Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

brokensoldier244th

Moderator
  • Posts

    3,527
  • Joined

  • Days Won

    121

Posts posted by brokensoldier244th

  1. They've deployed some new forms more recently than my original filing, im seeing.

    I told him to go with the 21-4138 (which they are still readily accepting) but then noted that LarryJ posted the link to a new form. Seems to be part of their program to help with the backlog. There is a 21-526b (a short form version of the initial claim form for the first time filer) and then that 21-526EZ which looks to be a form that says "here is what Im claiming, and here is all the relevant documentation already provided, other than your own (VA) stuff".

    I do my claims that way anyway (the 526EZ), I just include it all with the 21-4138, but there are probably vets that wrongfully assume that all due diligence is always done with getting information in support of claim. I provide it all to them on my own so they don't have to, and indicate that I don't want them to wait for more info other than any C&P's or exams that they already scheduled me for, then I list the dates of those on there too, and waive the 30 or 60 days in writing.

    Kind of the same thing this form does, but the new forms tell you what you need to put in there a lot better than the old ones did.

    CAS

    Are you saying that you filed a claim and the VA never processed/rated it and now you are trying to file another claim for the same condition? The correct form is the VA form 21-4138: http://www.vba.va.go...21-4138-ARE.pdf.

    I am not familiar with the form LarryJ is referring to but if you send in any form make sure you send in current treatment records and diagnosis.

    Hope the Best

  2. A 21-4138 will do it, either the old one or the new one (I think its called 21-4138b). There is even a PDF that you can type on if you google 'fillable 21-4138', or you can go through VONAPP and type it up there, but you probably won't be able to attach 33 documents. I did my 21-4138 via VONAPP to get it in the system, then amended and fleshed out my claim with the PDF fillable 21-4138. Printed it all out, organized my papers in chrono order with the newest at the top (along with anything I requested from VA Records office for recent treatment) just so its on top in there. Highlighted the whole mess for the finer points. My top form was my "statement of claim" where I called attention to the various highlights on the documents by citing them like a term paper.

    It allowed me to organize my thoughts and I write like crap (illegibly) so being able to type helped. I dropped the whole mess off at the RO on the way to work the other day. I checked Ebenefits 2 days later and they list all my supporting docs that I included as being part of my claim, now.

    Good luck.

    CAS

    '

  3. Im kind of interested in this thread? What are the legal ins and outs to being a VSO? How does one get to be so? Can it be done in a way that is legal, while someone has a full time job (like the advocate type position referenced here, but without the legal hassle)? I find im spending a lot of time here, and I spend a LOT of time over the years at VBN (going on 9 years there).

    I gues since ive done my own claims, talked to others about doing theirs, done voc rehab, Ive seen what a difference a won claim, or Voc can make in a person, including me, and Id like to pass that on down the line.

  4. It looks like they are saying that a goodly lot of it has no evidence of worsening during the military service, and with no treatment records while in they don' t have a lot to go on to form a nexus. Your back movement ROM looks pretty good, and since a back injury claim is based primarily on ROM and then separately if there is neurologic defects, you don't look like (clinically) that you have too many issues.

  5. When you scan next time (if you do) you might want to consider scanning as a "document" or "greyscale" and reducing the DPI down to 100 or so. Those scans are pretty big. Thanks for posting them, though, that reallyh helps!

    ------

    NM- I just opened them and saw that the one is 6 pages-thats why its huge. :-)

    CAS

    Maybe you were right and I needed a certain amount of posts...after my last post I checked and I had the ability to post. Thanks again.

    va1.pdfva2.pdf

  6. It may be, then, that you are 'new' enough that you don't have that option enabled yet.

    I had to 'earn' edit privileges on my posting, IIRC. If you feel comfortable doing so, send my your findings and ill post it for you.

    CAS

    I must be slow or not able to follow simple instructions, but I don't see the "Choose File" option. When I hit reply all I get is the window to type the message (above that are several options for Underline, bold, insert list, ect.). Below the window is an options button that just brings up options to post icon and enable emoticons...below that the only buttons that I see are the following: Add Reply, Preview Post, and Cancel. Thanks for helping out and I am sorry that these types of issues are taking over this post.

  7. For those of you that have multiple claims, how does the VA quantify and work those? FE: I have a claim for SC, a claim for increase of same for the other extremity, and a claim for dysfunction (SMC) all on the same form .

    Do all three get worked as a total group, or are they counted as three separate claims, with the possibility of different statuses and different appointments/approval tracks for each one? Will they notify me, whenever, about all at one time or separately and approve/deny/award separately or only when they are all done?

    Thanks!

  8. Oh...I think I know what my be happening. Hit 'Reply" first, like you were going to type a post, and the 'Choose File' button should be under the posting window. Click it and then point it towards your file. Depending on its size (it has to be less than 2mb) and its format, it should post. Click this attachment to see what it should look like.

    CAS

    post-8839-004406800 1281595555_thumb.jpg

  9. its possible, with only 4 posts, that you don't have that option yet. If you PM me I can post it for you, or you can attach it to an email and send it to me, and ill post it here. Please redact anything 'personal', ID information and all that.

    CAS

    Carlie,

    I scanned my Rating Decision and would like to upload it to this topic. I am of average intelligence, but cannot seem to find a way to attach the file to this posting. I went to the help section and saw where the "Default Uploader", to begin press the Choose File button. The only problem--and I may be looking right at it, but I don't see that option. Sorry to be such a pain, but do you have any suggestions. Thanks again.

  10. I went to my C and P today, and she did reflexes, tuning fork (That felt weird-parts of me could feel 'vibration' other parts of my toes just felt cold or pressure), asked lots of questions about onset, aggrivation, impariment in quality of life, what meds I was taking. She flexed my ankles, and toes and thighs. Had me point out on an chart which areas were affected. Good thing I took A and P in college.

    <br style="min-width: 0px; ">...and scheduled an EMG sometime in the near future. If sicatica pain and radiculopathy is dependant on the position im in (sitting or standing) and im taking major anti inflammatories, won't that 'change' the EMG reading? If its looking for radiculopathy in an extremity and ive been standing and not sitting, for example, does that make the EMG read 'false'?Hey BrokenSoldier,

    They will ask you about where your pain radiates (if for some reason they don't, you tell them), then they will definitely measure your range of motion. Make sure you don't extend past where the pain starts no matter how far they try and get you to bend. They also may do the pin stick test on your feet if you have numbness.

    Hope this helps. Blackbird

  11. I went to my C and P today, and she did reflexes, tuning fork (That felt weird-parts of me could feel 'vibration' other parts of my toes just felt cold or pressure but no vibration), asked lots of questions about onset, aggrivation, impariment in quality of life, what meds I was taking. She flexed my ankles, and toes and thighs. <br style="min-width: 0px; ">...and scheduled an EMG sometime in the near future.

    SO...If sicatica pain and radiculopathy is dependant on the position im in (sitting or standing) and im taking major anti inflammatories, won't that 'change' the EMG reading? If its looking for radiculopathy in an extremity and ive been standing and not sitting, for example, does that make the EMG read 'false'?

  12. I went to my C and P today, and she did reflexes, tuning fork (That felt weird-parts of me could feel 'vibration' other parts of my toes just felt cold or pressure), poked me, bent my toes, asked lots of questions about onset, aggrivation, impariment in quality of life, what meds I was taking. She flexed my ankles, and toes and thighs.

    ...and scheduled an EMG sometime in the near future. If sicatica pain and radiculopathy is dependant on the position im in (sitting or standing) and im taking major anti inflammatories, won't that 'change' the EMG reading? If its looking for radiculopathy in an extremity and ive been standing and not sitting, for example, and it's not 'tingling' does that make the EMG read 'false'?

    I'm diagnosed with radiculopathy in the right, but im trying to service the connect the left 2nd to DDD in lower lumbar spine.

  13. Ive read the exam sheet from va.warms, but im more interested in the non-physical exam part, where is says "other diagnostic tests.....) .(ive had 2 SLR tests and ROM tests and xrays in the last 4 days already, so I know what those are, and I have the narratives from VA and my doc to give the the C and P doctor)

    What other types of tests can they do? This would be for DDD/lower extremity radiculopathy.

  14. If you don't have a diagnosis or treatment for depression, you can' t file for it. Without a medical nexus or a doctor (better yet, a therapist) saying that your depression is the result of pain, etc, it won't happen. The SOC should tell you exactly why you were denied. Use the SOC as the map for building your rebuttal.

  15. What did they do during the neurological part of your exam? I have a c and p tomorrow for lumbar DDD. Im rated already, but I have radiculopathy in both legs and im curious what the exam will be like. I looked over the sheet but it doesnt say much for the peripheral nerve C and P exam.

    thanks,

    CAS

    Hey Yawl, Two things; Since the doctor wasn't able to review your record prior to your exam, which they are suppose to do, you may be scheduled for another exam at a later date. Secondly, if you diagnoisis has changed to include intevertable disc syndrome you will probably get a increase. I went from 20% to 60% for change to Ivds in the lumbar area. I hope its the same for cervical.

    Blackbird

  16. Phillip--Premature ejaculation.

    Comm Bob-I did discuss it with her-that's why she prescribed the paxil-primarily related to nerve compression in my lower back. We discussed the side effects of the other medications prescribed by the VA, as well, but since she is not a VA doctor I couldn't ask her about filing a claim, or VA-ese. She is unfamiliar with that whole aspect of things.

    I would say yes, however I'm not familiar with the terms PE or PME.

    pr

  17. Do I have ED? Is PE=ED? Its noted in 2003 directly secondary to my back by a VA doctor, but I didn't claim it becaue I didnt think I could. Can I claim sexual dysfunction as ED? My wife is awaiting an answer on this one......I'm currently taking Gabapentin, Meloxicam, Prednisone. (In the last week or so, I started). I have DDD, way down (l5-S1, L2-3, L4-5).

    I finally told my own doctor about the issues my wife and I have been having the other day, and asked if my back can be causing that, going back to reporting it to a VA Doc in 2003. (soft erections, now PME). She looked at my records, MRI's, and xrays, asked a lot of uncomfortable questions, and prescribed me Paxil as a means of staving off the happy ending. She said that the level of nerve/discs that I have problems with could most definately cause problems with PME, and if not that, then the medication that im taking could mess with overall libido and function as well. She said since im 33 there shouldn't be 'issues' there, normally, and she knows from both my wife and me that we had a healthy sex life-not for lack of trying, anyway.

  18. Final, as in, am I compensated for it? Yes, I guess. I didn't start thinking about any of it again until I was looking at filing for my other leg this time around, and noted that it looked like i should have been the first time around.

    I have sick call transcripts and a VA doctor exam in 2002 from prior to the 2002 C and P where my complaints of both legs is noted. The 2003 C and P rating for Radiuclopathy notes that they continued my 40% for my DDD, but with a combination of Deluca and the the Examiner notes they granted 10% for radiculopathy for Rt leg.

  19. KIM, too that even with your windfall you may still qualify. Its not like you are going to make more money all the time, magically, now. Even if you invest it you aren't going to make enough off the interest (probably not, anyway....) to do much good, unless it was a huge amount. My family is 6 total, so I know what it takes to wing that and we are pretty frugal-she only works P/T so we can avoid daycare and I am lucky to have a job driving my brain around a computer server so I dont have to move or lift or anything.

    If you are still eligible, take them.

    if with 6 people your income does not exceed the limits the federal and state govts have set for food stamps and you still qualify for them TAKE them you are entitled to them there are many active duty troops who get food stamps because their paychecks are not enough to properly feed their families

    you are not ABUSING the system to take a benefit every other American can and do take if you weren't entitled to them they would cut you off they may not give your family as many as they were before your husbands VA claim was adjusted higher but heck every dollar you are entitled to in food stamps gives you another dollar to buy the kids clothes, school supplies etc maybe even a family night out at the movies

    theres nothing wrong in taking a govt benefit that is LEGAL ask him to reconsider he is only hurting the entire family why? doesn't he like you and want the best for you?

    Pride is an admirable trait but it doesn't put food on the table

  20. THanks for the encouragement, Pete.&nbsp;<div><br></div><div>That EED is what gets me. SInce im claiming something that Ive always complained about , and because I feel the C/P guy made an error in the old one is my main contention. The PE is something that's always been there, too, noted also in my wifes letter of support. Im just now doing something about it, but its noted in my records proiro to now.&nbsp;</div>

×
×
  • Create New...

Important Information

Guidelines and Terms of Use