Scottyp65

I have a friend who is currently Medically Retired from the Navy and on the temporary list (TDRL), he was in the Naval Reserves when he was boarded, and he had some questions to which I would like to help him find some answers. So to the esteemed members of the forum I present these questions; Q 1. Can he file for a VA claim, should he? Q 2. If he is awarded a VA compensation does he have a choice between recieveing the VA comp or can he elect to keep receiving a Navy retirement? Q 3. If he does receive VA compensation can he be placed on the PDRL? Permanent Disability Retirement List I am begining to think as I write this that he is in a difficult place because as he is Medically retired from a branch of service he gets the ID card and all the benefits, but if he opts for the VA benefits he will be compensated at the level the VA determins/awards. The VA could well grant him a SC percentage higher than what he has now, 30%, but at a level lower than the 70% he would need for the benefits for his family. Oh is 70% the crossover point for ID card and family benefits? I appreciate any assistance and references you might be able to provide, Scottyp

Kenny, I see there are posibilities for it being both ways. I would offer though for you to look trough your medical records for any signs of the other symptoms of Sleep Apnea in your Military Medical Record. Some of the symptoms I listed to get service connection were, High Blood Pressure, Acid Reflux, Asthma, and Malaise. The last one was a Dr saying I was just overly tired, had gone to the clinic because I was fatigued. Was kind of pissed off because he made it sound like I was just a lazy S.O.B. Of course now I just love the Ignorant Bast...... Anyway all of these symptoms were a matter of record. Now if you don't have "diagnosed" HBP but can show where there were multiple times where your blood pressure was elevated at the times of appointments you may be able to make the same argument I did which was I had my Dr say I had the symptoms of Sleep Apnea while on Active Duty and that the treatment of my other conditions had masked their seeing it earlier. Hope it helps.

Lori, Great News for you, your husband, and the children! You mentioned Az and their benefits, of which I haven't a clue but as far as weather I would think Az is the place to be? If it is too hot and or too much polution west Texas may be the place to go. I know they have one of the largest VA/Army hopitals in El Paso, the eye clinic alone is 3 stories or such. The state is also VERY good to veterans and their families overall, with no state taxes for anyone plus a property tax relief for 100% P%T. When my children are all off to and or done with college that is where I am heading. I think I will go to the San Antonio area but then again that remains to be seen Again Congratulations, A Very Merry Christmas and New Year to you and your family.

So I have asked for a hearing at the local RO. I was shot down at the intial claim and then at a NOD with DRO. My FM9 is in and I have rebuted the SOC. I am trying to understand what to expect based on previous posts here. However, if anybody wants to chime in and let me know I would appreciate it. I have contested three medical conditions which of course I believe should be SC'd. For those of you who have followed my case you know I am looking at a hiatal hernia, Plantar Faciitis, and Raynauds. It will be intreresting to find out what is determined.

Pete, At issue, or central to it, is the father not assisting the son to get some help and in fact doing just the opposite. This young man has been actively avoiding getting help in part because of his father. Most young adults revere their parents, wrong or right, and so when there is no model or assistance then the parent is not owning up to that responsibility. It isn't that the father has to have been through the same things or such but to at least recognize there is an issue and to assist in getting help. I know there are no perfect parents but it does say a lot about a person and a society when this happens. Again we are fortunate to have forums like this to help and reach out to those who don't know how to reach back. This young man has tried to continue his career in the Navy as a reservist and those around him, not knowing the extent of his issues have been enabling him as they thought it was his intention and desire to stay with the Navy. So it is difficult to find fault with his unit as they were trying to abide by his decisions and actions. Of course there does come a time when one has to consider the well being of the individual and to get them help regardless of the impact to a "Career". The VA has been very supportive and is trying to get him in the system now, with treatment first and then the paperwork later. So this too is a GREAT change in the historical manner in which Vets have been treated in the past. Heck between what I read here about other VA hospitals and RO's I feel very fortunate to be in the Omaha region. Hey if you are having a tough time where you are at now, and of course if it were feasible which I suppose for most it wouldn't be, perhaps a short stint in Omaha area might be in order. Get your paperwork done and then return without the hassle. In fact I am assisting a fellow in just about the same situation. He lived and retired here, got a job in the North West and his family and home are still here. He was so quick to get on the job and was jilted by the VA rep at the base he never filed. So now he is doing so with the knowledge of how much more efficient, yes I said efficient, the RO is here. As his home of record, taxes, and family reside here he can get it done. Anyway I just wanted to make the comments before to hopefully generate discussion on yet another area of concern for the young veterans returning home. These folks are still greatly influenced by their parents and as such these parents don't need to be going "John Wayne" with them. Thanks for your patience

Pete, At issue, or central to it, is the father not assisting the son to get some help and in fact doing just the opposite. This youn man has been actively avoiding getting help in part because of his father. Most young adults revere their parents, wrong or right, and so when there is no model or assistance then the parent is not owning up to that responsibility. It isn't that the father has to have been through the same things or such but to at least recognize there is an issue and to assit in getting help. I know there are no perfect parents but it does say alot about a person and a society when this happens. Again we are fortunate to have forums like this to help and reach out to those who don't know how to reach back. This young man has tried to continue his career in the Navy as a reservist and those around him, not knowing the extent of his issues have been enabling him as they thought it was his intention and desire to stay with the Navy. So it is difficult to find fault with his unit as they were trying to abide by his decisions and actions. Of course there does come a time when one has to consider the well being of the individual and to get them help regardless of the impact to a "Career". The VA has been very supportive and are trying to get him in the system now, with treatment first and then the paperwork later. So this too is a GREAT change in the historical manner in which Vets have been treated in the past. Heck between what I read here about outher VA hospitals and RO's I feel very fortunate to be in the Omaha region. Hey if you are having a tough time where you are at now, and of course if it were feasable which I suppose for most it wouldn't be, perhaps a short stint in Omaha area might be in order. Get your paperwork done and then return without the hassle. In fact I am assisting a fellow in just about the same situation. He lived and retired here, got a job in the North West and his family and home are still here. He was so quick to get on the job and was jilted by the VA rep at the base he never filed. So now he is doing so with the knowledge of how much more efficient, yes I said efficient, the RO is here. As his home of recorde, taxes, and family reside here he can get it done. Anyway I just wanted to make the comments before to hopefully generate discussion on yet another area of concern for the young veterans returing home. These folkes are still greatly influenced by their parents and as such these parents don't need to be going "John Wayne" with them. Thanks for your patience

Just venting but hope it works out in somehow. Neighbor's son went joined the Navy and became a medic type (sorry can't seem to spell the Navy title right). Then comes along the recent conflicts. Now he is "Home". We, his Mom, peer friends, and myself have been trying to get him to go to the VA. He has signifigant issues since his "in the box" time. I won't go into it because many here have been through much of the same if not worse. Suffice it to say he has a full spectrum of medical concerns now.

Thanks and will follow adivice, looks like new furniture:) I will comb through the paperwork this week. A currious thing is they didn't grant her Reactive Airway Disease, this is what had her booted from the Reserves. However, the VA examiner did DIAGNOSE her with the disaease! BUT it gets better in a hurry. Turns out they wrote in the notification letter if she could provide proof she was stationed in the Desert, then they would grant SC for the disease. Boy am I glad we kept all her paperwork, between the two of us it takes up a full 5 drawer file cabinet, of her paid travel voucher. Seems the Travel Orders were signed in one block and not in another and the VA doesn't have the Reserve Orders Decoder Ring to understand them. She also has a letter of Commendation from her Commander in theater. So we will get this taken care of in short order, no worries. Oh and the letter said she would get her $$ in the standard 15 days. they were wrong. She got it today. So let's see she has her award, it is set up well to be raised, and she has a nice check. Oh and no VA funding fee so MO money in the pocket. Things are looking good. Thanks to all of you for showing the way and the value of persistence.

Nathan104 A very important aspect of the C&P exam is pain, and fatigue as related to ROM. So be sure to let an examiner know when your knee and or back STARTS to hurt when bending it. My ratings were more so based on pain than anything else. While I can move, it hurts to do so. Also if your knee hurts when bending over to pick up a box, and then by your claim perhaps your back does also, then tell them. They need to know how it affects your life. A key to remember is what is your PAIN FREE Range of Motion. When you bend over to pickup the box, if you can, you shouldn't feel ANY pain. Also if your leg or back gets fatigued you need to let the examiner know. What often happens in a C&P exam is the examiner watches you as you sit in the waiting area, the way you get up, your gaint, your posture in the office. and many other diagnostic clues other than what is on the C&P exam form. Now this is not the time to try and win an Oscar either. Just let them know how often it hurts, how long the pain lasts and how intense is the pain. If there are episodes daily vs weekly and or monthly. Just my 2cents.

Today the WIFE received her White Envelope. She was active duty 1984-88 and then Reserve 97-00. Suppose seeing and being around me rubbed off on her. She has had chronic Rhinitis and such for years and then a trip to the desert with the reserve and she was diagnosed with Reactive Airway Disease. The Reserve unit she was with said if she couln't get off the inhaler and meds then she wouldn't be able to stay in. This was over 4 years ago! She didn't want to file but..... finally she did and now she has been rated with a total of 40%. So now she is resting easier as we have a house to close on in 30 days and the back pay of 14 months, as per the VA calculation, is going to either take care of closing costs or buy her the new furniture she wants! I figure she should get the furniture as it is a treat for her. What do you say?

Vike17 I see your point on all the issues and I belive the heart of it is was the evidence available for the rater. I contend it was has they had possesion of my MMR and any off base Dr visits/surgeries. I did have a DRO. I will submit the paperwork to keep things open and as things develop I will take the appropriate course of actions. Right now though I think my priority is to keep things open. I am very fortuanate to have time as I am P&T. Thanks for bringing to the table the evidentiary view. I will keep ya posted. ScottyP

Berta, I already figured I would send in the data again, makes it easier on them and that is what I want to do. No smoke and mirrors here. As far a case for the Raynauds I can only assume I have a case even if it secondary to Thoracic Outlet Syndrome(TOS). Bottom line is I have multiple letters from co workers and family on the condition while still on active duty. SO will have to see. What is funny is I told the VA I had surgery for the TOS and they removed 2 muscles from the right side of my neck (scalenes) and yet there is no mention of it, but they did award an increase to cervical muscle strain from 10 -20%? i should say they are strained...... like strained out of my body! Do think there is a claim for the condition? Seriously, they went in and cut me like a fish and scraped the muscles from my 4-6 cervical vertabrae and from my first rib. So not sure what the impact is as they aren't there! kinda funny to me in a way. Worried if I say anything they will reduce me and put me less than 100% P&T. john9999 I have not heard of it and will look into it. I have to be honest when I say I used to have zero compassion for those with PF when I was younger and running around all the time. Now I know the rest of the story. Sserves me right i suppose in some peoples way of thinking:)

sorry for the multi posts but.. I did make the 60 day deadline for the SOC, but am up against if for the later of the two deadlines. In either case I will let it fly. Do I supply them with copies of the medical records again, with the rebuttal? I don't want to leave it up to them to go through all the files AGAIN and miss them AGAIN:)

Also to note is I am doing this to have the conditions SC and not an icrease as I am at 100% P&T. The next reason for pursuing this is I would like to make a claim for the clothing allowance and I figured if I have the Plantar Fasciitis SC'd then the case is stronger. At issue is my shoes do not support my ankles when the VA provided insert are in. I ride too hi in the shoe and therefore need orthotic like shoes where the walls of the shoe are higer/deeper. Otherwise it feels like I am wearing a funky set of flip flops allmost. And the doggone shoes are expensive to say the leat.

Berta, I waited a long time. I had my rep send me a letter saying I had to have this in my the 9th or they would drop my appeal. My bad. I would rather just ask the VARO to look it over again and reconcider for sure. Overall this VARO has been EXCELLENT, with noted exceptions.

Berta & Vike, Long Post sorry What has the SOC stated was there was no evidence in my medical recorde to support three of my claims. 1. Hiatial henia- I had an endoscopic report where it is listed in the 3 findings by the doc and this was in my recorde. And I was still on active duty. On the C & P form where they list the current ratings for disabilities that have teh hernia listed at 10% along with the mecial code. Somehow after the exame it was droped. They just didn't read the finding I suppose. 2. Raynauds Syndrome- In my C & P exam it had it listed with a YES to the side, along with all the symptoms. but I don't have a diagnosis preceeding the exam. However, it does state on the C & P form the examiner had access to all records and had examinded them. So then by saying I had the condition I don't uderstand why they are subsequently denied. I don't have to fall on my sword on this if I can just refile at a later date and have if classified as secondary to the Thoracic Outlet Syndrome. 3. Bi-Lateral Plantar Fascciitis- I was treated numerous times while in service for my left foot, and had a heck of flare up right after I seperated with my right foot. The VA physcian ordered me up some inserts and so can I say that it is SC as it occoured within the 1st year from seperation? I only want them to SC even at 0% as I have it and that is that. I have chronic ankle problems with both left and right side and the VA acknowledges it. Right now the draft looks like this; BLOCK 9 Item # 4 Service Connection for Hiatal Hernia. Item # 5 Service Connection for Right Arm Raynauds Item # 6 Service Connection for Bilateral Plantar Fasciitis. Block 10 Item # 4: Service Connection for Hiatal Hernia I believe the VA decided my case incorrectly in for a Hiatal Hernia as it is documented in my Medical Records which were available for review. I believe this condition should be service connected at 10%. The SOC states on page 26 this was denied as the VA examiner indicated that there is no documentation to show it was clinically diagnosed. On July 26, 2005 the VA requested for documentation in support of my claim. I sent in 61 pages of medical records inclusive of records from Midwest Endoscopy Services. An Endoscopic procedure was performed by Dr William C. Livingston D.O. on November 8, 2004. The findings of this procedure noted in item three (3) of the Endoscopic Impressions a Hiatal Hernia. My Active Duty date terminated 30 November 2004. Item # 4 continued.. C & P worksheet dated August 3, 2005 Under current rated disabilities; Hiatal Hernia 10% (7346) Item # 5: Service Connection for Right Arm Raynauds I believe the VA decided my case incorrectly in for Right Arm Raynauds as it is documented in my Medical Records which were available for review. I believe this condition should be service connected at 20% as I experience characteristic attacks four to six times a week. C & P August 29, 2005 9 (Arteries, Veins, Misc) In the Review of medical Records section it states Medical Records and claim file were Available and Reviewed. Problem listed Raynauds of the right upper extremity YES Item # 6: Service Connection for Bilateral Plantar Fasciitis The SOC states on page 26 this was denied as the VA examiner indicated there is no documentation to show it was clinically diagnosed. I believe the VA decided my case incorrectly in for Bilateral Plantar Fasciitis as it is documented in my Medical Records which were available for review. I believe this condition should be service connected at 10% as there is pain on manipulation and it is present in both feet. The use of arch supports does not relieve the pain experienced daily. On page 1 of the SOC a statement is made under Evidence of a request for medical records was sent to Ehrling Berquist with a response of no medical records being available as received August 3, 2005. These records were in possession of the VA as stated in the same area in the first entry. These records were for the period of Nov 20, 1984 through November 30, 2004. Entry in my Military Medical Record (MMR) April 01, 1993; States Left foot pain with a finding of Plantar Fasciitis Entry in my MMR 21 October 1997; States I went into the hospital at Scott AFB for left foot pain with it being tender to palpitation in Arch of mid foot Entry in MMR 31 October 1997; A Physical Profile was issued 31 Oct 1997 Left Foot soft tissue strain no running for 2 months. Entry in my MMR January 5, 1998; States Left foot pain with a finding of soft tissue injury VA Progress Notes November 23 2005 in part reads "…he has plantar Fasciitis..,” A/P lists in item # 3 bilat foot pain. Inserts for shoes for relief of Plantar Fasciitis were prescribed by PA Blankman, VA medical officer, in May of 2005.

I am getting my VA Fm 9 together now to appeal the decisions they had on 3 items. The question I have is do I have a leg to stand on if I show them where in a previous C&P evaluation they had me at 10% for a disability that they now say doesn't exist? It does I have the documents to say it does. they had then too.

After watching me go through the process the wife decided she too should go and place a claim. She started her claim in Aug of 05 and recevied notice this week she is 10% with claims pending futher review. The kicker is she filed after having seperated in 1990 and then subsequently returing via the Reserves for 3+ years 1998-2001. The pending items are for the time in the Reserve, but we believe we can make the case but it will just take time. Our efforts were spurred by both what I have been through and for the many women out there who have gone through so much and have not put in claims do to the perception there is no use in trying. So a small victory we hope will result in a few others being able to follow and file. We took notes on how long it took and the level of effort, a grand total of 3 hours and 5 10 min calls and 10 months of waiting. When you look at the returns the investment is grea even at 10% for a person who seperated and did not retire. Just a note is all Take care, Scotty

I suppose a FOIA request to the police asking for burlaries reported in the time frame mentioned would help in determining who it was. Then a review of the emial listings and phone rosters would help in gathering the title of the person. just an FYI

Okay got it Thanks Scotty

For the audience at large Thanks, Scotty

Wow, The packet arrived today. I am happy on 2 of the 6 items submitted. So there are 4 issues to be resolved. I need to digest this some more and then see what I am going to do.

whoo hoo

I just received a letter from my service rep, P&T has been granted! Now to find out just how and why.

Update, So it has been 2 weeks and here is the latest. Stay tuned for NEWs:)