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  1. Hello all! I have a question that should be fairly easy to answer if I did more research, but I usually end up going down some rabbit hole on the internet and get myself more confused than anything! Here it is: On some what I now realize was some very bad advice from a "barracks lawyer" (we all know some of those guys), back in 2018 I filed a claim for a multitude of issues. Had one C&P exam, but it turned out I was denied for everything that I submitted a claim for in 2019. I did not appeal any of those decisions. I know realize that I should have claimed one or two things secondary to my existing service connection--the rest of my issues are just that--my issues--with no service connection. I am now working on my claim for secondary connections. The question is this: since I did not appeal the initial decisions from 2019, the VA will not go back to the 2018 submittal date regarding retroactive pay? Or is this an instance where, if there is new and relevant evidence submitted, they would go back to that original date? I think what I am getting at is a "supplemental claim", but I'm obviously not sure. Or since the original claim was all for direct connection, and this claim will be for secondary connection, this is a "new" claim? Maybe that doesn't matter since I did not appeal the initial decision... My gut feeling is that this is a new claim, so there would be not retro pay Thanks in advance for any insight! Huggy
  2. Hi, Last week, I was awarded P&T TDIU for a claim that was previously awarded 70% mental health disability rating. Should I now appeal the 70% mental health rating? The word "total" is difference between a 70% and 100% mental health rating, as I read the information. Is P&T unemployable possibly considered as a 100% disability rating? Thanks
  3. Pretty stocked and can't wait to get this info and share it. I recently submitted an iris claim asking about the 10 day policy of waiting after letter is sent with a decision and why they can't make it available online immediately and rationale for their policies etc. I've spoken to 2 people so far at the Peggy line and both have said that they are jealous (one actually is asking to have the info sent to their management team) of the information being put together for me and that they hope I like to read. One told me I better share this info with other veterans as well so my hopes are high for some really great information to share. Hopefully more to come by end of next week at latest.
  4. I have an remanded issue that was sent to the local RO September 24, I completed my C&P on October 19. Ebenefits currently says Prep for Decision. If the RO denied the issue and sent the remanded issue back to the BVA, how will I know and when will I know this was done? When will I receive back pay for the granted condition?
  5. My appeal has now being reviewed by a judged. My attorney filed a motion to advance on the docket due to financial hardship and it appears it got approved. So now it is a simple wait game. I personally think my appeal is a slam dunk. I have both an IME and IMO as well as a plethora of supporting evidence. While I am certain (nothing is ever 100%) I will be granted service connection I wonder if the VA will try to send me to more exams. I have a feeling my attorney is not going to go for that because for some of my claims the VA has already had me go to exams twice for the same issue. The exams were bad and I am talking keystone cop stupidity on the reasons for my denials. Back Claims: I have had 3 exams from the VA for my back. The first one was a laughable joke. It lasted less than 10 minutes. The examiner said less like because I am overweight. Ignoring all of the evidence that showed back complaints while I was not overweight. What makes the argument dumb is part is sleep apnea was on this claim (part of the appeal as well) and for sleep apnea I was using obesity as an intermediate step due to my not being able to exercise due to my back (Not SC) as well as other disabilities that are actually service connected. The other two C&P exams were done by LHI and QTC. I can't see them. They used them to confirm the denials but never the reasons why. In all my back decision they never mention the evidence I submitted. DIabetes: I had 2 exams this condition. In the first denial they actually did a complete explanation on the evidence and why it was denied. It was the only condition they did this. It was a complete crap decision. The denial was because their claim was Dr. Ellis based his decision off of my history alone. I guess they missed the part where he examined me. For my second exam It was per the Nurse Practitioner who stated it was less likely because there are no notes in my file stated that I was put on limited duty/profile while on active duty. I only know this because by now I hired an attorney who had access to my file and got me an IMO. The doctor that wrote the IMO tore apart the examiner and even stated that because she was a nurse practitioner she was not qualified to make determinations on diabetes. Hip Arthritis: I had 2 exams for this condition. I have no idea what the exam said as it was done by QTC. In the denial the rater states the examiner was unable to confirm a chronic diagnosis. Nevermind the fact that I submitted current medical records along with an X-Ray report confirming the diagnosis. The rater goes on to say that I claim my hip issues were secondary to my feet and at the time I was not service connected for my feet. However, my statement in support of my claim states I believe my issues were caused by my feet, feet and ankle issues. I also made sure to point out I am not a medical professional and do not make a diagnosis. I am not service connected for my feet and ankles but at the time of the decision I was already service connected for both knees. On the second exam the examiner stated my hip issues were less likely to be service connected because my conditions do not preclude me from all forms of exercise. He actually used paraplegics as an example saying paraplegics can exercise and maintain appropriate BMI. Now the second exam was not an actual exam. It was a records review. So I was denied based on their examiners history but the same standard was not applied to mine for my diabetes even though I had a physical exam as well. Needless to say the doctor that did my IMO tore this rationale apart. Knees: As I sit here and ponder I can't recall if I have ever had any additional knee exams except for the one in 2009 that gave me my initial 10% rating. I can this with absolute certainty though. I have never had a any VA examiner use a goniometer for my knees. It has been used (once) by QTC for a back exam but no examiner VA or otherwise with exception of my own examiner for my IME. I have went over every decision letter and the VA does not list a single measurement in the decision letters for my increase. They state in there a certain CFR was followed but it never shows what the measurement if any was. It would be a complete lie because there are no measurements but they don't even attempt to hid the fact there are none. Sleep Apnea and Ankles: Submitted new and material evidence. The VA acknowledged the new and material evidence and stated my claim is reconsidered. Deniedd me without even scheduling a C&P exam and confirmed the previous decision. No rational was submitted. They only state the evidence does not support a change in their prior decision. I have submitted a lot evidence for my claims. I have personal statements, Spouse statements, civilian medical records, service medical records, IME and and IMO. In all of my previous decisions the VA while they list all the evidence I submitted they do not address the evidence in most of the decisions. The only decision they say anything in is the diabetes decision.
  6. Just thought I'd throw my timeline out there for everyone, mine seems kind of weird compared to the norm. Not sure what's going on, or if this is just how AMA is going. July 31, 2020- Supplemental claim denied August 7, 2020 - NOD filed, requested hearing January/February 2021 - Virtual hearing scheduled for May 2021 May 24, 2021 - Virtual Hearing Held, Same day status was changed to "Your appeal was distributed to a Veterans Law Judge" and then "A judge is reviewing your appeal" Status has not changed to "Your appeals file is open for new evidence" June 2, 2021 - submitted the remainder of my evidence and a statement waiving the remainder of my 90 days to submit evidence. No further changes as of today.
  7. Hello Everyone, I have looked for guidance online pertaining to my unique situation for quite a while and I could not find any useful information, so I thought I would post it here after discovering this amazing website and after seeing so many knowledgeable individuals in these forums helping others. I truly apologize if I am giving more information than what is needed. I'll preface this by saying that I was not seen during my time in service for Sleep Apnea directly, but had developed the symptoms during my service, and was not even aware of the condition myself. I was hesitant to file for something that I was not seen for, but because of the insistence of my wife, I included it in my claim. I separated from the United States Army in APR 2017 and filed an initial disability claim on January 25, 2018. I went to a sleep study on March 3, 2018. A decision was made for this claim on March 28, 2018. I was granted 70% service connection for the following: - Sleep Apnea - 30% - Bilateral Pes Planus (claimed as bilateral flatfoot) - 30% - Lumbosacral Strain (claimed as low back condition) - 10% - Radiculopath Right Lower Extremity - 10% - Radiculopath Left Lower Extremity - 10% - GERD - 10% - Right Shin Splint - 0% - Left Shin Splint - 0% I filed for an increase on the Sleep Apnea condition in OCT 2018 after the VA scheduled an additional sleep study in OCT 2018 where the provider advised that I needed a CPAP. I am unsure why they determined I needed a CPAP in OCT 2018 when I had an initial sleep study in MAR 2018, but I was just following the VA's directions. I had suffered through these symptoms for years without the use of any CPAP therapy, so I was still unaware when I would receive a CPAP. I ended up purchasing one out of pocket. The VA sent a decision in NOV 2018 stating the following: 1. The rating dated March 28, 2018 was clearly and unmistakably in error for granting service connection for obstructive sleep apnea. We are proposing to discontinue service connection for this condition. 2. A decision as to whether the rating dated March 28, 2018, was clearly and unmistakably in error for granting service connection for Lumbosacral Strain is deferred. 3. A decision as to whether the rating dated March 28, 2018, was clearly and unmistakably in error for granting service connection for Radiculopathy Right Lower Extremity is deferred. 4. A decision as to whether the rating dated March 28, 2018, was clearly and unmistakably in error for granting service connection for Radiculopathy Left Lower Extremity is deferred. 5. The rating dated March 28, 2018 was clearly and unmistakably in error for granting service connection for GERD. We are proposing to discontinue service connection for this condition. At this point, I'm unsure what to do and what option to pursue, so I decide to not challenge their decision. About a year later, I receive a Decision Letter on 10/3/2019 stating: - Sleep Apnea 30% - Severed - 1/1/2020 - GERD - Severed - 1/1/2020 - Lumbosacral Strain (claimed as low back condition) - 10% - Continued - Radiculopath Right Lower Extremity - 10% - Continued - Radiculopath Left Lower Extremity - 10% - Continued During the entire process after separating the military, I was clueless on how to schedule appointments through the VA, how to log in to ebenefits (Now VA.gov), and how to access additional resources. Fast forward to MAR 2021. I am at an appt with my provider and she is looking through my medical history and sees the sleep study scans. I advised her that I have a CPAP, but tell her the VA never sent me one and they severed the service connection due to me not being seen while in service. She then submits a referral for the VA to send me a CPAP and advises I should try and appeal this. She states that if I did not have the symptoms before the military, filed within a year of separating, and the sleep studies show that I currently have obstructive sleep apnea, then I should appeal it. I reluctantly go to the VA office in my city and present this situation. He echoes the statement of the initial claim filed within one year of my separation and the sleep study results showing OSA. I do some research and see that Sleep Apnea is not a condition mentioned in the list that the VA considers for automatic service connection. The VA representative assists me in submitting a supplemental claim on July 9, 2021. I thought this was past the year mark of appealing, but he submits it anyway. On July 15, 2021, I receive a decision stating it was denied. The VA rep advises me that in the system he is looking at, the decision notes state there is no nexus link, so I would need to get a Nexus Statement from my provider and it should finally help get it approved. My provider has no appointments until 2022, so I do research. I find Dr. Joseph Krainin with www.singularsleep.com. I get in contact with them, and after reviewing my medical history, they advise that they can provide me a Nexus Letter linking my Sleep Apnea secondary to my Lumbosacral Strain and Bilateral Radiculopathy, as well as providing additional information on the likeliness of the Sleep Apnea developing during my service since it was reported on my MEPS document. I spend $800 on this document and hope it will change something. I submitted this appeal on August 24, 2018 containing this Nexus Statement document. In conclusion, based on how this decision goes, should I give up on the Sleep Apnea service connection after this? Without me being seen during my actual service, is it likely that the VA will not grant it? I hope this was not too much information once again. Thank you all for any help you can provide!
  8. Does anyone have any clue what the current date of AMA appeals the board is working? I know I can find the current legacy date in the appeals metrics, but they don't say anything about AMA.
  9. Board of Appeals: Direct Review docket- what month are they on? I know they review appeals based on the docket of the month the appeal was started. It is possible to find out what month they are on at the Board of appeals to try and judge to see how long my appeal will take to be reviewed?
  10. I found Alex on this site almost 4 years ago. I had posted multiple questions as to why VA denied my aid and attendance claim SMC L. Alex contacted me and agreed to help. He filed a new claim for smc l and of course va denied it. He then filed appeal to bva which was subsequently granted and I was awarded smc L. However I have 2 separate and distinct 100% ratings so I should have been awarded smc M. So, Alex submitted appeal to bva which after a year they closed appeal because they thought we were appealing original bva decision. We were not appealing decision just the m versus l. So Alex filed a new claim for m and va denied. Alex filed supplemental claim and va closed the claim without even adjudicating. He filed Again and same result. He made another attempt and that was denied too. Finally Alex contacted the secretary bva, the regional office coaches and raters claiming they had no idea how to adjudicate smc claims. Obviously he ruffled a few feathers and the truth needed to be said. Finally after more than 36 months of fighting, the VA admitted making 2 mistakes. They admitted the effective date for my original l should have been 6 months earlier and they admitted m should have been awarded when aid and attendance was granted. Bottom line- Alex knows more than va when it comes to SMC. Alex is a kind person who always listed to our concerns and always keep us in the loop. If you need thoughtful assistance with your smc and or claims in general, no one knows better than our friend Alex. Andrew & Linda
  11. I have attached my denied claim for migraines. I have many docs I can attach. I.e buddy letter from my mother ( fractured skull prior to military), and also squad leader that mentions bad landing on military jump service connection ( knocked out). Military entrance exam showing fractured skull. VA NEUROLOGIST stating service connection. Sick call slip headaches. There is more but post. But I’ll start with the ones attached. I don’t understand the reasoning for denial . They have rated me earlier with SSD. Aalso they show a history of risk factors … and if you look at my disabilities the denied me hypertension , musculosketal pathology of the cervical spine and chronic opioid use (because of my service connection disabilities) … is that not oxymoron.. no pun intended. Did I make a mistake filing as a secondary to ptsd? I could have filed for a Tbi service aggravation.. but if they won’t service connect me for this than who knows. Any input would be great. I won’t post everything I have but this seems to warrant service connection if I did not redact anything please let me know.
  12. I have roughly one million questions but I'll try to keep it simple. This is the first time I am appealing a denied claim (though not my first denied claim - I currently have 50% combined). Almost exactly one year after my C&P exam I finally got a denial for both of my knees). I did a HLR informal conference and now my va.gov status says "The VBA is correcting an error". Here is the decision I received on Dec. 7th after the Higher Level Review (sorry I couldn't figure out how to add image) and below that are my questions. Decision: 1. A duty to assist error has been identified during the Higher Level Review of left knee pain. 2. A duty to assist error has been identified during the Higher Level Review of right knee pain. Evidence: Timeline from intent to file on 10/2/19 to HLR informal conference on 12/2/20 Reasons for Decision: 1. Higher Level Review for left knee pain The issue of left knee pain was returned for correction of a duty to assist error in the prior decision. We failed to get other records. We will develop for lay statements and if warranted additional opinions. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.159, 38 CFR 3.2502, 38 CFR 3.2601) Favorable findings identified in the decision: You have been diagnosed with a disability. The VA exam dated 11/7/19 showed a diagnosis of patellofemoral pain syndrome. 2. Higher Level Review for right knee pain The issue of right knee pain was returned for correction of a duty to assist error in the prior decision. We failed to get other records. We will develop for lay statements and if warranted additional opinions. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.159, 38 CFR 3.2502, 38 CFR 3.2601) Favorable findings identified in the decision: A nexus or link has been established between your claimed issue and an in-service event or injury. During VA exam dated 11/7/19 the VA examiner provided a positive medical opinion linking your right knee to service. You have been diagnosed with a disability. The VA exam dated 11/7/19 showed a diagnosis of right meniscal tear, right knee instability, and patellofemoral pain syndrome. MY QUESTIONS 1. Am I just out of luck because I didn't seek treatment during Active Duty? 2. Under "favorable findings" it states that "a nexus, or link, has been established between your claimed issue and an in-service event". Isn't that the literal definition of a service connected disability?! 3. What is the error? What have you all seen as timelines and outcomes for this? Thank you to everyone who takes the time to respond and post. Reading these questions/answers over the last year has been both educational and comforting.
  13. My battle with the VA continues. Got some appeals at the CAVC. I have other appeals at the Board. Looks like my attorneys are fighting hard for me at the CAVC I wonder how long it takes to get a CAVC decision? Daniels Rule 33 Summary of the Issues.pdf
  14. I am looking for a little advice on how to proceed with my current claim. After several years of TBI treatment with the local VA hospital, I filed for a TBI claim. I am still awaiting the decision but just received my C-File that I requested a few months ago. From what I can tell, my DBQ DR did a horrible job and I am going to get underrated when the final decision comes. I was in and out within 25 minutes and no testing was performed. Once I told the DR that I had already done Neuropsych testing with the VA hospital the exam ended shortly after. When viewing my C-File and the record of the TBI DBQ exam I noticed that the DR service connected my TBI but didn't accurately record the symptoms identified in the Neuropsych exam. The DR just cut and pasted the Neuropsych summary but missed some ptretty big details from the rest of the report. My DBQ DR listed my TBI symptoms as; - Memory, attention, concentration, executive functions - A complaint of mild memory loss (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. - Motor activity (with intact motor and sensory system) - Motor activity normal - Visual spatial orientation - Normal These results were drastically different from my neuropsych exam which listed the following issues; My neuropsych exam listed severe impairment of several memory functions, processing speed, visual spatial orientation. It also listed mild impairment of motor functioning. I am not able to cut and paste the records I have for the Neuyropsych so I can't give the full report without showing my name. Does anyone have experience with a DBQ that is different from VA treatment records? What should my next steps be? Should i do a higher level review? Hire an appeal lawyer?
  15. I want to appeal for an larger increase but it's possible that they could decrease what they already gave me.
  16. I'm going to file an appeal for my TDIU and was wondering which will be my best option. My old claim is a legacy and I've never used this newer version. What are the pro's and con's of these 2.
  17. Thanks Berta I'll get right on the information you provided me. Should I have my lawyer file the cue now or wait to see how my supplemental claim is resolved?
  18. John ask if I had SSDI before I filed for TDIU, I do. I was denied my first try. My attorney filed an appeal which includes a vocational expert opinion. Will the VA access my SSDI records. I sent them a copy of my decision letter on my first application, but it didn't show in the evidence on my denial letter. The reason I received SSDI is because of service connected disability exclusively. I was under the impression that they would consider the SSDI vocational expert also. I guess I was wrong.
  19. Broken soldier they didn't have to pull my SSDI information on my claim. I included my award letter with my claim packet. On my denial letter nothing about SSDI was referred to in the evidence section. How can I make sure they look at it this time since its included in my initial claim and wouldn't be new and relevant in my supplemental claim. That's why I thought I could mention it in the remarks section of the 21-8940 they are requesting again. Because in block 19 they ask if you left your job because of your disability and if yes comment or remark in block 26. I thought I could mention it here.
  20. So under AMA vets get 90 days after a hearing to submit additional evidence. My appeal status has not changed to "Your appeals file is open for new evidence", it is currently "A judge is reviewing your appeal" . My question is, if I presented enough evidence to warrant a full grant, are they required to hold the case open for 90 days or can they issue a favorable decision?
  21. I had my appeal hearing on Monday and I am gathering the remainder of my evidence to submit. I was denied for no diagnosis, which I submitted extra evidence for and spelled it all out to the judge. I am wondering if a buddy statement providing some kind of objective evidence of painful motion would be helpful, even though its not useful for diagnosis purposes. Based on my feel from the hearing, I am hoping for a grant, not remand, and I'm trying to make sure any evidence to get me rated at least the minimum is in the file. 2 of my buddies who I have known as long as my condition has been going on agreed to write buddy statements reflecting severity and hopefully objective evidence of painful motion. A lot of my C&P's notate pain on various ranges of motion, but I don't know if that is sufficient under CFR 4.59 when it relates to diagnostic code 5002. 5002 says there must be objective evidence of pain to grant the minimum under the painful motion rule. Here is a link to a court ruling saying that lay statements from someone other than the veteran is acceptable, if I am reading that correctly. I am just trying to get ahead of the game and not have to appeal again if I get rated with a bunch of 0%. I realize service connection comes first, but I'd like to avoid going back to the board if at all possible. I I also attached a copy of one of my C&P exams for you guys to see, the are all pretty similar. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000056749/Petitti-v.-McDonald,-Oct-28,-2015,-27-Vet.App.-415-(2015) Wrist C&P.pdf
  22. So I had my appeal hearing with a BVA judge this morning. Aside from all the trouble I had with DAV it seemed to go well. (DAV didn’t contact me until 10 minutes before the hearing. Thought I was going to be going it alone.) i wanted to see if anyone wanted to weigh in on what the judge said. After I presented all the reason it should be granted she said the case was “pretty straight forward” and I “should have a decision soon”. She didn’t ask any specifics about my case, my condition, or how I believe they are connected to service , just if documents I referenced were in my file from previous portions of this claim. it sounds pretty good to me, but I know this stuff is always with a grain of salt.
  23. My Appeal is a legacy and at the bva. December 2016 is when it was filed. On va.gov it says my appeal was updated in July 2020. On va.gov it says they are working on claims from September 2017 and later. Shouldn't my Appeal be seen quickly. Va.gov says there are 85000 ahead of me. Just seems like December 2016 should be seen before September 2017. Also my claim was remanded to director of comp. And then sent back to RO and now is back at bva. Wasn't sure what to do.
  24. Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process! My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status. Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
  25. I know I ask a lot of questions, but DAV and VA never want to give any answers. I have a virtual appeal hearing next month and I have 2 questions not related to each other. 1. If my claims are granted will the VARO use the existing C&P to implement the decision, or are new C&P's likely? for reference, when the hearing occurs it will be less than 1 year since the last exam. 2. Has anyone had recent experience in the timeframe after the hearing to get a decision?
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