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ShortArms

Seaman
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About ShortArms

  • Birthday 04/02/1947

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Previous Fields

  • Service Connected Disability
    50%
  • Branch of Service
    Navy
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    GrandKids

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  1. I sent my NOD appeal to the Oakland RO DRO on 12/3/2009. That's 4 years, 5 months, 7 days (or, 1619 days) but whose counting? About 6 weeks ago I got a response through IRIS that I would receive a letter in a "couple of weeks". Hasn't happened. I have called my county and the California State VSO offices and have been told that both BVA and NOD reviews take 5 years. The RO phone number has told me that my appeal is "ready for decision". My ebenefits shows "appeal pending" (step 1). I am starting to feel like I will be one lucky veteran to have a decision in the next 6 or so months. Unless it's not good news and I have to wait another 5 years for the BVA to rule.
  2. Not really asking a question here, just providing my experience on this issue. I already have a SC total knee replacement rated at 40%. In September of 2008 my knee gave way and I fell breaking my ankle in several places. I had surgical repair with internal fixation in my ankle. In December 2008 I claimed SC for my ankle injury and in November 2009 was granted an additional 10% upping me to 50%. (For some reason this was processed in Phoenix even though my local RO is Oakland.) By that time I received that award, I had been diagnosed with traumatic arthritus and bone spurs in my ankle so in December 3, 2009 I appealed to the DRO in Oakland for consideration of the new diagnosis. I also took point by point issue with other problems in the SOC. Sometime after that I was diagnosed with nerve damage including scar neuroma and tarsel tunnel syndrome. I forwarded that evidence to the Oakland RO just over a year ago. Then In July 2011, I filed a new claim for peripheral neuropathy in all my extremities. To my point, I probably have shot myself in the foot by trickling the new information in. I feel like every time I send something my file goes back to the bottom of the stack. 2 1/2 years and I don't think my appeal is advancing. I didn't go through my VSO because they had a history with losing my correspondence and generally dragging their feet. According to IRIS emails and phone calls the RO has what they need. I read somewhere that appeals are supposed to go through the RO that made the initial decision. I wonder if that is a wrinkle that is causing some of the delay? Oakland vs Phoenix?
  3. I appealed to DRO in Oakland 2 1/2 years ago. Ebenefits still shows the status in the first phase as "appeal pending". They don't have a section for DRO NOD so it is shown in the BVA status area. All the verbiage and status phases relate to BVA not DRO. I have had several C&P exams and have provided all my medical records. VA says they have everything they need to make a decision. Appears to me that Ebenefit status is worthless for appeals through DRO. Other experience? ShortArms
  4. I do get SSDI. Social Security includes a total shoulder replacement that is not service connected. I don't think that any of my medical documentation to the VA used the word "unemployable". The wording on the VA denial is "we denied entitlement to the 100% rate because it wasn't shown that you are unable to work as a result of your service connected disability/disabilities." and "entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities." Also goes on to say that 50% isn't enough to qualify and that they didn't submit it to the Director for extra-schedular consideration. In early correspondence they suggested types of acceptable evidence and they mentioned that letters or statements from people I know would be helpful. My wife wrote and gave a lot of information about her observations of my knee giving way and the falling. She wrote about my expression of pain and she listed personal and not so personal activities that I could and couldn't do. Their response is that "the lay statement does not meet the probative value of a medical opinion based on the lack of relative merits of qualification and analytical findings". She's a homemaker not a PHD. Why do they invite the information and then discard it? I haven't been using a vet rep for several years since it appeared they were just a middle man forwarding my information to the VARO in the same building. They had a lot of turnover in their office and some of my stuff was getting lost in their cracks. I started this latest claim on my own. Do the IMO's come from regular Doctors or are there IMO specialists? Are they expensive?
  5. I've had a claim in for a year for SC left knee and left ankle problems secondary to right knee SC problem. I was already rated 40% for the right knee after I got a knee replacement in 2003. Since then I have developed arthritis in my left knee and I broke my left ankle last year in a fall caused by my SC right knee giving way. I fall a lot. I received the award letter yesterday. They awarded 10% for the left knee arthritis and 10% for the internal fixation in my left ankle. They denied additional compensation for my right knee and denied IU. My new rating is 50%. My issue is that my right knee and left ankle are worse than months ago when I went to C&P and got documentation from private doctors. A new MRI shows traumatic arthritis in my ankle and my VA PPO doctor thinks that the pain I have is caused by nerve damage in the ankle. He prescribed a drug that is supposed to help with nerve damage. It does help some and I can walk short distances with a cane but it hurts like hell later. My right knee replacement is failing due to the additional weight I have been putting on it since my left ankle injury and motion causes pain in my knee. I haven't been able to work for about 15 months and I am 62. My question is what approach should I take to continue my claim? I know I need to go back to specialists for new diagnosis. Is there a way I can get back in the VA queue and not have to wait 2 years for an appeal since I just got the letter?
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