chrisw

Thanks for everyone's input.

I have an issue with post void dribbling. It was noted in my service medical records. I never submitted a claim because it was manageable. It has gotten much worse so I'd like to submit a claim. I was wondering how to VA will verify the use of absorbent material. When I went to see the doctor about it, I mentioned the use of absorbent material and was even wearing one when he examined me and put me on flomax. I got a copy of my medical records and it doesn't mention the use of absorbent material. I was wondering how the VA will verify the use of absorbent material? Will it be during the C&P exam?

I've got a C & P exam coming up for sinusitis. It looks like it will be with a doctor contracted through QTC. The questionnaire I got from QTC addresses my sinusitis but it also mentions headaches. My claim I sent into the VA didn't specify headaches. I may have mentioned my sinusitis causing headaches but I didn't specifically say I am filing a claim for headaches. I really don't care except I am already 30% for migraines. Would headaches caused by sinusitis be considered pyramiding with my migraines or could this adversely affect my 30% for migraines?

I received the decision for the following claims: GERD I received an evaluation of 10% for gastroesophageal disease (GERD) with hiatal hernia. The decision stated. A higher evaluation of 30% is not warranted unless the record shows persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain which is productive of considerable impairment of health. Since you suffer from pain during eating, regurgitation, heartburn, and reflux that do not affect your weight or cause malnutrition a 10% evaluation is warranted. I told the doctor in the C&P exam that my weight has fluctuated. I also told the doctor that I have pain that radiates from my chest to my shoulder. I also mentioned I have difficultly sleeping because my acid reflux is much worse when laying down. I was wondering what I should do here. Should I file a NOD? The reason I ask is because one thing I didn't stress in the C&P exam is that fact that I can't take my NSAIDS for my knees because it makes by GERD unbearable. Also, I have been suffering from stomach cramps, loose bowels, and gas which has gotten much worse (sorry for the bluntness but that was the easiest way to state it). I suspect it's my GERD medication but I'm going to see the doctor about it. I was wondering if it would be better to just file a claim for an increase in compensation based on the above information? Sinusitis I received service connected for sinusitis but at 0%. The decision section stated that since my sinusitis is documented by x-ray without evidence of 3-6 non-incapacitating episodes in the past year a 0% evaluation is warranted. I stated in my exam that I suffer from a sinusitis episode every couple of months, some lasting for several weeks. What kind of evidence do they need? Do I need to go to the doctor every time I get sinusitis? Allergic Rhinitis This one doesn't make sense to me at all. The decision stated my SMRs show that I was during a doctor's visit I was give Allegra and Singular for environmental allergies. Another exam at a later date showed I was on Allegra. Current VA medical records stated I was diagnosed with allergic rhinitus. My C&P exam stated the examiner evaluated my nose and sinuses and found no evidence of rhinitis. The VA examiner stated there was no evidence of rhinitis; therefore, a diagnosis of rhinitis could not be offered. Although you were treated for rhinitis on active duty there is no evidence of any chronic residuals of your condition; therefore, service connection is denied. My separation exam in 2006 noted Allegra for my condition; however, there was no complaints at the VA Medical exam in 2007 and no evidence of further complaints until 2009, two years after active duty. When I separated from the military I didn't realize allergic rhinitis was something covered so that's why I didn't mention it in my VA medical exam in 2007 although I do recall mentioning allergy medication when the examiner asked me what, if any, medication I was currently taking. The reason I didn't complain or see the doctor from 2006 through 2009 is because I was taking over the counter allergy medication and I knew what the problem was so why would I go to the doctor about it. I did recently go back on prescription allergy medication. One of the occurrences in the SMR's for allergies was with a civilian medical doctor, I still see the doctor occasionally. I know if he felt my current allergies are directly related to the allergies he treated me for while on active duty he would write a letter stating it. Would this be enough? Since I'm 0% for sinusitis and hoping to get it increased would allergic rhinitis be considered pyramiding? If not, is there grounds for a NOD? Thanks for your advice!

Berta, Thanks...After looking at the original medical evidence submitted, it may not have warranted a 30% rating and the new medical evidence definitely did support a 30% rating. If the one year is from the original decision that came and gone back in July.

Thanks for all the replies. Sorry I didn't get additional information posted until now. He decision stated “You submitted a claim for increase in your headaches stating stat you suffer from incapacitating episodes”. It then goes on to list all the new medical evidence. Again, all the new medical evidence was dated after my initial decision of November 2009. It then goes on to explain a 50% evaluation, and a 30% evaluation and why they chose 30%. The last sentence states “The increased evaluation is granted effective September 2009, the date of the claim for increase”. It never mentions the request for reconsideration. I looked back at a copy of the letter I sent the VA for the request for reconsideration and I put at the top of the letter the subject line “Request for reconsideration for migraines” and then in the body of the letter one of the first sentences was “Please accept this document as a request for reconsideration for my migraine headaches, rating decision x date. Even if they felt an increase wasn't warranted until I submitted the new evidence shouldn't they have addressed the request for reconsideration and states something to the effect that a 30% rating was not warranted back to the original claim but an increase in rating is granted based on new medical evidence. Is the effective date the VA came up with correct, if not, is it worth pursuing to file a NOD for the effective date.

I first wanted to say thank you to everyone that is involved in keeping this forum going. It's a great wealth of information. I wish I new about it several years ago. I've got a question about the effective date of a claim. I filed a VA disability claim for migraine headaches back in November 2008 and received my results of service connected with 0% in July 2009 effective November 2008. I felt 0% was not commensurate and sent the VA a request for reconsideration in August of 2009 along with some new medical evidence. I recently received my results and they granted me 30% but they put the effective date of August of 2009. Is this correct? Since it was a request for reconsideration I thought my effective date would remain November 2008. When I filed my request for reconsideration I also mentioned that I would be requesting an increase in compensation for another service connected disability. Do you think that since I mentioned this they lumped them together as a new claim? One other thing I wanted to mention is some of the medical evidence I submitted with the request for reconsideration was after original effective date of July 2009. Would the new medical evidence have anything to do with the effective date? Can I only appeal the effective date? Also, I'm going to appeal the percent disability on something else. Would it be best to group the appeals together?