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Tomahawk

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Posts posted by Tomahawk

    When Does Ebenefits Update Status For Us To See?

    in VA.gov Questions (formerly E-Benefits)

    Posted

    Brother if i can give you some advice that i often dont follow...

    Dont play the Ebenefits "whats behind door number one" game.  It will drive you crazy checking every few hours for an update.  Try and make it so you check once every monday or something to that effect.

     

    lol.  I don't think many follow this advice.  Ive been pending my BVA hearing for a few years now.  And any time there is any movement I end up checking behind doors 1 2 and 3 multiple times a day until it clicks that this is the VA and nothing is going to happen for another decade and I give up looking lol.

    Then they taunt me with a letter or C&P exam and it starts all over again.

    Has it been too long for my appeal to be assigned?

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    So, if you requested a hearing about 2 years ago, and you have not even heard about it being scheduled, something is amiss.  

    ...... 

    Im thinking you need to email Allison.

    For what it's worth.  I filed an appeal for a BVA video conference hearing.   My initial claim is from 9 years old.  The NOD is 7 years old.  And my form 9 requesting the hearing is going on 3 years old.

    My file is still at my regional office as well. 

    I emailed Allison and her "team replied" that the "regional office is actively working on your appeal" and the process involves the "regional office taking another look at the issues and the evidence" and if they then cannot grant all of the benefits "the appeals process may then proceed to the Board of Veterans Appeals and beyond".

     

    So don't get your hopes up emailing General Hickey.  But it's worth a shot.  I may have just been unlucky and I got filtered off to the minions instead of her actually reading mine.

    Should I file a CUE?

    in CUE Clear and Unmistakable Error

    Posted

    Thanks for the comments broncovet.

    My claim is for bilateral flat feet.  Currently I am compensated 30% for "severe foot condition to include nerve pain".   My contention is that the "nerve pain" should have been rated properly as CRPS secondary to my "severe foot condition" as it affects my entire leg, not merely my foot.  And I don't know how the pyramiding works, but I am I believe the non SC foot having acquired Pes Planus should at least be evaluated by the VA as secondary to my SC foot.  However they have never given me a C&P exam for flat feet.

     

    john999 I am currently awaiting a BVA hearing.  When I initially filed there was no way I could have afforded an IME/IMO.  And until recently it wouldn't have been an option.  I am now able to afford and have been in the process of contacting places trying to find one willing to do it.

    Should I file a CUE?

    in CUE Clear and Unmistakable Error

    Posted

    I have a SC "foot" diagnosis.  But it is for surgical crap not the flat feet.  I have flat feet mentioned in numerous physical therapy appointments, as well as by the prosthetics department who have issued me orthotics for it for over 10 years.  And I have the aforementioned radiology report from the VA C&P exam that clearly states "Pes Planus Deformity noted". 

    Yes I am still in appeal which is why I was inquiring about whether requesting them to do the CUE is worth it, or if I should just wait out the who knows how many years it will be for that decision before trying to submit for one.

    Should I file a CUE?

    in CUE Clear and Unmistakable Error

    Posted

    Background:  I injured my foot in service.  Was discharged after surgery failed to repair it.  I have had multiple surgeries at the VA which have made it worse. 

    I was originally granted 0% in 2004 after fighting multiple years for even that.  I appealed and was bumped to 10% in 2005.  Once again I appealed and was granted 30% in 2007.  In their rating decision they state the "evidence  supports a severe left foot disability with included painful and limited motion, with radiating pain and nerve impairment to the foot and lower leg and postoperative scars." 

    I was denied acquired flat feet "The VA treatment records documented extensive podiatry and other treatment for your foot problems.  However, the records did not demonstrate a current diagnosis of flat feet or pes planus.

    I am currently in appeal for both of these issues. 

    I have been going through all of my medical records and I'm wondering whether or not I should file a CUE.  For one thing they are stating they lumped the "nerve pain" in with my foot rating at 30%.  I have been clinically diagnosed by the VA since 2005 with CRPS/RSD.  They did a bone scan to confirm for the C&P exam. The C&P Exam Assessment stated "1.) Complex Regional Pain Syndrome ( Reflex Sympathetic Dystrophy)  2.) Residuals of Post-Operative Surgery, Second Metatarsal Shortening, Arthroplasty of the Great Toe, Second, and Third Digit.  3.) Hallux Limitus Left Foot".  It is my understanding that CRPS/RSD should be rated under 8520 for peripheral nerve.  I should fall under the 60% rating as there is severe "marked atrophy".  My left foot looks like a skeleton, and my left leg has over an inch of atrophy.  Would this be a CUE based on the fact that they should have known to rate it separately under 8520 and instead lumped the "nerve pain" in with my 30% foot? Or is it on me because I didn't specifically file for it?

    As for the flat foot.  The radiology report clearly states " Mild DJD of the first MTP joint is noted.  Interphalangeal arthroplasty is noted.  Pes Planus deformity is noted."  Is this report enough to claim a CUE on their findings of no "current diagnosis of flat feet or pes planus"?

    Anyone else having issues with ebenefits?

    in VA.gov Questions (formerly E-Benefits)

    Posted

    As the title states.  Is anyone having issues with ebenefits?  It's not letting me access the apply for new claims section, and when I try to look at my "Disabilities" section it isn't working either.

     

    Disabilities section states: "We cannot retrieve your information at this time.  Please try again later.  We apologize for the inconvenience." 

    The apply for new errors out and says: "

    Application Error

    We're sorry, but the application has encountered an error. Please try again later or contact the VA at 1-800-827-1000. Please refer to the following error code: VDC-1439667528551"

    Proving Back Pain, Rate Increase

    in Eligibility - Veterans Compensation Benefit Claims

    Posted

    You may want to ask for a pain management consult as well.  I had some steroid injections 2 or 3 times that didn't do shit for me.  But after that they did something called radio frequency ablation.  And that was a godsend for a few months the first time.  The last 3 times I did it was with very limited success.  But according to my doc the vast majority he performs the RFA on gets 1-2 years of relief from it.  Its a great alternative to surgery.  As mentioned earlier in this thread deciding to have surgery on your back is a big deal.  I have spoken to people who feel like a million bucks after, and others who have been worse.  Being I am only 37 I am holding out as long as possible before doing it so that I'm not having surgery every few years.

    Fortunately I work for a small company with understanding owners.  If I can't get out of bed I just shoot them a text message letting them know that day is a bad one.  They always respond the same telling me to get some rest and come in when I feel better.  Anywhere else I think I would have been fired numerous times.  Missing 15-20 days a year because you cant get out of bed would get old for most place.

     

    Personally if I were you I would go ahead and file for the increase.  And then just continue seeking treatment.  With the speed the ROs work at you may very well be 18 months into new treatments documenting the increased findings before they even look at your claim.

    Email To Allison Hickey

    in Success Stories

    Posted

    Talon,

    Just be aware that emailing her may not do much for you.  I can empathize with all of your feelings.  It took 9 years for them to even grant that I had a service connected disability when I was medically discharged.  And I have been fighting them the entire way.  I've dealt with lost claim files. VSOs submitting incorrect paperwork.  C&P docs that either transcribed the notes for the wrong patient, or were blatantly unqualified to be evaluating me for what I was claiming.    It has been almost 5 years since I filed my last NOD, and over 3 since I filed for a BVA hearing.  After reading the "successes" of some from emailing Ms. Hickey I had no such luck in getting my claim kicked in the ass, nor did they address what I actually wrote about.  Which was just to ensure they were working the appropriate things that I claimed.  I never claimed an increase for my current SC disability, and I was recently evaluated by C&P specifically for an increase.

    At any rate here is the canned response I received from emailing Ms. Hickey:

    "Thank you for contacting the Under Secretary for Benefits. Allison truly cares about answering your email. She is reading them, but has asked her claims team to help respond.

     

    You asked about the status of your appeal. The *** Regional Office is actively working on your appeal - as you noted in your e-mail, you recently underwent a VA examination in conjunction with that appeal. Not every condition which is claimed or on appeal will require a VA examination. The decision on whether to schedule an examination is based on what the medical evidence (including your service treatment records) shows as well as VA regulations.

     

    In your e-mail, you described the many areas in which you disagree with the September 2010 rating decision which granted some benefits, but denied others. That is exactly what the appeals process is for - that process involves the Regional Office taking another look at the issues and the evidence. If they cannot grant all the benefits sought on appeal, the appeals process may then proceed to the Board of Veterans Appeals (BVA) and beyond.

     

    Please know that the appeals backlog is large. Regional Offices are working those appeals based on the date they were received. I apologize for the long wait which I know can be frustrating. The Under Secretary has requested additional resources from Congress to help VA work appeals more quickly.

     

    An appeal may be expedited for a veteran who is terminally ill, homeless or otherwise experiencing very serious hardship. To request that the appeal be expedited based on such circumstances, submit that request in writing with documentation of the hardship. You may submit it via:

    ·         uploading it to eBenefits (for more information, see https://www.ebenefits.va.gov)

    ·         faxing to our Evidence Intake Center at (844) 531-7818

    ·         mailing to Evidence Intake Center at –

    Department Of Veterans Affairs

    Evidence Intake Center

    PO Box 4444

    Newnan, GA 30271-0020

     

    I hope that this information on your appeal is helpful. I encourage you to communicate directly with your Regional Office via the Evidence Intake Center fax number and address shown above. That is the quickest and most efficient way to submit evidence and your statements to the people who are working on your case.

     

    Best Regards,"

    So as you can see it is your run of the mill exact response you get from the 800 line.  Hopefully you have better luck than I did with your email.  But if not don't give up, and don't take any anger out about it in a violent manner.  Just reach out to someone and talk your way through it.  Have faith that eventually they will get it right. 

     

     

    New VA claim

    in VA Disability Claims Research

    Posted

    I applied for sleep apnea as well.  I was denied.  I was not diagnosed with it in service, however I do have numerous entries for sleep related problems, and sinusitis.  I also have buddy letters stating I snored loudly.  This wasn't enough for mine to be rated service connected.  I filed a secondary claim as I have diagnosed apnea, and the medications I am on for my SC disability, and my SC itself aggravate the apnea.  I'm hoping that goes through on appeal. 

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