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renee

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  1. Thanks for responding. I’ll provide some clarification because my original post was full of emotion.... 1. I’ve also attached the remand for easy reference. 2. The appeal remanded by the BVA was for fibromyalgia and knee arthritis claimed as pain. The original file was for service connection. The BVA judge in his remanded stated that the RO failed to assist in developing my claimed issues as being connected to (I.e. causation or aggravated by) my already service connected degenerative back disability. The judge in my interpretation is throwing the red flag on the RO for their failure to assist. After call with the VSO’s lawyer I guess I have a bit more clarity although she didn’t hesitate to admonish my questioning of VA’s policies and procedures. As it stands today, additional evidence was procured from my health file by the VA. They did not include everything back to 2013 and they should correct? 3. The two new claims they opened are apparently future examinations. I had a PTSD, MDD and MST re-exam last year and they’re doing it again. The other is for my migraines which are rated at 50% now. I got bumped in 2017 that took me to 100%. Before then my migraines were static, when they bumped me it removed the static. It could be timing but right now I feel like they’re attacking me.
  2. I’ve had an appeal on file since 2013 for Fibromyalgia and bilateral knee pain. The appeal went all the way to BVA. During the process they loss my appeal. When the VSO lawyer got involved I started to see traction. As of last week the BVA remanded back to the RO. I read the letter 4 times and it sounds like BVA is scolding the RO for “overlooking” pertinent information like my STRs. The judge gave specific instruction that RO must do assist with connecting my knees to my degenerative bank at 40%. I think I need an IMO and updated DBQ. But in addition to the above it would appear that the regional office turned around and opened 2 claims for RFE. These are unrelated to my appeal. I definitely feel being like this out of spite. What can I do.
  3. Good evening everyone, I opened an increase for a SD on my lower back pain due to its worsening condition. I've been service connected since 1996 starting at 10% at mechanical lower back then it was increased to 20% in 2002 and changed to Lumbosacral Degenerative. I also have fibromyalgia which is not yet been service connected. My primary doctor treats me for this condition with muscle relaxers, tramadol and a very strong cream. He has recommended that the next stage be steroid shot and possibly back surgery since the pain is persistent and worsening. The increase was opened on August 30th and on September 12th I received a letter to call the Hampton VA medical center to schedule and appoint for a C&P examination. They scheduled me for today September 17th and advised how important it was for me to make the appointment. I had to have someone drive me there because the pain was just unbearable. The pain has become more frequent and severe for several days at a time. I checked in at 11:55am and the doctor came to get me at exactly 12:12pm. She said hello and I said hello in return. She took me to the examination room and the first question she asked was for me to have a seat or to stand if I was too uncomfortable to sit. I stood. She asked me what type of job I had and if it was desk job and I said yes. She didn't ask me any questions about my condition but mentioned that she read my VA file and noted that I have a lot going on and was sorry I was having such a bad day. She also stated that the last X-rays and MRI show a degenerative condition and that no new x-rays or MRI would be done today. Next she asked if I could take off my shirt and when I tried to she saw that I was struggling she asked if she could raise my shirt to check my spine. Afterwards she did the standard ROM exercise (left, right, front) she asked if I could repeat them twice and said "I see you can't bend backwards" so there was no ROM conducted in this direction. She asked if I took my shoes off could I feel the temperature of the floor and I could. She asked if the pain radiates to other places and I replied yes it does. Her entire examination took 17 minutes. I'm curious if I should have requested the x-ray and or MRI despite the fact that ones already exist in my records. In addition, I noticed that she didn't have the standard C&P worksheet and wondered if this was is normal for a C&P examination. In fact the sheet she worked from looked to have been 1 page and printed from the hospital system. I'm not so sure. I did ask her politely how long after would I be able to request a copy of her report and she stated that she didn't know. She further stated that my claim is a lawsuit against the United States for my service connected disability and that it's up to the regional office to provide me with copies. I'd never heard it put quite like that before. Maybe this information will be in the VA system since it was conducted at the VA hospital? Also is this normal for the examiner not use the standard worksheet? Looking for you guys helpful insight as usual.
  4. Afternoon everyone! This is interesting because I get the impression from my examiner that my notes would not be in myhealthevet. She actually advised me that my notes would not be available to me because my claim is a lawsuit against the government on my condition. Later in the conversation she advised that it's "possible" for me to obtain my records thru the regional office. When I asked which one she replied "Winston Salem" which confused me because my regional office is in Roanoke, Virginia.
  5. Interesting turn of events. It was sent back to "reviewing evidence" today.
  6. Ohhhh okkk. Yes I guess you can say that.
  7. Hello everyone, I reopened a claim back in April along with a new claim and I'm suprised to see that they are prepping for decision. No contact, no physical or review; just backup documents to show proof of the disability. Is this strange to you guys or no?
  8. Happy Spring everyone, I thought I posted this the other evening but I see my Ambien won the battle and it didn't post afterall. I didn't see very many posts with respect to this topic so I decided to post my question. Recurrent vaginal infections- initial claim filed in 2005 after various denials I was finally granted % in March 2009. A subsequent appeal was filed for an increase in 2012 and was granted increase to 10% in 2014. There is no description from the VA as to why they increased the disability other than assigning the rating that requires continuous treatment. This is currently on appeal because the criteria for a higher rating is warranted. What concerned me when I went thru my files is that in the initial claim and subsequent appeals I supplied them with the same information. The military records and the civilian doctors records, all the same information along with current treatment. Can this be considered CUE? Cervical Dysplasia & Perneal tear- initial claim filed same as the above disability but denied, denied and denied each time. Whats interesting is that in the March 2009 decision the VA stated that "service connect may be grated for a disability which begin or was caused in the military". They also included a statement about what the National Institute of Health defines as cervical dysplasia and added that "it may go away on its on". The decision states that my service records while in sevice found cervical dysplasia as a result of my pap smears but that there was no surgery or laboratory result addressing the issue. However, my military medical records reflect cryosurger procedure directly relating to this issue. In the 2014 decision, the VA states that "the condition was not incurred in service or aggravated by military service. HUH? They end this subject matter by stating that "if cancder develops, VA will request a medical opinion to determine whether there is a link between the two. In your case there is no evidence that your cervical dysplasia has progressed to any for of cervical cancer". I am totally and uterly confused at how they don't have the same records that show the diagnoses and treatment of this issue. Since leaving the military I've had additional surgeries to include ovarian cyst removal, leep surgery x 3, removal of my left ovary due to scarring and lastly a fully hystorectomy. As for the perineal tear- VA denied me in from 2009 up to 2014. the VA stated that an episotomy is normal during childbirth but a 4th degree tear??? It was finally granted to me again with the exact same information that was presented in the original claim. In the decision from 2014 the VA assigned a 40% rating stating "service connection for urinary incontinence due to perineal tear has een established as directly relating to miltary service". SInce I only have one child, the one that was born whilst I was inservice, no information changed in terms of medical records; how can they deny me start with? Oh let me add that they grant me 0% for the laproscropic scars I endured as a result of the leep surgeries relating to the cervical dysplasia they said I don't have. Do I have a case for CUE on either of these two? I look forward to your input as it will help me to stregthen my claim. Thanks and have a wonderful evening.
  9. Hi , Thank you so much for responding to my post. I always look to your comments because they are most informative.
  10. I think I may have found something on the Virginia website for veterans. If I'm reading this correctly, my son who is a sophomore in college will be eligible. This will be huge for me. It has really been a struggle since his father was killed 6 years ago. Education Virginia Military Survivors and Dependents Education Program The Military Survivors and Dependents Program (MSDEP) provides education benefits to spouses and children of military service members killed, missing in action, taken prisoner, or who became at least 90 percent disabled as a result of military service in an armed conflict. Military service includes service in the United States Armed Forces, United States Armed Forces Reserves, the Virginia National Guard, or the Virginia National Guard Reserves. Armed conflict includes military operations against terrorism or as the result of a terrorist act, a peace-keeping mission, or any armed conflict after December 6, 1941. This program may pay for tuition and fees at any state-supported college or university. This program waives tuition and fees in Virginia. Benefits are available for up to four years. Eligibility Requirements To be eligible, children and spouses of qualifying military service members must meet the following requirements. The child must be between ages 16 and 29; There are no age restrictions for spouses. The military service member is and must have been a Virginia citizen at the time he or she entered active duty or must have been a Virginia citizen for at least five years immediately prior to the date of the application for admission. In the case of a deceased military service member the veteran’s surviving spouse can meet the residency requirements if he or she lived in Virginia for at least five years prior to marrying the military service member or has been a citizen of Virginia for at least five years immediately prior to the date of application.
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