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Master Chief Petty Officer
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Vync last won the day on December 13

Vync had the most liked content!

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About Vync

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    E-9 Master Chief Petty Officer
  • Birthday October 15

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  • Military Rank
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    Ft.Living Room, AL
  • Interests
    Family, fishing, movies, video games, gardening, hot rods, computer programming, electronics, music

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  • Service Connected Disability
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  1. Checked status and spoke with a very pro-veteran person at the call center named Donald. Still no change. Documents were scanned in to PDF but it was still waiting to be picked up. Without me asking, he offered to send an IRIS request over to the VARO to let them know it is ready. He said I could call back toward the end of next week and they should be able to tell me if it had been picked up. He also kept reminding me that when he places me on hold, he is not allowed to leave me on hold for more than two minutes at a time. This makes me wonder if this is a new policy VA wide or just at his specific call center.
  2. @Kuwaitin08 Airtight evidence wins claims. Glad you noticed the effective date issue. Should be interesting to see how the VA explained that or if it was yet another error...
  3. If your exam was done at the VAMC, you might consider calling their release of information office. They should be able to tell you if the results are available. This might be a way to get around the 30 day delay for it appearing online. Also, when I have imaging done like MRI or x-rays, you have to wait the # of days indicated before they will appear online. However, I am usually able to see the radiology report in my progress notes much earlier. I had a C&P earlier this year (June) at the VAMC. Mine did not show up in the progress notes for about two weeks. At that time, I didn't get the 30 day message so that could be something new the VA implemented.
  4. Adding to what @broncovet recommends, I would would also recommend extending the wording even further. For example: "I want to apply for benefits for my back to include any secondary disabilities" The VA often will try to SC just what you tell them and disregard any secondary disabilities. For example, I had a claim for TMJ. The VA did the C&P which confirmed TMJ, but also diagnosed migraines and reflux. When the decision was made, they awarded SC for TMJ only. Years later, the migraines and reflux was so bad that I applied and won that too. If I had known to also ask for any secondary disabilities in my application, I may have won back then. Today, the VA is supposed to assume you are filing for the maximum benefit allowed. However, it never hurts to include a few extra words just to cover all your bases. In my unofficial opinion, I believe the VA should do this across the board every time.
  5. Welcome to Hadit! Congratulations on your win. I agree with @broncovet's suggestions. When you get any rating decision, always double-check to see if they got it right. I recommend comparing the findings against your medical records and C&P exams. The VA has a reputation for getting things wrong and you may not catch the errors.
  6. @broncovet is right. The AMA is picky about which forms get used. I tried looking up the correct form on the VA web site, but they don't tell you. After examining the HLR form, I found it has a section relating to errors in prior claims. The VA accepted my CUE claim and is currently processing it. I also called the White House VA hotline and asked if they could fix the web sites to clarify the correct form.
  7. That is a good question. I submitted mine using the same form used as Higher Level Review (VA Form 20-0996). Don't venture into a CUE without doing your research first. CUE only applies to claims which can no longer be appealed (i.e. finalized). It must be based on information in the record and the laws in effect at the time the decision was made. Benefit of the doubt cannot be a factor. Please consider checking out other posts in the CUE forum.
  8. Welcome to Hadit! I did a quick search and found a couple of links showing the VA has looked into it. Of course, it could differ depending on the situation so it might be best to follow up with your VA doctor, if you have one, to inquire further. https://www.va.gov/MS/Professionals/medications/Stem_Cell_Therapy.asp https://www.hsrd.research.va.gov/publications/management_briefs/default.cfm?ManagementBriefsMenu=eBrief-no65&eBriefTitle=Advanced+Wound+Care+Therapies+for+Non-Healing+Diabetic%2C+Venous%2C+and+Arterial+Ulcers
  9. The nice lady at the VA Insurance Center responded and reiterated the same statements as before. We later spoke on the phone and discussed it at length. She began to realize that I may be correct and referred my concerns to their lawyers for review. I could be right or wrong. But if I am right, just imagine, oh boy... Will find out soon.
  10. I reached out to the VA insurance center again and provided the following observations: 1. Both the insurance application and the benefits.gov link define the total disability criteria as being unemployable. 2. 38 CFR § 3.340(a) defines "total disability" as both unemployable and 100% schedular veterans. 3. 38 CFR § 1912 states the waiver applies to totally disabled veterans, but does not limit application to unemployable veterans only No clue on what is going to happen. Waiting to hear back. It would be nice if the VA admits their error, corrects the resources, and makes good on the error to all eligible veterans who were wrongfully denied.
  11. Their decision sounds related to bad timing (filing after surgery). Do any of your post-surgical residuals found in the analogous rating criteria? If your residuals match the criteria, you could appeal/NOD the denial based on that and possibly get a rating.
  12. But the veteran in the BVA ruling still had his tonsils. They granted tonsillitis under diagnostic code 6516 which is analogous to chronic laryngitis.
  13. I agree with the responses from Berta and Broncovet. I'm SC for 6522 and included the rating criteria below. It is very straightforward and the same criteria was in effect since 1996. §4.97 Schedule of ratings—respiratory system. When you file for it, they will likely do a C&P exam and a CT scan of your sinuses to see if you have polyps. They may also consider sinusitis depending on your situation and medical history. The VA prefers veterans request SC (direct or secondary) in writing. The VA often overlooks considering determining SC status for symptoms or other diagnosis determined during C&P exams. Back in the 80s and 90s, this was common practice. Nowadays they are supposed to assume you are requesting maximum benefits and may factor in secondaries. Pro-veteran C&P docs may actually explore the potential secondaries which surface during C&P's and make SC opinions on them, but you never know. It really could go either way.
  14. It does take longer, but supposedly a more experienced employee is supposed to perform the review. Always good to get a win, but it's better to get an accurate and correct win so we don't get stuck in one of the appeals lanes.
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