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I have received a rating decision that granted me disability for my back and neck. I made the claim 08/10/2021. Back in 2008, I filed the same claim but as I was fresh out of the Navy I was not able to take off work to attend the appointment, so my claim was denied. Fair enough, I get that. However, in 2017 I put in a supplemental claim as my issues were getting worse. The claim was denied because: "The claim for service connection for back pain is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. A review of the evidence shows you were previously denied for back pain by Rating Decision dated May 29, 2008. You were previously denied because we were notified that you failed to report for an examination scheduled in support of your claim. The evidence did not show a current diagnosed disability. You were notified of this decision on May 30, 2008. We have been informed that you have missed the VA examination scheduled in support of your claim. There is no information presently indicating good cause for absence on the scheduled appointment date. As a result, medical evidence that could have been used to support your claim was not available to us. Please notify us when you are ready to report for an examination." At the time, there did not seem to be a way to notify them other than filing claims that I was ready for an exam. So I made the 2017 supplemental claim and subsequently received a denial letter with no recourse. Does this seem valid for a NOD on my effective date back to 2017? If so, do I write a supporting statement and are there certain things I need to be sure to include? redact 2017.pdf redact 2022.pdf

Good evening. 2003 submitted a claim, majority Environmental Hazard conditions - Southwest Asia 2 out of 10 were granted. The rest denied. Submitted an NOD A few weeks ago I received a letter from VA. They acknowledged receiving my NOD 20 years ago and also acknowledged that no further action was taken on their part on my legacy appeal. Basically they let the ball drop on my other claims. Today I received a call from Veterans Evaluation Services to schedule an appointment for the remaining unadjudicated claims. I am grateful they have finally acknowledge my claim, just wondering what should I expect after 20 years? Best way to manage C&P exam? Has experienced this before and can share sage advice. Thank you.

Good evening all - In 2003 I submitted a notice of disagreement (NOD) for several claims that were denied, of which one was Chronic Sinusitis (Environmental Hazard Gulf War). Following new legislation for burnpits I was granted 10% for Chronic Sinusitis and received retroactive pay. In addition to my VA letter for Chronic Sinusitis the VA sent me another letter for a rating increase PTSD retroactive 2004. I guess while they were reviewing my file they came across an error. The retroactive pay was a very nice surprise. Here is the Reason for Decision "On May 2004, we received your claim for service connection of post traumatic stress disorder. The rating dated November 2004, granted service connection with an evaluation of 10 percent from May 2004. We received your notice of disagreement on May 2005, and election of the Decision Review Officer process on May 2005. Rating decision dated September 2013, increased evaluation to 30% from October 2012. Rating decision dated March 2015, increased evaluation to 50% from July 2014. This decision is a result of your election of the Decision Review Officer review process." Please note: you will receive notice of a decision on the remaining appeal issues at a later date. (these are the other issues that were denied in 2003). It appears my NOD of was never reviewed by a Decision Review Officer. To be honest I just assumed my NOD was lost or ended up in a bottomless pit. I am very thankful the VA corrected this error and I hope VA continues to do their due diligence for all Veterans.

This one is a doozy... Below are recently written summaries of my situation that I have sent to various VSOs and firms doing pro-bono work. I have already applied to the NLSVP for help with my discharge upgrade through the Navy, but that is likely to take a year or more before I will even hear back from them. I also just applied to the Yale NVCLR after running across their recent success with the Army discharge review boards. I have decided to go with the DAV for my VSO, but I want to be as thorough with this as I possibly can. Questions that I have- How do I proceed without screwing myself? I have been unemployed for a year now and while I would love for every single avenue to be explored, at this point 9+ years later I just any help I can get. What is the best way to collect and present character statements? I plan on contact anyone I can on social media from my unit to vouch for both my time in service and my time post discharge, but I don't want to put too much effort in a potential "small" category of importance. I know of others in my unit who were also ADSEPd following our deployment for misconduct in similar circumstances, many with differing outcomes- Are these potentially relevant to my case if I can get permission to cite their discharges? What would be the potential bars from getting backpay on my original 2012 claim that was closed? I missed my C&P exams, but I never knew they were scheduled in the first place.- Also, in light of the recent Federal circuit decision , to what degree was the VA obligated to notify me of the new evidence they received in 2014 at my new address? In order to register an account on e-benefits, I had to fill out a survey that included a soft credit check and questions regarding my past addresses. They knew, or were able to on demand pull and verify, every single address I've lived at since getting out, but up until two weeks ago my mail was going to the WRONG address I enlisted from? Hell, even the email addresses listed on my VA profile were my parents! None of the contact information in the VA systems I've come across has been even remotely accurate... This is a lot, but I feel as if there are a lot of things at play in my situation. I can post redacted copies of what I have or clarify further on anything needed. Thank you in advance for reading. -tfy ------------------------------------------------------------------------------------------------------------------------------------------- START HERE FOR BACKGROUND INFO Subject: New Service Records Discovered by VA- 2012 Claim Good Afternoon Mr. XXXX, I was ADSEP'd (Administratively Separated) with an OTH (General-Under Other Than Honorable Conditions) in 2012 for smoking marijuana to self-treat PTSD following a combat deployment. SARPs (on base Substance Abuse Rehab Program) diagnosed me with Adjustment Disorder w/Depressed mood and Alcohol dependency, but I completed the program and fought the ADSEP by taking a board review. While the board recommended to retain me suspend the discharge recommendation with a conditional OTH in the event of further misconduct, my unit deployed before the board could convene and contrary to everything I had been told up until that moment, I received a 10-day letter with ~5 days left on it informing me that the reviewing authority upheld the boards characterization of service but rejected their retention recommendation. It demolished me and I have seemingly never recovered. Thankfully, my parents pushed me to file a claim through the American Legion in XXXXXX when I initially got home, but I moved all around in the interim, was told it was a fat chance in hell to overturn drug pop discharges (2012) and that I was by default ineligible by my command/others. Unable to stay at home because of my PTSD, I moved out of state and never received any further correspondence from the VA which led to missing C&P exams. The initial compensation claim was filed on X-XX-2012 and I was granted service connection for treatment purposes only for Adjustment Disorder w/Depressed Mood, which I did NOT claim. I did claim PTSD, left knee, right knee, back problems- all of which were denied service connection. Under REASONS FOR DECISION for Service Connection for PTSD, my decision letter states that they conceded my stressor (Combat Action Ribbon), but that my service records do not contain complaints, treatment, or diagnosis for that condition, and I did not attend my VA examination- as well as “Therefore, medical evidence that could have been useful to support your claim was not available to us.” In addition to my SARPs diagnosis of Adj Disorder w/depressed mood (an ACUTE disorder), there are records of me being seen at the Naval hospital on Lejeune for night sweats, a PTSD symptom, but I am unsure if that was included in the original compensation decision evidence. Fast forward to a few months ago and I discover I can be seen for free at a Vet Center, where treatment leads me to eventually contacting a VSO with the XXXXXXX. The VSO found a few files in my record that I have never seen in my life. After days of making calls to the VBA and VHA, I go from being emphatically told by the VBA eligibility department I am ineligible due to my Discharge Characterization- to registered with free VA healthcare on the same phone call earlier this month. Fast forward to last week, I receive a letter from VHA Member Services informing me that they have determined I am ineligible to enroll in VA healthcare due to the VBA determination letter I’ve copied/pasted below. THIS DIRECTLY CONFLICTS WITH THE 2013 VBA DETERMINATION LETTER CITED AS EVIDENCE. I made a million calls to the VA, and eventually get a call back and am told yesterday that my Characterization of Service Review claim was pulled by the VA XXXXXXX Regional Office and that there appear to be a few issues with my claims. The VA received more records from the service branch in 2014, a year after my original claims were Closed, but the claims were never reopened/examined, and nothing was done. The records were service records and medical records mixed together. The wording of the 2012 VBA decision letter (made by a different Regional Office than I currently reside in) are “conflicting” and confusing the VA Reviewers, which was the reason given to me why the XXXXXX office “has” my characterization of service claim. Today, I received a letter from the DVA Evidence Intake Center informing me that I have 60 days to provide evidence that helps with their decision concerning my eligibility for VA benefits. I do not even know where to begin. I have been in a pretty bad spot mentally, physically, and spiritually essentially since deployment, so to discover that I could have been getting help all this time is both infuriating and crushing. The VA Reviewer I spoke to at XXXXXXX said they would mail me a copy of the files the VA received from DoD in 2014 and that I need to go through everything with a fine-tooth comb and possibly consider getting representation. (I just got these yesterday, they seem to be similar to records I have from e-benefits and some that I kept from time in the service, but I cannot confirm 100% as they will not disclose to me what the newly discovered medical records pertain to) See the 2013 Character of discharge determinations copy/pasted below, I’ve XX’d out dates but can provide them as well as scanned copies of what I’ve received along with my original ADSEP package that I got a copy of before being discharged (potential conflict from my commands processing, they crossed through a required field on my ADSEP checklist for a CO’s letter of referral to the VA and wrote NA- told me I was SOL in no uncertain terms). ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Updates- "While the board recommended to retain me with a conditional OTH in the event of further misconduct, my unit deployed before the board could convene and contrary to everything I had been told up until that moment, I received a 10-day letter with ~5 days left on it informing me that the reviewing authority upheld the boards characterization of service but rejected their retention recommendation." I called the Administrative Law section at the LSSS-E (covers Camp Lejeune, where I was ADSEP'd) today and learned that my OTH was actually Suspended, which is different than a recommendation to retain. DID find supporting documents in my "milconnectrecordpull" that were also present in the newly discovered records that the VA did not previously consider (they received them in 2014, a year after my original claims were CLOSED) These included my ADSEP package and board findings, INCLUDING a Minority Report filed by a board member in support of a higher characterization of service on the grounds that it was an isolated incident- THIS WAS NOT considered in my original claims, but I was still previously granted Honorable for VA purposes (in 2013) ALSO included the order from the CO of my Units Remain Behind Element recommending that I be retained in response to the boards finding to suspend my discharge, a recommendation that was IGNORED- resulting in my discharge with an OTH. ------------------------------------------------------------------------------------------------------------------------------------------- The linked album contains a redacted copy of the 2013 rating decision on my 2012 claim that was closed. ------------------------------------------------------------------------------------------------------------------------------------------- Character of Discharge letters from 2012 CoD ISSUE: Character of discharge. ADMINISTRATIVE DECISION EVIDENCE: DD Form 214 Facts and Circumstances from the Service Department DECISION: The claimant's service from XXXXXX to XXXXXX was under other than honorable conditions. The claimant is entitled to receive VA benefits based upon this period of service. The claimant is eligible for health care and, related benefits authorized under Chapter 17 of Title 38, United States Code, for any disability or disabilities incurred or aggravated in line of duty during active service. REASONS AND BASES: 38'USC §101(2); 38 CFR 3.12(a) 38 CFR 3.12(d) 38 CFR 3.360 The claimant entered active duty in the U.S. XXXXXXX. The Facts and circumstances furnished by the service department show that after the Veteran returned from his tour station in Afghanistan, the claimant tested positive for TCH 35 (marijuana) and subsequently charged with misconduct due illegal drug use. It also states that despite the Veteran's good conduct (awarded Good Conduct medal in XXXX), favorable character appraisal by his command, involvement in highly dangerous combat activities such as Mojave Viper and lack of evidence showing pattern of misconduct the board decided to appoint the claimant an other than honorable discharge: This appears to have been an isolated incident. The Facts and Circumstances state that the Veteran was made the poor choice of turning to an illegal drug and alcohol to cope with his mental health issues derived after his tour in Afghanistan. Prior to this incident the claimant had not used any illegal substance or had any pattern of behavioral health issues. Furthermore, there is no pattern of misconduct that can be established With out restoring to mere speculation. With several mental health studies being done that have linked alcoholism & drug use as a coping mechanism to deal with untreated mental health issues such as anxiety, adjustment disorder & PTSD the claimant's testimony is considered probable. In view of the evidence of record it is determined that this offense does not constitute willful and persistent misconduct. (Signed as Concurred and Approved on 8/21/2013) ------------------------------------------------------------------------------------------------------------------------------------------------------------------ As well as this letter Dear XXXXXX, We made a decision regarding your discharge from military service. Every effort was made to see that your claim received complete consideration. This letter tells you what we decided, how we reached our decision and what evidence we used to reach our decision. We have also included information on what you can do if you don't agree with our decision, and who to contact if you have questions or need assistance. What We Decided We decided that your military service for the period XXXXX through XXXXX is honorable for VA purposes. You and your dependents are eligible for any VA benefits for this period of military service. How Did We Make Our Decision? The evidence shows that your service from XXXXX to XXXX was under other than honorable conditions. You are entitled to receive VA benefits based upon this period of service. You are eligible for health care and related benefits authorized under Chapter 17 of Title 38, United States Code, for any disability or disabilities incurred or aggravated in line of duty during active service. Evidence Used to Decide Your Claim In making our decision, we used the following evidence: DD Form 214 Facts and Circumstances from the Service Department

So I am getting juggled a bit between VSO since my awesome last one retired so would appreciate the proper route to take. I was just rated at at 50% Pes Planus with Plantar Fasciitis under 5276. This was a supplemental claim for only pes planus that was filed on 02/01/21 with a decision made on 03/12/21. After speaking with a VSO, who read me the decision letter and raters notes, he said there is no doubt the 50% for pronounced pes planus was justified, but was not sure why they arbitrarily added plantar fasciitis to the decision. I mentioned to the VSO that effective 02/04/21, a diagnostic code of 5269 - Plantar Fasciitis was added to the schedule of ratings - musculoskeletal system and if it was possible that they combined them under diagnostic code 5676, because that was how it was always done before and the rater did not read or know about the new diagnostic code. He said that could be the reason. Just to note, I was diagnosed at the VA with bilateral pes planus in 2017 and given insoles. I was again seen by the VA for foot pain and bilateral pes planus was again affirmed in 2018 with a different set of insoles. This last January I again went in with foot pain where pes planus was again affirmed, had another set of insoles cast, and was diagnosed for the first time with bilateral plantar fasciitis and given steroid injections in each foot. Ultimately I am looking to get the plantar fasciitis rated separately from the pes planus under the new diagnostic code of 5269, which due to the severity and being bilateral would be at 30%. In fact, my VSO had already submitted an intent to file for bilateral plantar fasciitis, arthritis of both great toes, patellar tendinosis of both knees, arthritis of both knees, and ITB syndrome as being secondary to the pes planus once it was service-connected. The history of my pes planus dates back to my final physical and I have been receiving treatment for it since 2017 in the form of insoles when it was originally diagnosed with the VA. It was only this last year that I was diagnosed with plantar fasciitis as a result of the pes planus. So what route do I take on this supplemental claim? I feel like a High level Review won't allow me to submit the VA medical records showing that I have been treated unsuccessfully for pes planus since 2017. Is that something I can bring up in the phone conversation with the reviewer to get the plantar fasciitis rated separately under 5269? I am not submitting any new evidence so to speak, but literally VA medical records that were already in the system for years. The other question is, does the new diagnostic rating for plantar fasciitis even apply to me? I filed on 02/01/21 and the new rating schedule went into effect on 02/04/21. I want to fight this decision because I am already rated at 70% with CAD, DMII, and Tinnitus. Getting the plantar fasciitis rated separately would be the difference between an 86% rating rounding up to 90% and 92% rounding down to 90%. This does not include the issues secondary to the pes planus like the arthritis and tendinosis that are under my current intent to file.

Hello all, I was re evaluated for PTSD this month and was raised to 100% for Combat related PTSD from 70% also made P&T, I have the Following conditions : Tinnitus 10%,Lumbar 10%,Radicuapathy-secondary 10%,Pes Cavus 30%,IBS 30%,Sleep apnea secondary to PTSD 50%, Should I be eligible for SMC-S Housebound ? I was wondering if I should follow a NOD or submit a new Claim? Thank you for any guidance

Thought it best to start a new post since my other one had become so long and probably fairly confusing with all of the twists and turns that my claim has taken. It seems as though the VA is about to deny my NoD for my knees (or has I guess since the DAV rep told me about the Dr opinion). Should have seen this coming a mile away when the nurse practitioner wrote the nexus connecting for my knees to my back. I just called her office this morning explaining that I needed a Doctor to basically endorse what she wrote so I could resubmit it. In short I interpret this as they simply got a Dr to opine their stance and since a Dr out ranks a nurse practitioner so the VA specialist's word stands. The DAV from St Louis also mentioned that from the VA that in the Dr's opinion there isn't any medical evidence to support the claim (a quick google quickly proves otherwise, but I know this doesn't mean a hill of beans in their eyes). Other than that is there anything else I can do? The other twist to this is that they are combining my CUE with the NoD for my knees. Thoughts opinions now that this is all new and improved "Ramp Based"? Backstory: My side; I have scoliosis (noted in SMRs), I was awarded service connection for back condition (based on records they had in possession at the time of original denial back in 1997 (yes big time CUE). Any quick google will bring back a plethora of material linking the two, not to mention almost any Dr will confirm that there are links between the two. My CUE; well after faxing material to Mr. Spickler's office evidently they routed it for a DRO review (included all pertinent documents). My CUE concerns the fact that they used the information in my SMRs to approve me for my back that they had in their possession at the time of my original claim back in 1997. My CUE claim is basically a textbook case of what a CUE should look like and how it should be decided. Instead they didn't even wait for the ink to dry before they denied it (actually couldn't have sat on the raters desk more than a week, this includes time in inbox). Since I had the other in RAMP I went and had this converted over to RAMP as well. My thinking is that if they are going to deny me under a DRO review then they might as well deny me quicker under RAMP instead of waiting 6 months to a year. If you are interested in reviewing the past history of my ongoing claim (now in appeal status) you can find it here (be forewarned it is long and can be quite confusing, though you might glean a few things of what not to do):

This post is about seeking the best advice for my next step(s). I'll try to be as succinct as possible, however, we are talking about the VA compensation process. I received a BVA decision in December 2018, most appeals were denied, however, the important one’s, back increase (40%) and SC for migraine headaches, although zero percent, were granted and the BVA judge also stated: TDIU: VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating; the Veteran has submitted several records indicating findings by VA that he is not employable at present due to his service-connected disabilities. This claim has not yet been adjudicated, and further, in light of grants of service connection and increased rating herein, required additional development. I currently have a total rating of 60% and the VARO TDIU decision states: Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. This case has not been submitted for extra-schedular consideration because the evidence fails to show you are unemployable due to service connected disabilities. (38 CFR 4.16). I received a fully favorable decision for SSDI by the Social Security Administration and VA Vocational Rehabilitation and Employment Services States: After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time. I had a VA/social security attorney, whom I felt was not meeting my needs as there was very limited communication on their part, I’d filed a complaint with them letting them know, I didn’t need hand holding, however I do expect my representative to take action on the BVA decision, appeals, CUE, etc. It seemed like they weren’t interested in working on my behalf, and I kind of felt like they were just waiting for a positive VA decision so they could get paid. I am completely aware VA things take time, and I’ve been battling the VA for three decades now. Anyway, I decided to contact CC&K and they informed me they aren’t interested in taking my case. I’ve already filed a NOD and I have no idea what’s going on with the VARO remand response to the BVA. I’m almost sure, I can win an increase for my migraine headaches rating and entitlement to TDIU via pro se representation. However, I would love to have some assistance and not sure if I should keep contacting attorney’s, VSO, forum buddy, or go on my own. I’ve only had one attorney in all the years I’ve been pursuing my VA compensation rights, my previous VA claims were won on my own, and I’m almost positive both my SSDI and BVA claims were granted without any assistance from the attorney. They got their VA 20% and SSA $6,000, so I figure were good and it was time to terminate our agreement and move on. Thanks in advance…

I was awarded 30% service connected for sleep apnea when I left the military in 2008. In 2013, I was directed to and took another sleep study. It was found and the VA agreed that I needed to start using the CPAP. VA reviewed the evidence, agreed, paid for and I have been using the CPAP since 2013. In Sep 2019, during a review of my records, my representative informed me that using the CPAP meant that my SA rating should be 50% versus 30%. I filed an increase claim and was increased to 50% with an effective date of Sep 2019. Shouldn't the effective date be April 2013 when the diagnosis was received and approved? I checked and the 50% rating for using a CPAP was in place in 2013. I wasn't aware of the rating difference at that time, so I didn't file a claim at that time. I'm asking because I'm thinking I may be due some back pay...……….

So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's. So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment. On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office. I knock on the door anyway. Two ladies answer. Tell them what I want and that I need them to do it today. They invite me into the office. I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need. The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this. Okay I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P. She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly. She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim. She then says "We work for the VA not for you, and the VA knows what it is doing". this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file. I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more. She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO> She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"...... Just f'ing wow. Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents. She then yells to the other woman to get "Bill". Man comes in and says "those are VA files you don't get to have them". I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW". I ask him why he is sticking his nose into an AL situation? He gets mad and leaves. She writes down her name, at least I think it is her name, date and time . Then says all she is going to do is fill out a FOIA. At this point I decide to let her do that and get a copy to submit with my complaint to the AL. She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what I want. She literally tries to argue with me. I tell her to stop arguing and write the FOIA the way I tell her. She writes it wrong in her own phrasing and i made her redo it. Then I made her add Time is of the essence on the form. When she handed it to me. I initialed before and after the typing and drew a line threw the blank space. She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying 'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature. I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.

I was all set to use the 21-0958 for for my NOD when I happened to notice the decision I am disagreeing with said to use 21-0995. I looked up 21-0995 and it said it's the "new and improved" faster response form. If there is such a thing as a "faster response" form, I'd like to use it. The 20-0995 makes it sound as if it can be used for both CUE and NOD. I need to submit multiple of both and I don't want to screw it up. Have any of you use this form? thanks

Hi all, This will be the first NOD I have to file, and I fall into the odd gap between Legacy, RAMP, and AMA processes. As I understand it Since the claim I am NODding was started Aug 2018, with a partial decision dated Oct 2108 and the deferred claim decision dated April 2019, I am supposed to still use the VAB Form 21-0958-ARE, which is the fillable form. The first question I have is about the actual form itself and I have filled out a sample to make sure this is acceptable to the VA. I am trying to make sure that I clearly indicate that attached records support my claim and that I give the reviewer an explicit road map as this is a complex claim. Please look at the attached sample and tell me if this is okay. --------------------------------------------- The second question is a bit more complicated and involves 3 distinct award/decision letters with different dates. The question is, which decisions do I NOD? Letter 2 and Letter 3 are both 2018. Letter 3 gives me the award but not the dates on Hearing Loss, on Vertigo it gives me an award but the wrong effective date and should be rated as Meniures instead of Vertigo based on all the evidence. Both should be back dated to 2013. here are the details. I have 2 of them in my possession and am waiting for the BBE for the 3rd one issued in April 2019. Letter 1 -Oct 2013 Letter 2 - Oct 2018 Letter 3- April 2019 In each of these letters the same issue is addressed, SC for hearing loss Letter 1 denied SC because C&P Doctor only looked at 1 enlistment to gather hearing loss and in-service Treatment for hearing loss w/ OSHA evaluation. Award states I have rateable hearing loss, but SC cannot be established. Had I known better I would have NODded or CUE'd this back then. Letter 2 denied reopening Hearing Loss denial from Letter 1 claiming evidence provided (proof the doc overlooked evidence in my record) and subsequent hearing tests. Acknowledges Hearing Loss rateable, denies SC claiming the evidence is not N&M despite showing that doctor did not look at all the evidence in my service record. I am sure I can also CUE this and would jump on that except for Letter 3 below. Letter 3 oddly grants SC from 2018 Hearing Loss C&P but gives effective date of 2018 instead of 2013 Important factors here: The 2018 rating percent would be 0% because I can still hear a little in that ear. Having the EED back to 2013 (Letter 1) is significant as that decision failed to Notify me of a possible claim for Documented Vertigo, failed to Assist me in developing that claim, failed to infer from the evidence, failed to acknowledge inferred request by me. The VAMC now claims they lost the evidence yet my medical records are replete with requests for help with Vertigo, ENT exams, OTO exams, Fragments saying I had OTO exam, MRI, and VNG tests and that I have Nystagmus. The sequence here is: Letter 1-ignored all evidence of Vertigo, failed to assist in developing claim, failed to infer, failed to notify, failed to even mention Vertigo Letter 2-Deferred my direct claim for Vertigo. Note: VA order C&P's and in fact I had 4 related to vertigo and hearing (which is a fustercluck unto itself). Letter 3- Have not received BBE but Ebenefits states I am now rated 30% for Vertigo and 0% for Hearing loss, both SC. In a fair world (I put that in for chuckles) the VA would have performed properly in 2013. They didn't. They would have corrected themselves in Letter 2. They didn't. I don't have Letter 3 yet but they in effect CUE'd themselves but gave wrong effective date on hearing which is integral to eventually getting Vertigo back dated to 2013. What they rated in the latest round actually fits Menuiers disease more than Vertigo. The 2018 OTO C&P doctor was incompetent and did not fill out a DBQ during the exam. He did not know why I was there. Did not deal with my gait issues or ask about them. Did not ask about frequency of events. He had his wife type up the form at home (those are his words) as he does not allow computers in his office. He and the rater ignored records in my med files concerning gate, MRI, VNG, etc being performed. He did not ask for MRI records or VNG records. There are a couple more issues like this but the above shows the complexity of my process. You can all see why I need to make sure I use the right forms and can create a roadmap for VA to follow. Any input would be appreciated. sample for hadit question.pdf

Curious what to do with this piece of information. I was going through my c&p's and the one I had in Aug 2018 that bumped me to 100% has this line in it. "He reports breathing difficulties, diagnosed - Obstructive Sleep Apnea. " I was using my CPAP when my original C&P in 2013 was done. My record has all sorts of references to it, including the VA issuing me on and way. I have the Sleep Study results in my hands. So what paths are open to me? in the 2013 standards being issued a CPAP w/ an SC (PTSD) related condition should have given me a 50% rating. Today's standards say I need the medical opinion to state' "he will die without it" or other such magic word nonsense. what is my most likely path to getting it rated and possibly retro pay?

I have had an appeal in for over four years now. In January I was put on financial hardship to expedite my file. I was sent an SOC April 10th detailing why they couldn't fully grant my appeal. I did get two things increased but three other things denied. Also in the SOC they said that they newly granted me service connection for fibromyalgia, mental disorder and sciatica. But they had no rating in the SOC just a note saying "an award letter would come under a separate cover". The 1-800 number says that there has been a rating assigned to the new service connected conditions but they can't tell me what they are because they haven't been finalized yet. They are being reviewed and authorized. So my question is how long will that take to finish usually? And why did they do them separately?

Good Evening. When I first got my VA rating package I was pretty happy with the 80% I got, but reading deeper in to it, it appears they made a few mistakes. One was so obvious, claiming my allergic hadn't gotten worse with service, even thou I had been on 7 different meds and wasn't service connected, and it is. I am working on an appeal for it. The real reason for this post is how the VA rates back pain. I have chronic lower back pain, on any day of the week it a 4 out of 10 on the pain scale, but with pain I can flex to 70 degrees. But the pain worsens at about 30-40 degrees. All resulting from years of flying, riding the cutters and two auto accidents. There are a few herniated discs, but currently not messing with my legs. I got 10% for my back for degenerative disc disease. How are they suppose to rate range of motion, when the pain starts or as far as I can go? Is it worth doing a NOD for maybe an extra 10%. I plan on claiming a couple things I missed on the first pass, I don't expect to get enough for 100% rating, but I can see 90%.

When you file a NOD how long does it generally take on the average to hear back from a DRO?. I filed a NOD form last week with Waco, TX. Regional Office and also asked for a DRO Hearing right up front to get that part out of the way without further delays asking me what kind of DRO I wanted... Never done a NOD before so any input on average time frame of initial response is helpful. Just curious. Wayne.

Howdy all. I'm finalizing my NOD to submit. I should have it ready to submit early next month. I have been told that I need to submit in the Supplemental Lane because I have additional support document to rebut the C&P Nurse examiner's exam. But I also plan to submit supplemental claims for the pain, numbness, and tingling in my arms and legs due to my neck and lower back problems. They will be secondary to those two issues. But the arms and legs issues were both listed as problematic in my original claim and even identified in my NEXUS letter and the DBQs I submitted. I did not specifically claim those issues independently though. Would those also be part of the NOD since they did not acknowledge them or actual supplemental claims?

I hope you can help me; not sure what I should do. I was rated Service Connected Disable for PTSD on August 21, 2012 @ 70%. I didn't expect this at all. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder). When I applied in 11/2011, I had been out of work for 3 yrs and was totally distraught,confused and disoriented. Needless to say, I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make. I'd like to know what your advice would be for this: I see where I do have serious social and economic problems and believe I am totally diasable & want to ask for 100% PTSD, Permanent and Total. I'm still on this job that wrecks my nerves, can't stop the obsessive thoughts and wants to hurt people because I don't work well with people at all. I took this week off because I couldn't pull up the gumption to go back in there after the week, mentally. What should I do; appeal my rating 1st and then apply for TDIU while working or do I go ahead and let the job go in order to apply for TDUI and then appeal the VA's decision? Thanks in advance.

Hello all, I received my disability decision rating for my initial claim about 2 weeks ago. I would like to submit additional evidence to support my claim and receive a higher rating on some disabilities and service connection on the issues denied. On the VA Form 4107, it says I have two options: Start an appeal by submitting a Notice of Disagreement (NOD) Give us evidence we do not already have that may lead us to change our decision I am interested to learn more about option 2, because I have heard appeals can take longer. It is not clear how to submit additional evidence (who should I send to, can I submit through ebenefits online or do I have to mail?). If anyone has experience with submitting additional evidence instead of submitting a NOD, I would love to get your advice on exactly how to submit and how to track and follow up with the VA after submitting. Thank you!

Hey all i recently put in a claim to reopen a prior decision on bilateral hearing loss and one with dizzines. VA tested but C&P doc only looked at first enlistment. said hearing loss is there but not service connected and did not give a percentage of what that hearing loss is. The hospital itself has ordered me to take a new hearing test but that is not until december 2018 VA deferred claim on dizziness and order new c&p and hearing test the hearing test is on the 13th of November 2018 and C&P is on the14th at QTC facilities. The question I have is should I bring my copies of military STR's concerning hearing test. Original claim was denied had this finding [X] Sensorineural hearing loss (in the frequency range of 500-4000 Hz)* ICD code: 389.11 and this write up 3. Etiology If present, is the Veteran's hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service? [ ] Yes [X] No [ ] Rationale (Provide rationale for either a yes or no answer): 1.RME dated XX/XX/XX (at induction) documents hearing within normal limits bilaterally. 2.RME dated XX/XX/XX (at separation) documents hearing within normal limits bilaterally. 3. Comparison of induction and separation exams indicate no significant change in hearing sensitivity and documentation of an OSHA-defined STS during military service CANNOT be established from this audiometric data. 4. The documentation of hearing within normal limits at induction, documentation of hearing within normal limits at separation, and the lack of documentation of an OSHA-defined STS during military service indicate that it is NOT at least as likely as not (50/50 probability) that veteran's current hearing loss is related to his military service Items 1 and 2 only refer to my first enlistment and what she called my "separation is actually marked as a re-enlistment physical. Item 3 there is an OSHA STS in the records she did not look at. The award letter used the same language denying my claim to (at least) service connection but probably 0%. The decision letter on reopening the claim should arrive by Monday the 12th and I plan on filing an appeal/nod on their denial of service connection based on them not looking at all the files and tests. AS it pertains to this newest C& P and hearing test, I want to make sure that this time they look at all the records to demonstrate that the hearing loss occurred in service particularly if they suspect Meniures (sp?) disease is causing my vertigo and dizziness. So will bringing my hearing test records and the first C&P to the tests at QTC help or hurt me? Thanks

here is the latest question. I got my decision letter for my ED claim and a copy of the DBQ. The attached award letter says in the writing at the bottom that I can possibly file for a voiding dysfunction by opening a new initial claim. The actual DBQ for ED has several errors in how he documented my answers to the Voiding Dysfunction section of the ED DBQ which is VA Form 21-0960J-2 There is another DBQ VBA-21-0960J-4-ARE for bladder issues. since the doc recorded my answers incorrectly should I NOD that DBQ to keep the earlier Effective Date? Or should I just file new claim as the letter says and write a statement describing what info he recorded incorrectly? Thanks. redacted decision page 0ct 2018 award letter copy for Voiding claim.pdf

Hello group - I had a sleep study in 2007 while on active duty and got diagnosed with "mild obstructive sleep apnea." There was no treatment provided/necessary. I retired from the Navy in 2017 after 25 years of active duty and submitted the sleep study in my claim. Unfortunately, I did not have documented proof of hypersomnolence. In May 2018 I had another sleep study with the result being "severe obstructive sleep apnea," and was prescribed a CPAP which I use currently. This particular evidence was not submitted in my claim package. I just received my VA decision letter on 10/4/18, the VA assigned a disability rating of 0% for the apnea (as expected), but listed it as "service connected." My question is this: I have the medical evidence now to prove I have severe apnea and I'm getting ready to submit a NOD. Do I have to also prove "service connectivity?" or has this been sufficiently established and cannot be taken away by the DRO? Also, do I have to provide evidence that I had hypersomnolence from 2007 to 2018 to prove it's all connected? This will be the tough part for me. It seems pretty straight forward, but I know nothing is ever a slam dunk in this arena so what am I potentially missing? Thanks! Joe

Hello to all the amazing people who are helping more people than you know, Looking for help with a few questions so here is the short (longer than intended*)rundown...My ETS was Mar2016.. While still active in 2010 was on my Sr year finishing premed degree with 4.0 gpa had to stop going to college when my second kid was born and wife was very ill the following years missed alot of work but always made up for it (i had very supportive chain of command that made alot of my own med issues go unnoticed or possibly pitty..not sure but love them all miss them all) fast forward to 2016 after ets wife is better all the kids in school and with full post911 benefits left why not try to finish my degree, unfortunately over that time my health had greatly deteriorated and school was not so easy anymore, and it wasnt just school but all areas of life had become to much for me(ALL). Without going to far into a long story I was in two major car accidents in 2014-2015 went into a mental breakdown loosing touch with reality on the reg and it wasnt until this year the "Helpful Psych at VA" actually taking her time to talk with me that we found out it was more than just failing in all areas that was making me act like a different person. Turns out that a blow to my head caused alot more damage than I originally thought, and i hope one day my friends and family can see who i once was again. Towards the end of my enlistment I went to see my pcp a few times and to mental health only once very bad communication between me and anybody from that point in my life to today which I still have trouble seeking/getting help especially when i have to wait months for an appointment and speak maybe 2 min max with the dr who never remembers anything and thinks its the first time we have met almost everytime and being a walk in is even more pointless as they really are already overwhelmed with patients already....so frantically rambling to a dr or dav or vso about a number of issues just trying to get the point across with no useful outcome is how I always leave and I constantly not remembering what im talking about by the time I start talking is why I thought it might be good to get on here and write it down...sorry...so va claim background: June 2016: First claim filed (4months after ETS) August 2017: First claim closed rated at 80% 0% for groin > for foot injury> for facial scar> and knees 10% tinnitus 10% Blood Pressure 10% arthritis wrist 20% back issue 30% migraine 30% maxillary <Denial: Dental> No complaints for dental had unbelievable issues with teeth dont know what or why but by this time next year i wont have ANY left. I have had 2 molars pulled in last year less than a month after dental c&p Side note* no dental or med exam when I got out no exit exam at all..whatever the exit medical exam is called to show you are healthy and well ready for civilian transition the clinic scheduled the exam the day my orders ended so Dr said he couldnt legally see me as I was no longer in the military. Last conversation I had on base... <Denial/TREATMENT ONLY: active psychosis/ gw claimed depression, anxiety/stress" (reason: i did not have any evidence or complaints in service but symptoms developing within time limit of leaving service hence treatment only) even though i did go to MH clinic while in service>>>#didnt know the only service records that the VA doesnt get/have access to is mental health! (Found out after calling the MH clinic at my old base with hopes that maybe a past appointment might be in their computer system somewhere...turns out they did have a record of the appointment with the MH Dr notes from the visit! #only one appointment but still #in service treatment record thats good right? **side note after receiving the "Treatment only" decision by VA and visits and advice from the "Helpful Psych at VA" who told me I should have got service connection "at least deppression 2ndry to chronic pains associated with scd's" which i filed for within a yr of the original notification letter. <Denial: hemorrhoids> (had/have but owell) no treatment in service prep h worked fine <Denial: genitourinary condition> #i had a mucosal discharge documented breifly in smr> with Dr visits in service noting possible relation to <Denial: Digestive condition> problems with gallbladder heavily documented in smr which va said existed before service in confusion with an appendectomy prior to entering service. #visits in 2017 to urologist documented discharge havent been back. <sometime between all of the psych visits from 2017 to now i have a history of TBI of what level is still unclear to me> have met with tbi specialist> still have alot appt scheduled with neurologist and neurosurgeons> TBI not rated as of right now... June 2018: file for increase in knee rated 0% and groin 0%, and claim Depression secondary to chronic pains associated with service connected disabilities Beginning of August 2018: Discover missing Mental Health records were available I notified VA of new material evidence to make sure service connection established and to maintain the effective date of original claim (being made available to VA within 1 year of original rating notification). This was done via VA written statement form and uploaded to the supporting documents for the now open claim for depression secondary on ebennies I also called the 1800# to advise VA and statement was taken over phone. I was also told that this would reopen the original claim for deppression. Mid August 2018 receive notification letter now combined rating is 90% : effective date June 2018 Increase Knee granted: 10% Increase Groin granted: 10% Depression secondary basis to chronic pains associated with scd's granted: 50% August continued>> while the claim was still open I met with the VA TBI specialist provided and she provided me with TDIU form since i have not been able to work due to the severity of my mental health conditions along with the form for spousal support which i faxed to claims intake but the claim closed and 90% rating was assigned but along with the tdiu claim I have a new claim opened for increase for depression and migraines which were the two most severe scds which the tdiu form asks to list on the form. The DAV has not contacted me at all throughout the entire claims process that started back in 2016 so I am not sure what I should be doing if anything more to make sure that i get the earliest effective date. I have been unable to get anything done in my day to day life and typing this has taken an entire day for me. Im failing out of school which means I wont get my post911 housing anymore of which ive used almost all of now, my wife has been taking care of me and our kids and i know its beginning to be to much for her to handle, to put iceing on the cake shes 2 month pregnant which i couldnt be happier to have another child but i dont know what im going to do, if anyone does read this long thing any advice is greatly appreciated. Sorry if it doesnt make much sense. Thank you to all of you who are doing great things for for the vets on this website it has been a go to place for me for the past 3 years Much love to my brothers and sisters i miss yall more than you know -c

Hi all, As i said in another post I am new here and looking for guidance, opinion, options that may be available to me. Without all the gory and boring details, I am currently rated SC 70% PTSD, 10% Tinnitus with a statement that my bilateral hearing loss is not service connected. This all comes from the same original claim in 2012. I found out last year, 2017, that in making the bilateral determination the doctor only looked at my second enlistment and did not review any records from my first enlistment. I found this out when going through my records which took years for the VA to "Find". In the records are audiology test records from the first enlistment which show the damage occurred in service. In my first enlistment I had 3 audiograms. 1 to enlist, 1 diagnosing problem, 1 to re-enlist. in my second enlistment I had exactly 1 audiogram which was when I completed my enlistment. In the record from the first enlistment is a piece of paper that says "rehabilitation plan complete." but no other information. When I took the 2nd test they told me to wear earplugs when i could. That was it. In the test results between enlistment and the 2nd test it shows the loss in both ears. The final test on discharge says hearing is the same as at re-enlistment which was after the damage. So here is my question on this: What are my options to challenge this decision? I did not discover that they did not look at both enlistments until last year, which is 5 years after they granted me my initial 70 & 10 percent ratings. Is there an option? Do i start it all over again? would I need to get a lawyer? any suggestions would be great Thanks

Sorry if this has been addressed before, but I was not able to find an answer anywhere else. After collecting dust for 480 days after filing an NOD with a DRO, my appeal has apparently entered a "Review" phase. According to the VA rep, the electronic system had a new note entered into my file a few weeks back stating that a DRO had begun to review the file. Can anyone offer insight into how long it could take from here to get to a DRO decision? I understand it depends on what else the DRO has going on and how complicated my appeal is, just wanted to see what others' experience has been. Appreciate any feedback.