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ping jockey
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Posts posted by ping jockey
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Brothers and Sisters:
It's good to hear you'll get a "fair shake" in Muskogee. For seventeen years, the Oakland RO has been difficult and a challenge. They seem to "dismiss" any claim out of hand in Oakland. So, when ever I see it transfered, my hope goes up.
My most recent claim was decided in Chyenne Wyoming, and it went through with out a problem. This one is in Muskogee. The status in "e-benefits" reflects "VSO recommended a rating decision" and it's under review.
I hope it's soon; and I feel comfortable it will get approved, as my SMR is littered with entries for 5 years on Active Duty, and 17 afterwards. To boot my ENT made entries stating "which in my opinion has led to...".
I will let you know.
PJ
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Hello,
I had no luck scanning the info in this section for "how full time subsistence" is determined for a Graduate Degree. Six units at my school is considered full time, and I'm getting 3/4 subsistence. I could use the extra few dollars, as my claim is in the R.O. black hole.
Can anyone point me directly to the Voc-Rehab Manual the Counselors use? I'd like to point directly to the "authoritative literature" when I email my counselor.
On a side note. I find every agency, person, and department I deal with to be very accommodating when I can "cite the legal authority". It's very powerful, since they can't argue with laws passed by Congress.
Happy Memorial Day, and most importantly, I salute those who sacraficed all.
Ping Jockey
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Red,
Make complete sense, and IMHO (no such thing...
) 100% Disabled Vets served as long, hard and distinguished as 20 year retirees. There must be a way to push for this. Here's my Congressman's response.May 1, 2012
Mr. Peter I.
Dear Mr. X,
Thank you for contacting me to share your support for space-available flight privileges for retired military service members.
As you know, Space Available Flight is a privilege where military service members, their families, and service retirees are allowed to fill seats on Air Force air transport flights that would otherwise be left empty. The seats are made available on a "space-available" basis and are only done so once all the space-required (duty) passengers and cargo have been accommodated.
Currently, "gray area" retirees (National Guard members or Reservists who are eligible for retirement but under the age of 60) and surviving spouses and their dependents are not eligible for full Space-Available travel.
Legislation is pending in the House of Representatives, The Space-Available Act, H.R. 4164, which would extend full Space Available travel benefits on military aircraft to National Guardsmen, Reservists, "gray area" retirees, and surviving spouses and their dependents, which would allow them to fly with the United States and internationally.
Certainly, given the enormous sacrifices that National Guard Members, reservists, and spouses make in today's modern military, extending Space-A travel to them would be a small, but significant gesture to recognize their efforts in helping to ensure our freedom.
I look forward to reviewing this or similar legislation when it comes before the full House for final consideration. I will certainly keep your support in mind at that time.
Sincerely,
GEORGE MILLER
Member of Congress
P.S. Keep up with the latest news from Washington at GeorgeMiller.house.gov and Facebook.com/RepGeorgeMiller.
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Cooter,
Check out this Google search for "sleep apnea opiates": https://www.google.com/#hl=en&sclient=psy-ab&q=sleep+apnea+opiates&oq=Sleep+Apnea+from+op&aq=2q&aqi=g-q4&aql=&gs_l=hp.1.2.0i22l4.726.9744.0.12358.33.20.7.5.5.0.367.3125.4j14j0j2.20.0...0.0.DJI93qYHopA&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&fp=8768aa6d38cfb11e&biw=1059&bih=775
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Dear fellow Veterans:
Today I sent a simple email message to my Congressional Representative George Miller. I'd encourage all Veterans to send a similar message to their Representative to advocate for this Tax neutral benefit for Disabled Veterans. You can copy my message below and adjust it accordingly.
Dear Honorable Miller:
Currently, I'm a Disabled Veteran, being well taken care of by the V.A. in Martinez C.A., and for that I am grateful.
In the next few months, it's likely I will be rated 100% disabled due to respiratory and other challenges. Thankfully, I can still walk and hike in a limited capacity.
With my limitations I can still travel, and recently discovered that Disabled Veterans (especially 100% ratings) are not eligible for Space Available travel on DOD aircraft.
Further, it's my understanding numerous Bills have been introduced to both the Senate and House, and none have survived or passed for signature by my Commander-in-Chief.
As a Citizen, and Disabled Veteran, I'd appreciate your advocating for this important Veterans' benefit which would be a negligible cost to Tax Payers, and a great social and morale booster by enabling Veterans to visit family in our mobile society.
Respectfully yours,
Peter Cxxxxxx
Disabled Veteran
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"Last September the VA approved my SC Depression secondary to respiratory distress "
can you tell us how the VA defined the respiratory distress ? ( was it regarding your sinus problem?)
My Rating Decision Letter says Major Depressions as "SECONDARY TO SERVICE CONNECTED CHRONIC BRONCHITIS" (50%).
"I NEVER had breathing problems before I was exposed to a paint/chemical factory that exploded while in Boot Camp at Great Lakes.
Four months later, OCT 1988 I started to have Chronic Sinusitis, Bronchitis, and Respiratory Distress."
Was the explosion the actual nexus for that award?
No, I only realized and discovered this event by working with an Allergist this year - 2011.
I am submitting evidence of the explosion now with connection for Chronic Sinusitis and OSA secondary to CS.
"I am concerned she is going to say this condition was pre-existing or an abnormality."
I would not worry about it unless she stated this in the med recs as what she thought was cause of your OSA.And that can be overcome with more evidence.
I'm no longer concerned about this.
My ENT made Medical Record entries - see here:
"Chronic Sinusitis is a significant contributing cause and factor of OSA (Obstructive Sleep Apnea) "
that is a well known fact in the medical community.
Understood.
However, how do I "STRENGTHEN' the NEXUS between - - "Explosion > Persian GW1 Aggravation > Chronicity to establish that NEXUS".
I'd rather avoid being in an Appeal for 5 years.
"the Dr. told me flat out in the first 10 minutes "I will be denying this claim today because there is NO link between OSA and Bronchitis"
Some of these VA doctors step way out of their bounds.
NO kiddin here Berta & Carlie...unbelievable BUT not surprised.
SO glad I told him to wait on my claim because I wanted to see my Doctors and D.A.V. rep.
Although this is a Swedish study- PubMed publishes legitimate abstracts and medical info.
"CONCLUSION:
OSA is twice as common in subjects with chronic bronchitis as in subjects free of pulmonary disease or symptoms.
AWESOME....I love this website and you too.
I should "re-amend" my claim as Secondary to Chronic Bronchitis AND Chronic Sinusitus.
Copyright 2001 S. Karger AG, Basel"
http://www.ncbi.nlm....pubmed/11416244
I am sure there are more associations on the net and even in some BVA cases.
You can succeed on this-I have no doubt-
I fell much more confident having waited to FULLY develop the EVIDENCE.
Again, HOW do I strenghten the NEXUS between CHRONICITY so it's recognized as NEXUS?
BTW are you still employed?
LONG story; on and off; but generally no; I'm currently in Voc-Rehab and happy about it.
I am always thinking of potential TDIU.
I really want to work again once I finish my Masters Degree.
Thanks for this update.
I always look for the 'landmines' too and I see you do that as well-more vets should consider these potential statements that -if documented-can damage the claim and then the vet has th time and ability to overcome whatever negative stuff VA says.
I hope with the Elders here, I can draw a ROAD MAP and MODEL for others to SEE by posting PDF files.
Of course you could consider getting an IMO from a real doctor but I think you can prevail here without a costly IMO.
I was struggling with whether or not I should do this; but it seems like I don't need to.
That doctor's statement as to denying the claim really pisses me off- I guess he thinks he is a rater too.
I bet he had NO pulmonary credentials at all.
HE was a "nurse practioner".
I could tell he was NOT fully qualified to render the MEDICAL OPINION in "adjucating" my claim.
Gov't is slow & wrong at times - it was BEST to NOT argue; just retreat, fully develop my claim and resubmit.
Six more months to finish the EVIDENCE is better than fighting an appeal for 5 years.
Enternally grateful,
Ping Jockey
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Happy New Year Brothers and Sisters,
Short story first; While at the V.A. last week I saw a young 22 yr old women Vet who just came home from Iraq. She had an assisted walking device b/c her legs were shattered from her knees down. She was in "great spirits" and I had to talk to her. Well, she had no clue she is eligible for Comp, so I put her in touch with D.A.V. and this website. I hope she drops in to discover the help she earned.
Below Teac opines my V.A. Dr. is simply "restating what the Veteran" is saying (me). That's Understandable with incomplete information.
So here's a "REDACTED REAL EXAMPLE OF MY CLAIM" for Vets to comment on and use as a ROAD MAP or MODEL in developing their claims.
CHRONIC SINUSITIS FACTS:
I believe the Chronic Sinusitis Evidence is strong enough to establish "SC" based upon the "THREE PRONGED LEGAL REQUIRMENTS" (I think of it as the Veterans SC Trianlge - like the three side of the fire triangle for us Navy types - oxygen, fuel, and heat)
- An Injury or disease caused by or aggravated by active duty service - in my case an "event" - The Chemical Plant Explosion Expsosure establishes causal connection.
- An injury of disease caused by or aggravated by active duty service - in my case an "aggravation" - Further expsosure to environmental pollutants on Patrol in North Arabain Gulf - GW1.
- A current chronic (not acute or transitory) Condition shown by "medical evidence" - My SMR has a long history of medical treatment on A/D and after at the V.A.
- A NEXUS, NEXUS, NEXUS between 1 & 3 or 2 & 3 - meaning a relationship, connection, or link - THIS STEP CLOSES THE BASE OF THE TRIANGLE.
Again, I think I should have no problem with Chronic Sinusitis.
MY CONCERN IS ESTABLISHING "SC" FOR OSA (Obstructive Sleep Apnea) SECONDARY TO CHRONIC SINUSITIS.
OSA FACTS:
- I am "presuming" the event above (explosion) and aggravation (GW1 pollutants exposure) are adequate for "CAUSATION OR AGGRAVATION".
- It's a CHRONIC CONDITION - I've been diagnosed and have a CPAP machine now - THANK GOD!
- BUT, BUT, BUT - I am concerned the "NEXUS" portion for OSA secondary to Chronic Sinuitis is week, even with the BVAs case I submitted that supports OSA secondary to CRS.
ATTACHMENTS FOR COMMENT & DISCUSSION:
EXPLOSION ARTICLES:
GREAT LAKES CHEMICAL PLANT EXPLOSION.pdf
Thanks for your help and Happy Holidays,
PJ
- An Injury or disease caused by or aggravated by active duty service - in my case an "event" - The Chemical Plant Explosion Expsosure establishes causal connection.
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Hi Vets,
Thanks to those who helped with my crack tooth last week. I was able to 'SAVE" it; a good thing.
Last year a great V.A. Allergist and ENT finally zeored in on my respiratory and sinsus conditions. The ENT did a through exam, CT scan, and verified the blockages with a Fiber Optic Scope. Sure enough she DX's me with severe Chronic Sinusitis (CS), opined it is definetely a contribution factor to Obstructive Sleep Apnea (OSA), and she referred me to Neurolgoy to confirm the OSA DX, which they did.
Six weeks ago the ENT peformed a major turbinate reduction and rhinoplasty....hopw no else needs to go through that one.
My quesiton is, does the Attached Progress Notes and News Paper Articles establish Nexus and causation or do I need a better statement?
Thanks again for all our help,
Ping Jockey
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Fair enough Carlie, thanks for the rapid response; I'll just find another way to get it fixed.
Love this website,
Ping Jockey
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Hi,
I cracked a tooth tonight while eating dinner that needs Dental Attention tomorrow. I'm currently rated 60%, and low income. Can I show up at a V.A. Dental Clinic and get this tooth taken care of???
Throbing tooth wants to know.
Thanks,
PJ
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Hello Vets and families,
It's been a while, so HELLO
T-Bird, Berta, Carlie, Pete 992, all you Elders and contributors that I CAN'T remember cause of.....?????.....oh yeah memory issues.Last September the VA approved my SC Depression secondary to respiratory distress and other issues. THANKS Hadit.
It's a 50% rating and now my total is 60%. That claim was straight forward considering a DX right after discharge.
CURRENT STATUS AND CONDITION:
Most recently, I had two sleep studies done. The first one came back "normal" (that's VA normal
). It was obvious it was not right the first time, and I had the Neurologist ordered a second one.
WELL, the 2nd one had MODERATE to SEVERE OSA when on my back. Like Carlie says.......BE PERSISTENT
Secondly, I have Chronic Sinusitis written ALL over my SMR and have been taking meds, inhalers, and nasal risnes since active duty.
Chronic Sinusitis is a significant contributing cause and factor of OSA (Obstructive Sleep Apnea).
I'm going for mild Sinsus surgery in September to help with the OSA and Chronic S.
HERE'S MY CONCERN:
In January I submitted a claim for SC for OSA secondary to Chronic Bronchitis (I have both Chronic Bronchitis and Sinsuitis).
In April I had a C&P exam and the Dr. told me flat out in the first 10 minutes "I will be denying this claim today because there is NO link between OSA and Bronchitis".
Told him, ok I hear you but please keep my claim open because I want to go back to the Plumonologist and Neurologist.
I discovered that Chronic Sinusitis is a signifcant contributing factor to OSA with a BVA case decision..
In May - June I went to the ENT Dr. and she said "people as blocked as you with Chronic Sinusitis definitely develop SA".
She entered this in the Progress Notes and TOLD me I will make this entry so the Neurologist KNOWs how severe it is.
She also told me She was going to "Service Connection Claims Training " in July.
In June I submitted a claim for Chronic Sinusitis.
Late July, I amended my claim for OSA secondary to Chronic Bronchitis to OSA secondary to Chronic Sinusitis with 20-30 pages of evidence.
Today (August), I saw her for my "Pre-op" appointment and she looked at my tonsils and tounge for the THIRD time.
THEN SHE STATES "oh you have a really small airway and big Tonsils and I just realized that's why you have SA".
Her statement disturbed me and I am concerned she is going to say this condition was pre-existing or an abnormality.
I NEVER had breathing problems before I was exposed to a paint/chemical factory that exploded while in Boot Camp at Great Lakes.
Four months later, OCT 1988 I started to have Chronic Sinusitis, Bronchitis, and Respiratory Distress.
SHOULD I BE CONCERNED or am I just being hyper-sensitive??????????
Is there anything I should do???
I will pull the Progress Notes Friday to verify what she entered into my Medical Record.
Thanks for all your support,
Ping Jockey
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Thanks NK, and JB,
Say, I can convert my Claim work to PDF files and post it as an example.
DAV, and V.A. Doctors, said the biggest problem in processing claims is they are not prepared properly causing a massive backlog.
I can redact out any personal information very easily.
Let me know.
Separately, I have a ton of other stuff on my plate.
Finishing my Accounting Degree, going on for a Master in Taxation (Voc-Rehab....YEAH!!).
If anyone can point to the links for 100% ratings, the impact on Voc-Rehab, and other benefits I'd appreciate it.
I'm gonna start looking.
Thanks again to all,
PJ
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Congratulations!
So, did they give you 50% for Sleep Apnea Secondary to one of your other conditions, or how did it work?
Thanks
Hello Brothers, and Sisters,
Its been awhile, so wanted to stop by and say hello, with an update, and to answer your questions.
Broncovet:
Master Chief; I just amended my claim for Sleep Apnea from secondary to "Bronchial Respiratory Distress" to secondary to Sinusitis.
During my last C&P Exam the Nurse Practioner said he was denying my claim in the first 15 minutes, and asked if I wanted to continue with the Exam.
He said there are ONLY two causes of SA; Central SA (brain signaling to the lungs), and Obstructive SA (physical anatomy blocking the airway when relaxed).
He also said there are NO other medical nexus (links) for SA. This Examiner had his mind made up.
I just rolled with his reasoning, humored him, and told him to place my claim in the holding pattern until I get back with the Pulmonologist, and Neorologist.
I discoverd SA has a reasonably strong causal link to Sinusitis depending on the severity of the Sinuitis.
The ENT (ears, nose, throat Dr.) did and MRI, and my right side (under the eyes) is 100% swollen shut, while the left is closed off and 90% shut.
She is a great ENT. She scoped my nasal passages to verify, and it's a severe case of Chronic Sinusitis.
She Opined to me, "People as blocked as you definitely experience SA, and the Sinusitis definitely contributes to SA".
Further, I discovered a BVA case decision, that clearly establishes the causal nexus between Sinusitis, and SA (link below).
The same day; I pulled 10 notations from my SMR, post active duty treatment notes, took pictures of the massage tools for my neck, my night guard, and air purifier.
I Amended my claim in the frame work of the BVA decision below (my case is nearly a mirror image of this case).
BVA DECISION ON NEXUS BETWEEN SINUSITIS, AND SLEEP APNEA
THAT Nurse practioner pissed me off; insulted my intelligence, and dismissed me out of hand.
The good news is I prepared what I think is a bullet proof "Statement in Support of Claim" (hopefully but confident).
THAT bastard will have to do more research to discredit my claim than I know he is willing or capable of doing.
Navydoc2:
Chief, they did two home base SA studies so far....ie no mask.
Separately:
My Sinusitis is likely going to be rated 50% (surgery is reccommended)
SA secondary to will likely be 50% too.
I'm currently 60%, and about to be approved for Voc-Rehab.
If I get 100% rated will that be a problem for Voc-Rehab???
Thanks to all.
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Vets, Families, and Friends,
Thanks for your inputs; it's been helpful.
Hopefully this paves a new path for Vets/Families in my wake.
For those discovering this later here's a summary of my experience:
SC at 0% in 1995 upon discharge, and increased to 10% 2002.
2009 applied for Voc-Rehab (Chap 31) at 10% SC........."Deee-NIED" immediately.
2009, found Hadit.com resource, and bumped into old retired Shipmate (Chief) who was now a DAV rep....God send.
He's explained how the process and rating system works in General.
My "POA" (Power of Attorney) was with the VA.....HELLLLOOOO....wrong place for that kind of authority.
Late 2009, transferred my POA to DAV Rep, submitted claims according to his instructions.
September 2010, 9 mos later SC increased to 60% for a condition characterized as "SECONDARY TO A PRIMARY CONDITION".
A SECONDARY TO condition is for "OTHER" bodily systems that are effected by a primary condition.....THIS IS IMPORTANT!!
Reapplied for Voc-Rehab in 2010; as I was about to finish my Accounting Degree. Need 150 College Units now to get a CPA license.
VRC (Voc-Rehab Counselor) had no problems approving me, BUT wanted to CLOSE IT because I wasn't about to START training in 90 days or so.
The University folks were not helpful at first; the Master's Degree Office said "we never heard of an Eduction Plan".
I ran around the University for a month (delay worked to my advantage) trying to find the department that will create an Eduction Plan.
Befriend an English Exchange Student in the Master Degree Office; AND low and behold they HAD examples; JUST like everyone said on HADIT.
I have an appointment May 12, to finalize my Education Plan.
Current Status and issue?????:
I've compiled an Education Plan, sent it to my VRC, and have an appointment May 12, 2011.
The School requires I take the GMAT, and a review course in both Statistics, and College Algebra.
Fulfilling these requirements definitely puts me past the 23 month, and 21 days of Chap 31 Benefits remaining.
There is an alternative (and better program) school that would waive these requirement based on my experience, and 3.76 GPA.
The benefits of this alternative plan are as follows:
I can complete school in 12-18 months instead of 24-30 months (I ONLY have 23 months of benefits left).
I can get back to work SOONER, and the commuting arrangement saves me cost.
Most importantly the commute arrangement accommodates less stress, by permitting me to study or cat nap on the hour long Ferry ride.
What's most important to me is getting started sooner, finishing sooner, and the commute, study, and stress arrangement.
QUESTION:
Should I bring this "ALTERNATIVE PLAN" to my VRC attention before my May 12 appointment?
Should I just compile all the information, and then meet with him to discuss it?
I don't want to derail what I have in the pipeline, and need to gracefully steer this in the other direction.
My thoughts are to notify him immediately so he doesn't do a bunch of work on a plan that is "SECONDARY".
As always, with gratitude to my fellow Vets, and the families who support our troops.
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when your counselor asked for a educational plan from csueb. I believe she meant a degree plan. Thats what my counselor wanted and this link goes to what I gave her and she was satisfied with it.my educational plan
Hello, T-Bird, Berta, All,
Thanks Chucknewcomb. After running around for a few weeks, I finally got the "Ed Plan", and as you all said; it was the simple Ed Plan sheet's the School uses to develop a plan.
I submitted it to my VRC, and he shot back an email with an OBVIOUS assumption that most people would regard as an attempt to "scuttle" the case. My relatioinship with my VRC is fair, but he's looking for a way out, AND I AM NOT GOING AWAY.
What I'd like to know is how to gracefully request a new Counselor. I'm about to get approved for the program, and once I do I'd like to have a new VRC for the duration. I don't trust this guy, and I need all the help the program has to offer: training, health, submsitance etc.
Any sage words of wisdom would be appreciated.
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My Counselors response!!
Any suggestioins??
Mr.,
I am basing my recommendations on your previous email dated 1/15/11.
If you have everything in place and you are ready to go this Spring 2011, I don't see any issue supporting your training at CSUEB.
I receved the clearance from your medical provider allowing you to participate in rehab training.
My understanding is that you have to complete CSUEB requirements, e.g., GMAT, etc prior you entering their programs.
My concern is, your case can only stay in one status for a limited period of time and cannot stay in one status until Fall 2011.
But if you are ready to participate this SP 2011, please provide me with information relevant to your training, specifically, an educational plan from CSUEB.
Please advise.
Thank you.
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Hello,
Been a while since I've posted, and I spent a few hours trying to find the answers to my quesitions tonight.
I do want to extend my thanks to T-bird, Berta, and all the Elders who support this site. Because of you I'm now rated 60% instead of 10%.
Currently, I'm trudging the road toward Voc Rehab approval, and here is the situ.
I finish my Accounting Degree in 8 months.
I applied for VR in Nov to get my masters degree.
Getting a CPA license now requires 150 college credits.
The masters program starts Spring 2012; Fall 2011 in not realistic.
Met with counselor.
Dr. Cleared me for training.
VRC told me to gather ALL the education info for getting a CPA license.
I submitted it, and he's asking for an "Education Plan".
I have to finish my Accounting Degree before getting into the Master Program.
Counselor, says my application can't stay in "one" status to long, and he is asking my permission to "disconnect my claim".
1. What is an "Education Plan"?
2. Should I disconnect my claim, and reapply in 2/3 months?
3. Should I keep it active, and move forward?
4. Is keeping an application in "one status" a real issue for the VRC, and/or me?
5. What's the big deal on time? It's takes a lot of time, and work to prep for Grad School anyway.
6. HOW do I keep this alive, and moving forward?
Again, thank you all for your dedication to helping Vets.
I had many dark nights at sea, and for 5 years after discharge.
Discovering Hadit was like seeing the crack of dawn, and experiencing the calm after a Typhoon in the South Pacific.
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Hi,
I've had a severe respiatory distress condition that started 5 months after arriving on my first ship in Long Beach. It was mis-diagnoised numerous times, and before active duty, I was in triathlete condition. I've heard every story under the sun from Navy Corpsmen, and VA. doc's (just doing there best). I've been part of the GW1 research. After discharge I sought treatment immediately at the VA, and was awarded 0% for four conditions. Seven years later, I was awarded 10% for Allergic Rhinitis. At this point in 2002, I was resigned to 10%. In late 2009 I found this website, and started looking into resubmitting my claim for an increase. This site, Berta, and others post were awesome!!! It provided the framework, and the "WORDS", that the VA NEEDS TO HEAR. I was able to identify the medical conditions I was suffering from and once I said those magic word it was if the VA doc's finally heard me. Coincidentally, I bumped into a retired Chief who became a NSO for DAV. He helped get my claim through for "Depression" secondary to the respiatory condition. NINE months later I'm at 60%.
The thing in NEVER stop searching for answers. The VA sent me to an Allergist this time, and she asked me to think about any odd "INCIDENTS" that occurred to me. I had totally forgot, and didn't think much off it, but when I was in Bootcamp at Great Lakes a chemical plant exploded adjacent to the base. I was double timing across the base, and upon return to the barracks they set a circle william condition. NO ONE was allowed outside for 24 hours. The Allergist FINALLY said "it sounds like you received a chemical burn to your upper respitory system, and it was exacerbated up in the PG after GW1". I ALMOST FELL out my chair with shock that someone finally said something that made sense.
I recently had a sleep study and my VA primary said it looks normal. That didn't sound right so I did a ROI (request for information), and the Allergist said although they say it's normal, the readings of the test are problematic. At this point I could care less about getting my rating increased for now. WHAT I NEED IS THE CPAP MACHINE, so I can get sleep. Everyday I wake up and it feels like someone tightened a vise grips on my neck, I don't sleep great, and my wife say's I scare her because it sounds like I stop breathing.
ANY suggestions on how to get my VA primary a new pair of glasses on this one?
A dear friend of mine has the machine and says he finally feels rested.
If anyone could point the way on how to read SLEEP APNEA result that would be great?
Thanks to ALL, and especially T-bird for having this website.
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1. NO
2. You will not get retro back to time of separation.
Thanks Carlie,
- I never did file a claim for D&A until this year.
- I have had a claim for Respiratory distress since 1994.
- But what I hear you saying is; even though I do, and it's rated at 0% when it gets increased it's not retro in time, it's only from now forward.
Thanks again, I truely appreciate it.
38 CFR 3.400
Effective Date Regs :
http://edocket.acces.../38cfr3.400.pdf
38 CFR 3.156
http://edocket.acces.../38cfr3.156.pdf
38 CFR 3.157
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Ops hit a wrong button so it's posted twice:
Hi Everyone,
As the board suggest I have been searching for info on the board; however; I'm having trouble deciphering all the mumbo jumbo.
First, thank you to all of you who have supported this website. This site is an oasis for making Vets feel normal with so many conditions that can make us feel "abnormal" socially, physically, emotionally, and vocationally. I really have the feeling "YOU ARE NOT ALONE HERE!".
I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988.
To summarize:
- May-June1988, Bootcamp at Great Lakes: A paint & chemical factory explodes adjacent to the base while delivering mail across base as Yeoman. Circle William Condition gets set.
- Oct 1988: Chronic Bronchitis & Rhinitis breathing problems start.
- 1990-1993: Chronic Bronchitis & Rhinitis gets progressively worse, and depression & Anxiety develops while on active duty, although this fact is not part of my SMR.
- Jan-Jul 1994: Tour to Persian Gulf enforcing UN resolutions on Iraq. I believe my Chronic Bronchitis was exacerbated by tour in North Arabian Gulf.
- Sept 1994: Honorable Discharge, and Chronic Bronchits & Rhinitis progresses to daily cough, post nasal drip, mucous. Depression & Anxiety progress.
- Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.
- Apr 1995: VA grants service connection at 0% rating for Chronic Bronchis & Rhinitis, & Eczema.
- 1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.
- 1997: VA diagnosis for Neurotice depression 300.4 & Depress Unspecified 296.2; I just discovered this in my records (I keep good records).
- 1998: File for increase rating for Chronic Bronchitis & Rhinitis, Eczema 0% rating continued.
- 2002: File for increase & VA splits Chronic Bronchitis (0% conitnued) apart from Chronic Rhinitis (increased to 10%). Eczema continued.
- 2009: Continuously under the care of Mental health at VA since discharge. Taking meds for 10 years now for Depression & Anxiety.
- Aug-2009: Serious bout of Chronic Bronchitis has me in bed for a month. Experience three nightmares of suffocating in six months.
- Nov-2009: Realize my POA is with VA, and move my POA to DAV to a former shipmate who is a NSO for Oakland DAV. He's good, and I trust him.
- Nov-2009: Apply for increase for Chronic Bronchitis, Chronic Rhinitis, Eczema, and for Depression & Anxiety secondary to Chronic Bronchitis etc.
- Apr-May 2010: VA allergist Dr. test NKA, She was really good too and fair, and states "it sounds like you received a chemical burn to your airways, and then it was exacerbated by the tour in the Persian Gulf". I nearly fell out of my chair that someone at the VA is finally using common sense combined with medical conditions to make reasonable decisions.
- Aug-2010: VARO sends request for evidence. I have compiled a nightmare dream journal in email format to my DAV rep as evidence.
- Aug-2010: C&P exam w/ Psychiatrist; he really listened, treated me fairly, & made the report over the phone in my presence. It sounded like he affirmed the diagnosis.
- Aug-2010: While reviewing my records I discover the VA depression diagnosis from 1997 mentioned above.
SO, as the boards rules state; I've been looking for information of "Retro-active" pay & benefits, but have not been able to make much sense of what I'm finding.
What I'd like to know is:
- Would I be able to file for retroactive pay if this is the first time I requested SC for Depression & Anxiety secondary to Bronchiits, considering I have a diagnoiss from 1997.
- When I eventually get an increase for Chronic Bronchitis how do I go about file for retro to the time of discharge.
Essentially, HOW does the retro process work. Point me in the right direction, and I will read up. Thanks so much.
-
Hi Everyone,
First, thank you to all of you who have supported this website. This site is an oasis for making Vets feel normal with so many conditions that can make us feel "abnormal" socially, physically, emotionally, and vocationally.
I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988. I'll try to summarize the issues in a brief format:
- May-June1988, Bootcamp at Great Lakes: A paint & chemical factory explodes adjacent to the base while delivering mail across base as Yeoman. Circle William Condition gets set.
- Oct 1988: Chronic Bronchitis breathing problems start.
- 1990-1993: Chronic Bronchitis gets progressively worse, and depression & Anxiety develops while on active duty.
- 1994: Tour to Persian Gulf enforcing UN resolutions on Iraq.
- Sept 1994: Discharge, and Chronic Bronchits progresses to daily cough, post nasal drip, mucous. Depression & Anxiety progress.
- Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.
- Apr 1995: VA grants 0% rating for Chronic Bronchis, Chronic Rhinitis, Eczema.
- 1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.
- 1997:diagnosis for depression 300.4 & 296.2; I just found this diagnosis in my records (I keep good records).
-
Merry Christmas from the VA. :)
See my denial letter below.
The counselor never even met with me to discuss my issues.
It never makes sense. My brother is a retired Chief and got Voc Rehab for a full bachelors degree
in Computer Science. He was at 30%, for skin, arthritis, and something else. And, he already had an Associates degree.
12/23/2009
Mr.
150 Rankin Way
#
, CA 94510
Dear Mr. :
I regret that I must deny your request for Vocational Rehabilitation and Employment services. My decision becomes final in 30 days unless I receive new evidence that leads me to make a different decision. This letter provides the following information:
- Why you don’t qualify for Vocational Rehabilitation and Employment
- The evidence I considered
- The effect my decision has on other VA benefits
- When you may reapply for Vocational Rehabilitation and Employment services
- What you can do now if you have questions or you disagree with my decision
Why don’t you qualify for Vocational Rehabilitation and Employment services?
Vocational Rehabilitation and Employment is a VA benefit based upon the individual needs of a veteran. To find you entitled, we must prove you meet all three of the following conditions:
1. You have difficulty getting or keeping a job that matches well with your interests, skills, and talents.
2. Your service-connected disability is a part of this difficulty.
3. Your education or training doesn’t overcome this difficulty.
After carefully reviewing the evidence, I find that you already have the education and training to qualify for a suitable job. You do not need Vocational Rehabilitation and Employment services at this time.
2.
Mr. Peter , XXX-XX-XXXX / 00
What evidence did VA consider?
In making this decision, I considered the following evidence: your work history, your level of attained education, your rehabilitation needs. SINCE YOU HAVE ONLY A 10% RATING, YOU MUST HAVE A SERIOUS HANDICAP TO EMPLOYMENT. I AM UNABLE TO GRANT YOU THAT ENTITLEMENT. Therefore, your 12/28/09 appointment has been canceled.
Does this decision affect other VA benefits?
No. You may continue to receive your present VA benefits. You may also apply for other VA benefits if you believe you may be eligible to receive them.
May you reapply for Vocational Rehabilitation and Employment services?
You may reapply for Vocational Rehabilitation and Employment services if your situation changes. I or another VA counselor can provide additional information.
What can you do now?
If you have questions . . .
Contact me during normal business hours at .
If you disagree with my decision . . .
You or your accredited representative have the right to request an administrative review or to formally appeal this decision. The next page explains what reviews and formal appeals are and how you can request them. (I suggest you reapply if/when your rating is changed to 20% or greater.)
Sincerely,
- Why you don’t qualify for Vocational Rehabilitation and Employment
-
ping,
Welcome to Hadit.
Lots of Voc Rehab info to be found here:
http://www.hadit.com/forums/index.php?showforum=86
carlie
Thanks Carlie,
I read through most of the Voc Rehab stuff, and was wondering:
If anyone knows of/ or had similar circumstances with getting approved at 10%?
Should I write my own Voc-Rehab plan. It sounded like my counselor wanted me to do that?
Happy Holiday,
Ping
T-Bird, Berta, Carlie, Pete 992, all you Elders and contributors that I CAN'T remember cause of.....?????.....oh yeah memory issues.
). 
Help Filling A Nod
in VA.gov Questions (formerly E-Benefits)
Posted
Hi BG21,
An NOD form would be included with your "Letter of Notification". I'd suggest reading through this website, and consider engaging the D.A.V.. They have been very helpful and knowledgable.
PJ