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Blackhawk12

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  1. A couple of years ago I was awarded SC and a 10% rating on both knees with the effective date of 2009. However, at the same time I got that award they deemed the knees to be a 0% compensation level beginning in 2013. I appealed to the BVA and sent additional information and had ANOTHER C&P. About two weeks ago I received a new SOC (which was decided at the regional office) where they increased both knees back to 10%, with the effective date of 2013 (from when it was reduced to 0%). My question is how long does it take to show up on eBenefits? The SOC is over two weeks old, but the eBenefits still shows both knees at 0%. Thanks.
  2. I am contemplating obtaining an IMO/IME from Dr. Donald Miller (Arizona). I was told that he is an orthopedic surgeon and also an attorney. I spoke with my representative who met him at a conference and used him for another veteran and was very pleased with his report and work. I was told that he was previously a U.S. Navy flight surgeon too. I have tried to research online, but haven't found much. I have also tried to search old BVA decisions to see if he had anything listed...no luck. I was just trying to see if anyone had any input. Thanks.
  3. If you are submitting an appeal how much is too much information? I know that you want all of your statements, medical records, and other important infomation included. However, what about all of the other "evidence" you gather? Such as a claim for lower back pain/injury. You can find a million studies/articles (many completed by the VA and DOD) that show that flight crews on military aircraft are subjected to a great deal of whole body vibration (WBV) and taht with the fact of wearing a large amount of weight while flying, accounts for a large amount of lower back pain/injuries in flight crews. Will the VA get ticked off if you submitt several of these types of studies to help bolster your case? Would you recommend just choosing 2 or 3 of the best articles and submitting those, but writing in your appeal that you have numerous other studies that also supports your claim? Thanks.
  4. I didn't know where exactly to put this. I may be out of luck, but thought I would ask anyway. I did a VA refinance on my house in April 2009 and paid the VA funding fee. I was awarded disability compensation with effective date of July 2009, on a retro award. Even though the injuries I sustanined were prior to the April 2009 refinance date does the VA only look at the date you were awarded the diability in determining if you can get a refund on your filing fee? Thanks.
  5. Sorry for the stupid question, but I searched for the answer and obviously did not use the correct search terms. In reference to the two scales (above 30% with children and without children). I understand that where it says, verteran with two parents, for example requires that the parents are under your care. However, if you are married with three children(with your wife not disabled and has nothing wrong with her) do you look at the Veteran with Spouse and child (example if 40% rated--$677 and then add $31 for the other two children)? Thanks.
  6. Thanks for the guidance. First, does the sixty-day time period work the same when it is for an initial award? Like on mine where it has been dragging along for 4-5 years and then they send their decision? The way I understand it...I am service connected for both knee issues, which is sometimes the biggest hurdle. I am going to have my wife and hopefully a coworker write a letter stating that I DO currently have limitations and pain associated with the injuries I suffered and it has NOT gone away since the initial award. I am also thinking about going back to my civilian doctor and seeing what they currently diagnois my knee pain/injury as. Will that help with this situation? Lastly, would I file this under the Form 9 (I have a couple of other issues that I want to appeal that were included in this SOC) or would it be completed through other means? Thanks.
  7. So I received a SOC in the mail (on a NOD i submitted) and started to read it. I have several issues that I have been dealing with for almost five years. I almost think my file was lost/forgotten about, because I had no movement for years and I did an IRIS request about the status and then within two months I had new C&P exams completed and this SOC sent out. The SOC addressed two items I had claimed two knoee injuries while deployed, the treatment of them were not in military medical records. I tracked down the Dr. that saw me, wrote a statement, and had a couple of buddy statements, paid for MRI's at a civilian doctor and that I sent in with the NOD. What they decided is that both the left and right knee were granted service connection and both given 10% rating, dating back to my inital claim date. They then placed a new rating of 0% on the left and right knee that is effective March 11, 2013. It stated, "We determined that the following service connected conditions have improved, so a noncompensable evaluation is assigned." Regarding what the VA decided they listed the service connection for both knees as medial femoral joint narrowing...Initail VA exan in 2009 showed mild narrowing of the medial compartment right femoral tibial joint with weight bearing...a March 2013 VA exam diagnosed right patellar tendonitis.My range of motion has always been good, but my contention is that there is chronic pain that prevents me from doing what I was able to do before. Like run or walk long distances. There is always pain present in both knees--all the time. The examiner stated that the prior exam revealing joint narrowing that is less likely as not caused by or as a result if intraservice events. He opined that the patella tendonitis is as least as likely as not caused by or a result of intraservice events. I'm trying to see where I was cured of this and what recommendations there would be on doing an appeal. I am not stating that the 10% rating was incorrect or should have been higher, but I don't believe that it should be zero either. Any suggestions. Thanks.
  8. I will try and make this quick. I had a compensation claim denied (no disability found and no service connection) on a knee claim. I got a letter from the treating military doctor (to help show that it is service connected) and went to a civilian doctor and got a diagnosis of a current injury. The MRI diagnosis showed a lateral patella tilt, small join effusion, and mild thickening of proximal patella tendon...I think all of that kind of shows patella tendonitis. During my claim and meeting with doctors I complained of instability with the knee. I have a NOD filed and am awaiting the outcome. Here is the situation. I am no longer in the military and I was recently playing with my kids. As I picked up one of my kids my knee gave way (like I had complained to the C&P examiner and my civilian doctor) and I feel that I have more seriously injured my knee. I am going to give it a few days and hopefully it was just a sprain. My question is this...since this happened while I am a civilian am I on my own? I feel that my initial injury during service weakend my knee which caused it to give way possibly causing the current injury. Would I have to look at this as a new claim or a secondary (if the other one is found in my favor) claim. Any assistance would be greatly appreciated. Thanks.
  9. As far as my current PTSD claim it was denied because I did not do what I needed to show a stressor (when I initially submitted the claim I did not know exactly what I needed to do...found out the hard way and all I did was submit the short statement that was on the VA form when I filed for the compensation claim), I actually never had a C&P for the issue, which is one of the things that I brought up to the VA in my NOD. Also, I have been off active duty OVER one year. The way I am hearing it/understand it is that when/if I get diagnosed and service connected for PTSD then and only then will I be able to try and show that the TMJ would be a secondary condition. If I don't get the PTSD claim in my favor then I am out of luck because it has been over one year since I came off active duty.
  10. I will try to keep this quick and not too drawn out. I have been off active duty for 14-15 months after deploying to Iraq. I Have submitted a claim and was denied for PTSD a few months after coming off active duty. Submitted a NOD and still waiting for that to go forward (less than a year after receiving the denial for service connection). About a year ago I was doing my final dental exam with the VA (the last one they give your for free within 180 days of being on active duty). They observed that my teeth were extremely worn down and recommended and paid for a mouth guard. I did not claim anything regarding that or the fact that I have a popping/grinding sound when I open and close my mouth. I was doing a little looking around and saw that these symptoms were consistent with TMJ...I have not had the VA or a private doctor tell me that I have the condition. I then found the following article http://www.sdm.buffalo.edu/news/20010308_ptsd.html. titled: PTSD Patients Damage Teeth Through Involuntary Grinding, Clenching, UB Study Finds. I also found a VA article that talks about the same information. My question. Is it too late for me to claim this as either its own issue or as a secondary to PTSD? Also, would I have to wait until I am actually given a PTSD diagnosis? Like I said I just came across this information and think I may be SOL and I should have filed something before the 1 year was up. Any suggestions?
  11. Yeah, I did submit within one year of discharge (actually it was less than two months) and I am a combat vet. Hopefully with the statements that I give the VA, the buddy letters, and any other substantiating information I give the VA they can grant me service connection on the issues that I am claiming. Thanks again.
  12. I was hoping of some guidance to see if I was on the right track with regards to my claim. Not to rehash everything, but I filed for several items (knees, back, skin rask, PTSD) after returning from Iraq. I did a very poor job in my case and upon receiving my rating decision I was denied on all items. I take full responsibility for not using a VSO or seeking assistance, but it is in the past. A few weeks ago I submitted a NOD through a VSO, well within the one year time frame so at least I did that right. My problem was the fact that I was seen in Iraq by medical personnel for ALL the issues that I applied for. However, I was at a very isolated base and when I was examined for the issue I was just haded some Motrin, Ambien, or a guaze pad. As far as I can tell none of the information is anywhere in my medical records. Shame on me for not making sure it was documented. Will my post-deployment health re-assessment (PDHRA) be of any assistance in my situation (all of the issues are noted in it and it was completed 1-2 months after getting back)? I went to a civilian chiroprator and received a diagnosis for several causes of my back pain. I also went to another doctor and was given three MRI's to my back and to my neck. I have submitted all of the information to the VA. I have received a buddy letter from a member of my unit regarding the injuries I sustained in Iraq and will be submitting that soon. My questions: 1. Should I go to a civilian doctor and pay for them to do a more intense examination of my knees? All the VA did was an x-ray. My knees keeps popping out of place and the lateral and fore/aft stability is poor. I know that there is something medically wrong. 2. Should I have my wife right a letter relating to her observations ragarding some of my issues? She can state that I did not have the issues when I left, had them when I came home on mid-tour leave, talked about them in e-mail and phone conversations, and still have the issues after coming home from Iraq. Will the VA give any weight to a letter from a spouse? 3. I have pictures from Iraq that shows injuries my leg/knee while deployed...should I include those to verify my claims. 4. There are some other members of my unit that I could get to write letters verifying my statements regarding my injuries occurring in Iraq...should I get as many as I can? 5. Should I write a statement to the VA explaining each issue I was denied service connection for and address (with other evidence--buddy letter, photographs etc.) why I believe that their initial decision was incorrect? 6. Last question. Should I send all this information in at once or as I get it? Will it slow the process down if I send things in piece mail? Thanks.
  13. Maybe you were right and I needed a certain amount of posts...after my last post I checked and I had the ability to post. Thanks again. va1.pdfva2.pdf
  14. I must be slow or not able to follow simple instructions, but I don't see the "Choose File" option. When I hit reply all I get is the window to type the message (above that are several options for Underline, bold, insert list, ect.). Below the window is an options button that just brings up options to post icon and enable emoticons...below that the only buttons that I see are the following: Add Reply, Preview Post, and Cancel. Thanks for helping out and I am sorry that these types of issues are taking over this post.
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