averagejoe

Greetings, I have been battling with the VA since early 2017 with my disability claim(s). In September 2021, I filed a supplemental claim due to the presumptive condition changes for OEF/OIF/OND and burn pits / particulate matter exposures. They followed through and rated me at 100%, but I then filed for a higher level review because they put effective dates in October (the date of my LHI exam, and not the effective date of change in law or date filed for disability). It is still on-going, and they did a partial grant. I didn't ask for a CUE claim, but they found several CUE claim issues upon that higher level review. So sleep apnea, IBS, hemorrhoids, and etc are being addressed because the VA failed in their duty to assist. They sent my records to an LHI contracted physician (one I saw back in October and she had favorable findings for me then). Presently, I have a combined disability of 100% P&T. And for now (I'm 39), I have gainful employment at a decent salary. Miraculously enough, PTSD and mental health are not among my medical conditions or concerns, even after 20 years in the USAF/ANG. As I go through life, I am finding it more difficult to do tasks independently. My wife cuts my toenails because it is hard for me to reach my toes and use clippers (right hand dominant), and I usually end up cutting too much and/or getting an ingrown nail. I also have one of those as seen on TV gizmos to help put on my socks. So, needless to say, managing my feet is rather difficult for me (and balancing on 1 foot in the shower to scrub them with soap is nearly impossible). The VA has provided me with special shoes and cork inserts to help with the flat feet. I wear collared shirts for work, and it is difficult to do the buttons on the collar as well as the cuffs. I almost always have to have my wife do those for me. I have about 20 medications that the VA has prescribed to me for all of my medical conditions and issues. And my wife is quite persistent about me keeping track of my medications. She bought me one of those medication holders that has a tube with 4 spaces (breakfast, lunch, dinner, bead) for each of 30 days. Just filling those sometimes is an awful pain in the ass with my hands and fingers. I have tried several times to get the VA to consider flare ups in the rating for my cervical spine and knees. Each time it has failed. So now, I have the DBQ's printed and on file with my PCP. The next time I have a flare up, the PCP will see me that day or next day and go through the DBQ's. Then I'll file for an increase, and I may try to file for an earlier effective date as I have not run out of appeals/reviews and I'm still within a year. And my flare ups When my neck gets tweaked, it is nearly impossible to turn my head left or right, my head is pretty much frozen at a slight rightward angle and limited ROM. This usually results in my right shoulder having a flare up as well. When my right shoulder goes wonky, I have severe pain and need to wear an immobilizing brace. And my my lower back will go out with shooting pain from lower back to my feet, unable to walk long distances, and if I pick up my son or dog, I will lose feeling and fall to the floor, so I don't do that when my back is flaring up. And sometimes lifting my younger son or dog will cause this problem. For my knees, these usually go out when I'm deep in the woods walking on uneven terrain, and braces/K-Tape don't seem to prevent the knees from becoming nearly impossible to use and they are in such pain that I can't flex them. It can take me several hours to walk/limp even 3 miles back to the truck when my knees go out. So now, I don't go as far out into the woods if it is an area that has zero cellular service. I also have problems with both wrists, and I have to sleep with braces on to keep them from curling my hands inward at night. So trying to manage a CPAP or even the buttons on my pajamas to take a piss gets very irritating and frustrating at night. I am to the point where I don't drink anything after 7pm so that I don't have to get out of the bed at night to relieve myself in the bathroom. To what degree is loss of use considered for extremities? And to what degree is A&A factored into basic tasks of hygiene and grooming and medication management? At least once per day, my wife does help me with something related to personal hygiene or dressing. If I'm not quite at the point for SMC type benefits, what should I be documenting and keeping track of, and where? Do I schedule more frequent appointments with my doctor? I have a community care provider as the local VA and CBOC's are well over an hour away from me. Also, is SMC paid in addition to, or in lieu of scheduler VA disability payments? I have an upcoming appointment with my doctor to discuss ED related matters, and it appears that several of my medications for service connected issues (arthritis medications, sinus medications) have ED listed as a potential side effect. So, I will be working on an SMC-K package for that. Lastly, I have tried and failed in regards to an earlier effective date for tinnitus, hearing loss, and rhinitis (all rated back in 2017 with an adjustment in 2018 for rhinitis). When I got off of OND/OIF orders in 2011, I went to the VA in 2012 for those issues. I was told that I should go see the VA and they'll take care of you. But nowhere did anyone offer any assistance or direct me towards a formal disability claim. Could it be seen or considered an informal claim (under those old rules) by having sought a VA diagnosis and/or treatment within 1 year of release from Active Duty? Should I try a formal CUE claim on this issue, or just accept defeat? Who knows, maybe 21-432 ARELLANO V. McDONOUGH might help with this if SCOTUS affirms for the petitioner. I do have a digital and electronic copy of my C-File from 2017-2018. I haven't requested an updated copy recently. But the last copy I got was over 1800 pages of documentation. I'm also looking forward to HR 3967, if that passes, the effective date for my sinusitis and migraine headaches could be back to my initial claim in May of 2017. But with that said, if it passes, and I file a supplemental claim for sinusitis, migraine headaches, and sleep apnea (if they grant it) will they review the present rating tables, or the rating tables at the time of the application? The VA published changes to the rating tables for ears, nose, throat, sinus, sleep apnea and etc on Feb 15th in the Federal Register. Thank you, Disability Rating Decision Related To Effective Date chronic strain right thumb (previously evaluated under DC 5224) 10% Service Connected 5/7/2017 shoulder condition, right 20% Service Connected 5/7/2017 radiculopathy of the right upper extremity 20% Service Connected 10/11/2018 radiculopathy of the left upper extremity 20% Service Connected 10/11/2018 internal derangement of the left knee 10% Service Connected 2/24/2020 internal derangement of the right knee 10% Service Connected 2/24/2020 radiculopathy, right lower extremity involving the sciatic nerve 10% Service Connected 10/12/2021 radiculopathy, left lower involving the sciatic nerve 0% Service Connected 11/10/2020 internal derangement of the right ankle (claimed as ankle condition, right) 10% Service Connected 5/7/2017 left ankle strain 10% Service Connected 10/30/2017 bilateral flat feet (pes planus) 30% Service Connected 9/12/2019 lumbosacral strain 10% Service Connected 11/10/2020 cervical strain with degenerative arthritis of the spine (previously rated as musculoskeletal - neck/upper back (cervical spine) (to include neck condition)) 10% Service Connected 10/7/2019 rhinitis with eustachian tube dysfunction 10% Service Connected 10/11/2018 sinusitis 50% Service Connected Gulf War Presumptive 3.320 8/5/2021 tinnitus 10% Service Connected 5/7/2017 bilateral hearing loss 0% Service Connected 5/7/2017 migraine headaches 0% Service Connected Burn Pit Exposure 8/9/2021

Thank you for the replies. She called the Navy clinic / hospital that she was treated at and the doctor still works there. They are sending some forms so she can get copies of her medical records from storage there. I will review the 38 CFR tirla 38 part 3. I haven't poked too much about what the stressful event was or if it was multiple stressful events. Just talking with me about it she gets really worked up for a few hours. Currently she is being treated for depression but I don't know if her therapist has determined if she has a PD or not. How would she go about getting the diagnosis changed or type of discharge changed? Again thank you for the info. I'll keep you posted once we get copies of her medical records. I found conflicting details on 180 days vs. service connected disability. Thank you, ~ryan

Background: My Wife (before we met she had enlisted) did a delayed entry into the US Navy in Aug of 2001. She took her oath of enlistment on Jan 15th 2002. She completed bootcamp and most of her A-School. However, on May 15th she was discharged. Total TIS (not including delayed entry if that even counts) was 120 or 121 days (do they count the last day?) On her DD-214 it states: Uncharacterized / Entry level separation (ELS). Reason for discharge was "Personality Disorder". Reentry code is RE-4 (not eligible to re-enlist ever in any branch of service). Odd note was Decorations, medals, etc authorized was None. But this was after Sep 11, 2001 and she did have on her class A's the National Defense Medal. We got married in 2003 and I know nothing about the military / VA processes. Now on to the question: Is she eligible for any percentage of disability through the VA? She claims she never had any type of personality disorder or other mental health issues previously. However, she may have been pre-disposed to it and her time on Active Duty aggravated the problem. Over the last 7 years, she has had 5 jobs totaling 15 months of employment. Each job ends with a mutual agreement that she wasn't fired etc. She also sees a therapist on a regular basis. Her medicine does cost some money and due to her not being able to hold down a job, we are at a significant economic disadvantage. Among other things with her being diagnosed with a mild depression in 2006 and trying to keep everybody in the house on track and feeding our kids at 5 am when I leave for work because she cannot function before 8 am and goes to bed at 10 pm. Does my wife have a possible claim for disability? I understand it will take an extended period of time to process and even get referals or appt's with VA doctors. She has copies of her DD-214 and they were sent to the VT Director of Veterans Affairs. She also has her orders from basic training at Great Lakes to her A-School at Great Lakes. Where would her medical records be located? She has an appointment card for one of her visits to the clinic at Great Lakes. It has a phone number on it. Would that phone number turn up any of her medical records from 2002? Or were they archived elsewhere? Thank you, ~ryan