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Gastone
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Posts posted by Gastone
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I would expect a relatively long Appeal period. Have you considered running your Denial past a couple VA Lawyers/Agents to get a feel for their enthusiasm? You don't have to sign-up right away, or ever actually.
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I've been receiving the Michigan DAV Complete Property Tax Exemption since it passed in 2014, back-dated to 2013. Never had a City or County Property Tax Add-on, that required direct payment. I have direct contact with a number of MI IU T & P Vets that receive the MI DAV Exemption, if any of them got billed for a City or County Property Tax Add-on requiring their Direct Payment, I'm certain I would hear about it, sooner rather than later. Did you file an Appeal with your Tax Board, when does your's meet?
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What is your basis for CUE? What are your current SC percentages, that combine to result in your CSC 40%?
This was a Direct SC Claim, not a Secondary SC linked directly to a current established SC. Your above post referenced the possible etiological association of OSA and Reflux, Allergic Rhinitis, and Chronic Sinusitis.
Have you obtained an IMO from a Board Certified Sleep Specialist, preferably a Board Certified Neurologist, supporting any of your NEXUS theories?
You might want to search BVA Decisions for SA Decisions specifying your specific maladies. I don't recall seeing any but I could be mistaken.
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What Bronc opined and a couple questions. Could you post a redacted copy of the VA Denial Letter?
It appears from your Vet profile that you are not Service Connected for any Disabilities, correct?
With no MSR Evidence of DX or Treatment for Sleep problems, while on active duty, your only chance for an SA Rating would be as a Secondary condition, a Direct SC is never going to happen.
As to no C & P, the Evidence of Record "EOR" in your C-File was obviously more than adequate for the Rater to make a Denial Decision. Your Denial Letter discusses all Evidence of Record Reviewed and Reasons for the Denial Decision. We need to see them!
How long after Discharge was your DX for SA, what type of SA, (OSA, CSA or MSA)? Was your BMI 28%+, neck size 17+, waist 40+, told you have a large tongue?
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Berta, to the rescue, as always. Thanks for the Docket/Decision link.
M/S, your BVA Decision was for a complete Remand of all Denied Issues. Including the TDIU Claim which I believe was Administratively Denied due to your failure to meet the IU SC % Filing requirement. The Remand directed the RO to view your IU as an Extra-Scheduler Filing. I don't believe an Extra-Schuler IU Award qualifies for the SMC S Scheduler because all your current SC's are considered the cause of the E-S IU Award. Had an SMC S award been mistakenly granted, a Quality Review would have certainly caught it and Reversed the "S" Award.
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MR, do you currently have a POA-VSO? They can access your C-File from their office computer and print whatever page copies regarding the SMC S Housebound and IU Award Rating information that is "EOR" Evidence of Record. Your complete BVA Decision is in your C-File also.
Your SC List does not have a single (1) SC rated at 100%, so a Scheduler Housebound Award; even with the (1) 20% SC and (11) 10% SC's; is off the table. Your IU Award is your only chance, depending on which of your (13) SC Conditions are included as part of the Award.
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M, locating your BVA Decision shouldn't be this difficult. What VSO oeVA Attorney Represented you on Appeal? Don't you have the Complete RO or BVA Decision AWARD Letter?
You've posted select pages but seem to be dragging your feet regarding the Rater's/BVA Judges explanation regarding the Final Decision, why would that be?
Without further supporting evidentiary information, we are left to believe you were never eligible for SMC S Housebound, nor did you ever receive it. No proposed Reduction Letter addressing SMC S?
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M/R, what "other Decisions" did you review, your's or other Vet's Decisions?
Could you post redacted copies of your aforementioned "other Decisions" for us to review?
How about the IU AWARD Letter pages discussing the Rater's IU Decision, detailing exactly which SC Conditions were included in the IU Award? If the 20% SC and any (1) or more of your 10% SCs (I count 11) are included in the IU Award, you don't hit the seperate 60% CSC SMC S threshold.
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Sharp EYE Bronc.
I see no Single SC rated by itself as 100%, nor any mention of either an IU Award or "Inferred IU Award." The only other route for a Housebound Award would have been an actual Housebound Medical Questionnaire/Statement, submitted by your VMC or Private Dr. I see no mention of that either.
MSGT-R, easier to ask than go back and read the 5 pages of this post. What VA SMC S Award Document do you have as Evidence of the SMC S ever being Awarded? You don't appear to have ever been eligible for the (1) SC rated as 100% and others that have a seperateCSC of 60%. Do you have a copy of a VA Housebound Medical questionnaire completed for the SMC S Rating? Could you post a redacted copy of it?
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How about posting a redacted copy of your Leg Secondary Award Letter? When is the last time the leg was examined by a Med/Ortho Specialist? Are you talking Pain or Range of Motion?
File for the Secondary Increase, that's the only way to know for sure.
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Silv$, your kind of working the "What if" a little hard now. Iu is all about provable Income and verification of your current "TODAY" SC Rated disabilities making you unable to Earn above the VA SGI $12,400 (approx $240 per week/$8 per Hr for 30 hrs per week) amount.
Just being out of work recently due to any cause, including being recently terminated, really won't get you the Award. If the last 8 jobs over 4 or 5 years ended in termination due to your SC Conditions, that would be a different story.
Do you have a copy of your PTSD C & P DBQ, that you could post a redacted copy of? When you file for IU, all your current SC's are open for examination to determine if your eligible for Increase, as well as Reduction.
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Soooooooooo, you're 56 and currently employed by the same employer for a considerable length of time. What type of work do you do? How long have you been Rated PTSD SC 50%? A New PTSD C & P could quite possibly get the 50% Reduced to 30%, be very careful.
You're in search of an IU Rating, but still employed, correct? The VA doesn't use what you think/feel your Future Disability/Employment situation is going to be, it's all about today.
At first glance, I'd say you don't currently qualify, regardless of what you think/feel your MH or Pain situation is. Psychiatrists, both VA and private believe PTSD is treatable and symptoms will lessen with time and continuity of MH care. Do you believe you're currently unable to do "ANY TYPE" of Sedentary (Desk, Walmart Greeter) work that would provide Earned Income in excess of $12.400 (VA SGI for Vet under 65) per year?
Consider filing an application with the VA Vocational Rehabilitation "VR" Dept via your E-Ben Site. In a couple weeks you'll get your 1st appointment. If the VRC were to agree that your current VA SC conditions preclude you from successfully completing the VR Program, that would be the Evidence that could make or Break an IU Claim.
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The Beauty of having your Direct Deposit Account real-time Txt and E-Mail you regarding "ALL Financial Transactions!" No missed Retro $K's Deposits and if your Wife/girlfriend & Jody Skys with your Bank Account, you'll know right away. No sense giving them too much of a running start with your $$$$.
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There you go, supplying all the info in front always helps. An OLD TV Cop Show "Drag Net," Detective Sgt Joe Friday would always say, "Just the Facts, Mam, Just the Facts." Works well here also when a Vet post's questions regarding his personal Claim. More factual information, is better than less.
I only know of "1" Vet getting a Supersonic Claim/DRO Decision, ME. An Informal DRO Hearing Decision Award at 9:35 am 06/12/2014 resulted in an Email copy from my VSO Hearing Rep, of the DRO Decision that afternoon by 3:30 pm. Still took about 6 weeks for the Official VA Rating Dept Decision to arrive by Snail Mail.
Your recent post indicates you filed (4) NODs at the same time, that needs" Some Splaining to do," as Ricky used to say to Lucy. (1) NOD with (4) listed Issues from the same Denial or did you actually file (4) Separate NOD Forms on the same day? Who advised you regarding the Filing of this or these NODs?
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Why do you CARE? You got the Increase and the Retro $$$, kick back and relax for a minute or TWO. I hate to say this, but worrying about how long the Award/Denial Letter takes to arrive after receiving an Increase and the Retro $$ Deposit is really a "Who Cares" issue.
If it takes less than 8 weeks consider yourself Lucky, Blessed, whatever. Were there other SC Issues included in this Claim? How do the Increase and Retro $$ comport with your expectations and calculations?
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AN, you're way too harsh on those well-meaning, overworked (just ask them) VSOs.
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PC, somewhat convoluted, it would be much easier to comprehend if you could post Post redacted copies of your Denial, SOC, SSOC and BVA Remand as pdfs.
From what you've recently posted, I see no basis for an EED, the C & P Examiner (Medical Credentials?) backed up his negative opinion by citing the lack of earlier (Pre-10 11) symptomology presenting in any of your VMC Med Records.
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VR, have you ever discussed your Appeal with a VA Lawyer?
No Private or VMC medical records from your Discharge Date, to your 1983 Comp Claim Filing? Considering the severity of your medical conditions requiring extensive testing and treatment while in Nam, one would think that ongoing treatment upon discharge would be an automatic.
When and where did you resume treatment for your Inservice Medical Symptoms/Conditions?
Why do you believe that the USA or Federal Record Depository would single you out to conspire against you? You actually believe you have medical records hidden somewhere within your VARO for the past 45 years? How long were you "In Country," before your symptoms presented?
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Forgot to add, I think when you hit 75, the VA will Grant the Claim or Appeal Advancement.
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Do you have the Private or VA PN Clinician Notes discussing ongoing Symptoms and treatment for the period immediately after discharge to present? You do have a VMC DX of Bi-lateral PN, correct?
Those conditions you address above, have you seen any of them in any Medical Literature directly related to any form of Chronic Idiopathic Peripheral Neuropathy? When was your 1st EMG and PN Associated Bloodwork performed, Private or VA? How were the Test Results interpreted by the VA or Private Board Certified Neurologist? Any DX opinion as to possible Nexus?
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PC, a somewhat difficult read, however; the Remand was very interesting educational. Whatever did you use to attach the SSOC, a real pain.? Pdf's are much easier to open and read.
The Medical Evidence that was either lacking or missing in the RO Certified Appeal, that the BVA Judge addressed in the Remand was very educational, regardless of the continued Denial.
What did your American Legion Rep say regarding the SSOC dated 02/24/2018? You're now well past the "30 day" Appeal period of the SSOC Decision, correct. The EED Denial appears substantiated by your Medical Symptomology EOR as stated in the SSOC.
It's been awhile, am I correct in the following? You're 80% SC trying to get to 100% CSC with Increases to your bi-lateral Radicular SC and an EED back to the original Claim Date in 2004? You've never filed for, nor been Denied IU?
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The VA AO Presumptive list Peripheral Neuropathy has changed from Acute to Chronic about 2 or 3 years ago. The only problem for most vets thinking about filing a Claim is that the New Chronic criteria still requires the same Acute evidence criteria. The Vet's PN symptoms had to present to a Ratable degree of 10% SC, within the 1st 12 months after leaving the AO Exposure area or separation from Service.
An AO Vet's other recourse is to file the "Idiopathic" PN Claim on a Direct SC Basis rather than as an AO Presumptive. After the Vet has had the current IPN DX Testing, ruling out all current "Medically accepted possible IPN Nexus," a direct Exposure to AO or other Dioxin could get the Vet to the "As Likely as Not" Jump Ball: Vet gets the Award decision.
As I recall, there are a couple AO PN BVA Remand Awards in 14 or 15, that was the direct result of an AP Presumptive Denial being reversed by Evidence supporting the "Direct" AO Nexus.
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Your Appeal was Docketed when 13-14-15-or 16? Did you recently get a Hardship Advancement? I just read a 01/2018 BVA Decision with a 2014 Docket #, so we know their working on 14's.
Do you have a VSO Repping you at the BVA Hearing or did you just opt for a Review? You might want to look at VA Lawyer/Hadit Advertiser's Post regarding what's involved in the BVA Decision Process, very enlightening. He interviewed a BVA Sr Judge that actually makes the Final Decisions.
BVA Lawyers, acting as Law clerks for specific Sr Decision Making Judges actually conduct the Hearings and/or reviews, then Remand for further development or forward their findings after being sure all the Legal I & Ts are dotted and crossed, to the SR BVA Judge that makes the Final Decision. Might be a good time for AskNod to chime in on the accuracy of this.
Denial of Sleep Apnea without C&P Exam
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Bronc, throw another eyeball on the Denial page 2, Evidence reviewed and reasoning. The Rater clearly states that due to "Isolated Complaints" of Fatigue, Irritability, and Headaches found in R's SMR covering the period 6/1175 thru 2/29/2000 there was no basis for an in-service SA DX, then or now. I saw no mention by R or the Rater regarding a complaint of Day-Time Somnolence ever presenting while on active duty. I don't recall R mentioning any continuity of VMC or Private Medical Treatment or continuation of his stated in-service symptoms progressing to Daily, from 02/29/2000 to the date of his actual OSA DX; or if and when Day-time Somnolence presented. i do believe this is BVA Bound. One of the CUE Experts needs to opine.