just wanted to ask about being diagnosed with something like this within one year from retirement.

My doctor (Air Force doctor who is an expert with sleep disorders) said I had the worst case of sleep apnea he has ever seen, that I had it for years, and that I would be on the CPAP machine for life, even if I lost a lot of weight. Previously, he said many can loose weight and no longer need the machine. I asked him to put all this in my records but he didn’t.

What is the best strategy to get this over turned?

Thank you

[Help With Sleep Apnea Denial]

Hello all; this is my first post. I’ve learned a lot in this forum yet realize I have so much more to learn.

More confused and disappointed about misinformation than anything else but I got a heads up from the DAV that the VA denied 8 of my claims. I didn’t get the official VA package yet, only a heads-up letter from the DAV who is in the loop on my claims. One of the big items they disapproved was my sleep apnea. I had very bad gout/arthritis issues just as I was about to start my terminal leave. During that time, a tumor was found and removed from my right foot. These issues delayed the start of my terminal leave and resulted in me having to sell back 60 days of leave.

Retired 1 Sep 08; Referral from primary care provider: 19 Nov; Initial sleep study consult 29 Dec; Sleep study Feb 09; follow-up with doctor Mar 09.

I suspected sleep apnea for quite some time but wit everything else going on, that had to wait. I wasn’t worried because I was repeatedly told that anything I claim within one year of my retirement will be treated just like I was on active duty. I was told this by at least 3 VA reps visiting my local base while on active duty. So, a month after my retirement, I scheduled an appointment with the base hospital that just started a sleep lab. It took a month to see the doctor and two months to have the study done.

About a month after the study, I had my follow-up and the doctor; now at my six month point since retirement, and he told me I had the worst case of sleep apnea he has ever seen and that I must have had it for years. I asked him to put what he just said into my medical records but he only put “severe sleep apnea”. He ordered the machine and I used a rental during that time all through my cost share and Tricare.

Under the guidance that this was within my first year since retirement I was shocked that they out right denied my claim for sleep apnea. I contacted the DAV and tried what some people on this forum have done/tried and attempted to get the decision over-turned now, before the review process is done and the VA sends the package but the DAV said I must wait as the decision was already made. The DAV said I didn’t show enough of the sleep apnea being service connected; that I had the issue while on active duty. Again, I am still confused because 3 VA reps told me anything the first year was as if I was still on active duty! Yes, confused and stressed!

I made another appointment with the same doctor and will ask him to put what he said into my medical records or something to the fact that in his opinion, my condition isn’t something that typically is so severe that just occurred since retirement. I also understand that I can/should get letters from co-workers supporting symptoms observed while around them. Once I receive the VA package, I will then submit this information to the VA for appeal.

Am I missing anything that I should also do? How long is a typical appeal process? If over turned, do they start compensation as of the date I initially filed, date of appeal, or approved date?

To be honest, my quality of life after starting using the CPAP machine more than tripled so I am in a win/win situation already. I fell asleep on the highway more than once driving home from work since retirement and the reason I didn’t have this issue while on active duty is I lived on base, only 5 minutes from work. Now I’m 40 minutes from work by highway and was dosing off frequently.

For years, I would frequently wake up with a violent jerking reaction, often waking/scaring my wife. I had no idea this was or could be related to sleep apnea at the time. This is already documented in the sleep study medical records since retirement but I guess carried little weight in the decision making.

Any advice is most welcome.

Thanks all;

Joe