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Gastone
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Posts posted by Gastone
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A redacted copy of the TBI/PTSD Award would be a great Read.
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Have you had a VA Forensic PTSD C & P Exam yet? If and when you do, a redacted copy of the PTSD DBQ would address at least (3) of your Claimed issues.
With your current 20% CSC, you're ineligible to file for a Scheduler IU Rating, so unless your CSC Shopping List gets to the required Rating's numbers; you would expect an Administrative Denial of that Claim. However, if your "EOR" Evidence of Record supports a finding of an Extra-Scheduler Award, the Final Decision would be Made by the DC Rating HQ MFIC. Vet's that get an Award indicating a 90% CSC will see "Individual Unemployment Claim Inferred" based on the EOR. It's not an automatic Award, the Vet would then have to file the Official IU Claim including the last 5 years of Employment and Earned Income information.
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GR, are you sure your POA-VSO AMVETS, didn't list your 2007 SA DX as Secondary to Asbestos exposure on the very 1st Claim? Do you have a copy of the 1st SA Claim? About time to visit your VSO and request a copy of the Original 1st SA Claim. Certainly wouldn't be the first time a VSO screwed up filing a claim.
According to the TV Lawyers "Hustling" for Mesothelioma Claims, all Ship Builders, Squids & Jar Heads with Historical Shipboard Service, were exposed to Asbestos.
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You don't get to the BVA Docket Number Intake Assignment until your RO Has Certified your Appeal as complete (all N & M Evidence addressed, SOC/SSOCs completed) and ready to go.
Have your VSO-Rep check the status of your C-File, has it been Certified and Electronically Transferred to the BVA?
What does your E-Ben site Status of Appeal say?
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How about posting redacted copies of your MSR that addresses the Sleep and snoring issues including the referral for the In-Service Sleep Study?
An SA 50% Award = serious $$$, consider spending $150.00 to see a Non-VA Sleep Specialist, preferably a Board Certified Neurologist that specializes in Adult SA. A couple local Vets that I pointed towards my SA Dr., left his office after the 1st visit with Clinician Notes addressing the likely Nexus of their SA. His "Treatment Notes from my 1st appointment, got my Secondary Award on the first try in 2012.
What happened to your Sleep issues from Discharge to 2011? No medical follow-up in 2006/07, your 1-year Presumptive SC Period?
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If you were DX'd while on active duty with Sleep Apnea (OSA, CSA or Mixed SA), you don't have to prove an Etiology, SMR's documenting the DX is all that is necessary. How long ago was the in-service SA DX?
This SA Claim is a New Direct SC Claim, regardless of Nexus Condition. You do have all your SMR's verifying the In-Service Sleep Study and subsequent SA DX, correct? Are you still using the VSO-Rep that assisted or filed your 1st VA Claim, might be time to rethink that decision? Did you withhold the SA In-Service DX and treatment from the VSO-Rep on purpose?
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To Whom It May Concern, do you really believe a Vet with 7 SC's rated at 10% each (school math 70%), has the same Disability Picture as the Vet with a 50% SC and either a 30% (=15%) or a 40% (=20%) that ends up with a 70% CSC?
Might be time to dig deeper into the 38 CFR discussions regarding Degrees of disability and how they affect earning capacity. A Vet with (7) 10% SC would in most cases not be physically or mentally Handicapped to the extent of a severe Earned Income Reduction.
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A VA Notice of Reduction is Appealable, follow the instructions on the Last page regarding the Appeal, DO NOT DRAG YOUR FEET, File the Appeal requesting a personal Hearing. You only have 60 Days from the Date of the Notification Letter.
You might want to do an, "At Ease" as to the VA Lawyer at this point.
How about posting Redacted Copies of both Knee C & P's? Might not be a bad idea to refrain from the "Liar" and conspiracy assertions, doesn't help your case.
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A petition to change a long-standing Law regarding the SC calculation that has been in effect since (?) WW1 or WWII, really? What exactly (Legal Wise) do you find fault with?
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Due Diligence, Due Diligence, DO YOUR DUE DILIGENCE!
It takes a number of years for a Healthy Individual, to recover from a major move. Neither of you would be considered Healthy.
Your above-mentioned locations are very questionable, except for a Warm extremely humid climate. What do his kids recommend? A 100% DAV friendly US Property Tax State could save you in excess of 7 to $10K++ a year. You've got your work cut out for you, a mistake could be very costly.
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PC, are you handling all your Appeal and Claims filings on your own, without advisory assistance from a VSO Rep? That might be the problem, filing for Increases that might touch on non-adjudicated Appeal issues, is somewhat a waste of time.
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All Comp Claims, requesting a New, Secondary or Increase are viewed are mandated by VA Reg, to be viewed as the Vet is requesting the maximum Service connection Award Allowable, too include IU and SMC; regardless if IU or SMC is specifically Requested by the Vet.
If the Vet's SC Disability Picture is of such severity, the Rater can forward to DC a request for an Extra-Scheduler IU Award; regardless of the Vet's SC's not meeting the Scheduler IU Filing Requirements.
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At only 1 SC of 50%, you're not Scheduarly Eligible to file a Claim for IU. You'd end up with an Administrative Denial.
Start a New Claim for Increase on you E-Ben site to establish the File Date, just don't hit the Submit BUTTON, just yet.
How about posting a redacted copy of your Rating Award and the DX indicating the need for Supplemental Home 02. That should be in your My Healthy Vet (MHV) on-line Med records. Check your "Treatment Notes," for the info.
Any luck on your BVADecision search? BVA Decisions don't usually become "President" or Precident Setting. They do give you an idea of the BVA's mindset regarding 02 home use.
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When you open the BVA Decision search, you'll see about 5 Criteria Lines. on the 1. search Decisions where any of the following words appear. Supplemental oxygen use and whatever your SC "DX" Diagnosis is listed as. That should pull up a couple from 14 -15 and 2016.
Might take me a bit to locate the (2) I mentioned. Keep in mind, generally, BVA Decisions don't become "President Setting." However, if you found a Remand or outright 100% Award, mirroring your exact situation, referencing it in your Claim or Appeal could be a Deal Maker.
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Forgot to mention, do a BVA Decision search for 2015 & 16 using Supplemental Oxygen + your specific DX.
If you have a problem, let me know. I believe I have a couple Docket Numbers for "Supplemental 02" Increase Awards.
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Take a run at the 100% Increase based on the"OR" Factor.
My 04/2016 SA Increase (50 to 100%) was Denied 07/16, however; it was overturned by a Sr Rater doing a Quality Control Review 11/2016. The basis for the Increase, 02 Concentrator required at night and 1 other "OR," Cor pulmonale. The SA C & P Dr said I was wasting his time, thinking I was eligible for an Increase from 50%, then the Rater agreed with his negative DBQ and Denied the Claim.
The Quality Review Award hit just as I was starting my NOD.
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Wayne, how about posting a redacted copy of the DRO Denial Letter? Check to be sure that any N & M Evidence you provided post original Denial Decision, is listed as "Evidence Reviewed."
You indicate this Denial is from a recent (?) DRO Review, correct? How long did you wait for the Denial and had you submitted the DRO Appeal VA Mandated, New & Material Evidence required for the DRO Review? Failure to submit the mandated N & M Evidence results in an automatic DRO Review Administrative Denial.
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To Whom it may concern
????? A 2013 post makes it to the top of the 04/23/18 Unread List???
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Did I miss an earlier post where you specified what your current SCs are and their respective Rating%? I see you're 80% CSC, correct. This DBQ, is it for a New Condition or an increase to an existing SC? If the Claimed condition is SC'd, there's what you think your Rating should be, then there's what the Rater determines to be the actual Rating.
If you're Denied or the Rating is unacceptable, then let's talk. Will need to see a redacted copy of the Award/Denial Letter, including pages, discussing Evidence reviewed and Reasons for the Decision.
If you're currently 80% CSC, you're talking a major New SC or Substantial Increase to an existing SC to get to 90+%.
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Yo, just eyeballed my Med Dictionary. Refer to your DBQ 8a regarding evidence of Paresthsias OR Dysesthesais in lower Leg.
Paresthsiasis is abnormal feelings of pain or "NUMBNESS" usually located in lower leg (YOU) and caused by nerve damage. Dysesthesais is due to Leasons forming on the Nerves (not you ).
So it appears the Numbness is addressed by the DBQ with the Dr indicating MILD Symptoms. How that affects your final rating, you'll have to tell us.
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How about posting the redacted "Treatment Notes" from your VMC Med Recs that support the Numbness lower leg issue?
As it stands now, unless the Rater Reviews your Med Recs and finds the references to Numbness, there's no reason for him to consider anything about it. How do you believe the Lower Leg Numbness would affect your Rating Increase?
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The type of Appeal Denial Decision are you addressing, RO, DRO or BVA?
DRO Review or DRO Hearing Denials, next stop BVA. Your way past the Official initial Denial Review request, which should be made within a couple of months of the Denial Decision as it does not toll the 1 year NOD Filing Clock.
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PCT, appears to be a complete Spine C & P DBQ, what do you believe has been left out?
Considering the C & P Dr reviewed your VMC/Private Med Records prior to completing the DBQ, the actual length of the Face to Face may not be relevant.
If you believe specific issues that you have medical evidence to support, was missed by the C & P Dr., I'd suggest you immediately complete a "Sworn Affidavit" or at least a 21-4138 discussing the C & P exam Issues of concern and submit along with your Supporting Med Evidence to your RO Rating Dept. TIME IS NOT ON YOUR SIDE, don't drag your feet, file it 04/23/18.
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A Comp Vet's SC% is never really 100% unreviewable or Locked in until it's been held for 20 years.
As is stated in 3.95 (a), after the 10yr mark, the SC Rating can't be "Severed" except for Fraud or Evidence of the (2) problematic Discharge issues.
However, until the 20 Year mark is reached, the SC % can be reduced for any Condition that shows continued Marked Improvement as Evidenced by Private or VMC Med Recs. Any Filing of a New or Increase Claim prior to the 20 Year Mark automatically opens all SC's for Review by the RO Rating Dept, regardless of the T & P Classification.
Prior to an SC Award being held for 5 years, the Rating Dept marks the C-File for a Re-exam with a "Diary Date" prior to the 5 yr Anniversary Date, regardless of the Vet's age up to 65. During that 5 year period, Med Record evidence of "ANY Improvement," "Marked" or otherwise; could result in an SC Reduction Letter.
Effective Date Error a CUE?
in CUE Clear and Unmistakable Error
Posted
Regarding Reconsideration Requests and the TIMELY Filing of a NOD. Up until about late 2014, early 2015, any discussion regarding a Vet requesting a "Reconsideration" of an Appealable Decision was usually met with significant pushback by many learned Vet Advocates. There was no Official Standing regarding a "Reconsideration" request and a great many Vets really didn't have a clue as to the possible ramifications.
The VA displayed its Infinite Wisdom by introducing the "Official Request for Reconsideration" of an Appealable decision to be used prior to the expiration of the 12-month Appeal period. Unless something has changed, the VA stated originally that the Filing of the "ORfR" "DID NOT" toll the NOD Filing Deadline. EODC, I'Hand Deliver to your RO Intake Desk, the NOD in addition to the Cert Rect US Mail. "Double Your Pleasure, Double Your Fun," right. I used the "ORfR" for a 01/16 Quality Review Award, filed it with the EOR VMC Treatment Notes attached approximately 3 days after receiving the Decision Letter. About a week later, it showed on E-Ben as a New Claim. New Retro Deposit hit within 2 months, followed by the New EED Decision Letter approximately 6 weeks later. Had I not talked to my Marine Corps Lg DRO Hearing Rep (Retired Sr DRO), I would have filed a DRO Review NOD and had to wait 12++ months for a Decision.