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georgiapapa
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Posts posted by georgiapapa
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Oiler1995,
You can go to Commissaries.com and they have a "Commissary Locator" section.
GP
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Andy,
If you have copies of all of your evidence, including the report on the MRI; I would send them in with your FDC claim. You do not want to give the VA any reason to change your FDC claim to a standard claim. JMO
GP
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MentalHealth,
While it is still fresh on your mind and your coworker's mind, both of you should prepare written notes of the event just in case there comes a need for a statement from your coworker and yourself in the future to address the shortcomings of your C & P exam. JMO
Good luck and thank you for your service.
GP
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This is excellent information.
Thanks Berta.
Georgiapapa
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dlove74us,
It sounds like your veterans service rep believes you have solid evidence supporting your claim for service connection of your breast cancer to your exposure to Gulf War toxins. I hope you do. However, in your previous post, you stated you submitted your DD-214 and your medical records. Unless there was a statement by your oncologist in your medical records showing a nexus between your breast cancer and your exposure to Gulf War toxins, and the statement was supported by reasonable medical rationale, I am not surprised your claim was denied.
I may be wrong, and I hope I am, but hiring an attorney or contacting your congressman is not going to do you any good unless you can come up with strong evidence connecting your breast cancer to your exposure to Gulf War toxins. You need more than a diagnosis of breast cancer to win your claim. As I stated in my previous post, you need a strong IMO supported by reasonable medical rationale. JMO
Good luck to you.
GP
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Dinnard,
Disability compensation for exposure to the contaminated water at Camp Lejeune is possible if the claimant can prove a connection between their disease and the contaminated water. There have been a few cases where compensation was awarded. A successful claim would probably require a strong IMO supported by reasonable medical rationale. JMO
GP
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Dinnard,
For further clarification, the VA health benefits in my previous post only includes treatment for diseases on the list of 15 diseases.
GP
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Dinnard,
Parkinson's disease is an Agent Orange presumptive for Vietnam era veterans. There are no compensable presumptive diseases for veterans exposed to the contaminated water at Camp Lejeune. There is a list of 15 diseases identified by the VA as possibly related to the contaminated water at Camp Lejeune and any veterans or family members who were on base at Camp Lejeune for at least 30 days between 1953 and 1987 are eligible for VA health benefits but not disability compensation.
GP
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If the CAVC uses the definition already established by US federal law, I believe the CAVC will decide that Danang Harbor is an inland waterway. Unless I am reading the law wrong, any waters inside the 12 mile demarcation line going shoreward is considered inland waters.
I base my opinion on Title 33 "Navigation & Navigable Waters." Refer to 33 CFR 2.26 and 33 CFR 165.1122 both of which define "inland waters." I would hope the CAVC would accept the definition of inland waters as being the same as inland waterways.
I cited 33 CFR 165.1122 since it appears to classify San Diego harbor as inland waters because it is inside the 12 mile demarcation line.
If a major ocean harbor such as San Diego harbor is considered to be inland waters, hopefully the CAVC will decide that Danang harbor is an inland waterway. I may be totally off base with my opinion and I am sure others will correct me if I am wrong.
GP
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what is an imo?
Independent Medical Opinion.
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icecube1986,
You should get an IMO from a sleep disorder specialist stating they have reviewed your SMRs and your private sleep study and in their opinion, your sleep apnea was present during your military service. Since you had symptoms of sleep apnea during your recent military service and your SMRs include a record of those symptoms, I believe an IMO from a specialist along with the recent sleep study will overcome any different opinion from a C & P examiner. JMO
Good luck to you and thank you for your service.
GP
- Buck52, icecube1986 and ArNG11
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highoctane,
Sorry to be the bearer of bad news. In my opinion, the VA should start compensation on the effective date, regardless of when the effective date falls. If the effective date falls in the middle of the month, the veteran would receive a partial payment for that month. The current VA policy is just another way for the VA to save money. It stinks, but it is the policy we are stuck with at this time. JMO
Good luck to you and thank you for your service.
Semper Fi.
GP
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highoctane,
Your compensation starts on the first day of the month following your effective date. If you had been discharged on November 29, 2014; your effective date would have been November 30, 2014 and your compensation would have started December 1, 2014. You lost a month's compensation by one day.
Take care.
GP
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Email address: Robert.A.McDonald@va.gov
Don't forget to put a period before and after his middle initial.
GP
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You are welcome.
Good luck and take care.
GP
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I do not think it would hurt to have the dentist provide you with a letter diagnosing your specific dental problem. If your dentist believes your dental problem should be rated higher than 0 %, I would ask him to also state his opinion in the letter and also state he based his opinion on his review of the Dental Schedule of Ratings in 38 CFR part 4.150. If he believes your dental condition should only be 0% or not be compensable, I would only ask for the diagnosis and not ask your dentist to opine on a rating because it is possible the VA might rate your dental condition at more than 0%.
You are welcome.
Good luck to you.
GP
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Berta,
If my recollection is correct, I recall reading a old VA memo in which tinnitus claims were only granted based on tinnitus caused as a result of trauma to the head rather than noise exposure. I might be wrong.
GP
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Steph,
I would show the above dental schedule to your dentist and ask him/her which specific condition best describes the trauma you experienced to your teeth causing the need for root canals and crowns to your teeth. Also, ask your dentist their opinion of which percentage level would be appropriate in their opinion. Even if they say 0%, this should justify payment for the repairs to your teeth. JMO
I already responded in your other post as to my opinion on filing an increase claim for your anorexia nervosa rating while you have your FDC claim pending.
Take care.
GP
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Navy4life,
I think if you submit a claim requesting an increase in your rating for anorexia nervosa at this time, your request for increase in rating will be combined with your current FDC claim and your combined claims will become a standard claim. You are currently rated at 60%. You would have to get at least an additional 20% in your current anorexia nervosa rating to make any difference. If you don't think you would receive a substantial increase in your anorexia nervosa rating, I would suggest waiting until your FDC claim is closed. Others may have a different opinion.
Based on the question asked by the VA in the letter you received, it appears to me the VA is associating your dental trauma to your passing out from your anorexia nervosa. If this is the case, it is a positive sign for your FDC claim. Then again I could be wrong. JMO
Good luck and take care.
GP
New C & P Exam For Heart Disease
in Veterans Compensation & Pension Exams
Posted
vern2,
It appears the VA tried to frame the question for the examiner in a manner where it would be difficult for the C & P examiner to find service connection. However, the examiner recognized the question posed was not appropriate for the actual chain of medical events shown in your medical records and the examiner provided an opinion based on what he/she believed to be the question which should have been asked to properly determine service connection.
The C & P examiner provided a favorable opinion but will the VA rep who submitted the original question accept the opinion of the examiner since the examiner appeared to disregard the original question and then provided an opinion based on what the examiner believed to be a more appropriate question. JMO
GP