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  1. Forgive me if this has been asked previously. I am trying to navigate the site and did not find anything searching for it. I am currently service connected at 50 percent for depression, listed as MDD and Anxiety. Had a heart attack last year. STEMI. CAD diagnosis. In discussing lifestyle changes, I was asked what my stress level was as far as job, home life, leisure, prior health, etc. Stress is high and depression is thick and real. Was told that the depression and anxiety COULD be a contributing factor and Id want to be as stress free as possible. Applied for secondary heart attack,
  2. I'm not technically proficient with computers. How can I up load a copy of denial letter to get some feedback? I don't have a scanner.
  3. How do I show that the failure of my right knee was caused by the injury I sustain to my left knee. I injured my left knee during a bridging accident in Bosnia in 2001. I had Surgery to fix the damage in 2002 at Fort Gordon. It was never the same and got worse causing me to put more weight on my right knee. In 2010 the VA sent me to have orthocopic surgery on both knees and they assigned a 10% rating to my left knee but nothing for the right knee. In 2018 the VA replaced both knees and assigned a final 30% rating for the left knee only. What options do I have as I was denied a secondary claim?
  4. I filed a claim for Sleep Apnea secondary to my PTSD, which is service connected. I have been diagnosed from the VA as having sleep apnea, and given a CPAP to wear at night. I used Carpenter Chartered Law Firm to do the claim, but got this denial letter (attached is an excerpt). In it, it says "In the absence of other major risk factors such as obesity it would be reasonable to attribute OSA to PTSD as this is considered a risk factor for OSA from uptodate.com". My thought is that if both obesity and PTSD are considered risk factors, shouldn't it be a 50% chance that it could be either
  5. I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing. Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed "2. Mild anterior endplate spurring, with disc heights maintained. 3. Thoracic dextroscoliosis, measuring 22 degrees" Which I'm told is indicative of degenerative disc disease and/or a
  6. 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 bi
  7. Waiting to hear from appeal VA said it is waiting to hear from dav on the paper work from you. I'd appreciate an answer. thank you. Gregory F Mcgrath
  8. My appeal has been waiting to be sent to VLJ for over a year. VA.gov updated today noting that a VLJ is reviewing my appeal. Fifteen issues for the VLJ to decide dating back five years.
  9. Your appeal is waiting to be sent to a judge Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Decision soon Your appeal will soon receive a Board decision. Submitting new evidence at this time could delay review of your appeal. If you’ve moved recently, please make sure that VA has your up-to-date mailing address.
  10. This will help explain "which form" to use. Don't be embarrassed if you dont know which form..many times the VA doesn't know either!!! https://cck-law.com/blog/7-most-important-va-forms-and-how-to-use-them?utm_source=newsletter&utm_medium=email&utm_campaign=July_2020
  11. Hi everyone, I just looked at VA.gov and this is what I see: Appeal received September 2016 Up to date as of July 11, 2020, at 9:00 a.m. ET Status Closed Granted Service connection, Post-traumatic stress disorder _________________________________________ The Veterans Benefits Administration granted your appeal The Veterans Benefits Administration agreed with you and decided to overturn the original decision. If this decision changes your disability rating or eligibility for VA benefits, you should see this change made in 1 to 2 months.
  12. I looked on my ebenefits today and saw that on a "claim for military pay in lieu of compensation was updated/filed in July" Why would this have been filed? I did not file it, and I did not retire from the service. I did have a case that a Court of Veterans Appeals judge was ruling on and my attorney called me a few weeks ago and said the might be open to reviewing IU for me. Is this related possibly? How? I did get a separation payment when I left the service and the VA withheld all disability payments until is was all paid off. It took about 10 yrs but was satisfied. Since then I have re
  13. Did the VA make the same CUE twice? Please offer your opinion. In my CUE, I asserted the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Here is the rating decision denying CUE: The VA acknowledges that a loud click was heard and painful motion started at 29 mm (falls in the criteria for a 20% rating) Again, the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion =
  14. Hello everyone. I filed an appeal this past October 28th. Since the appeals process has changed and I am new to this, has anyone appealed a denied decision or a low rating recently and has received a decision on the appeal? If so, how long did it take to get a decision from the date you filed? I am just wondering how long the appeal takes. My claim was pretty quick, it took about 3 months which wasn't bad. Thank you all.
  15. I filed for tdiu and ptsd claim in Oct of 18, I didn't have all my medical files lined up and was given service connection for unspecified anxiety at 30% in March 19, and denied tdiu for failed scheduled rating needed and they mentioned that I had work experince and helped for a year with my niece , weird mention in the paperwork for why tdiu was denied but whatever. So I filed supplemental claim in april and had a highly regarded univeristy brain department and psychiatrist department diagnosis me for ptsd as a referral from the VA. So boom got another c&p in June and was given 70 % ratin
  16. My husband, Marine Korea, Camp Lejeune, received 100% disability for kidney cancer, then VA cancelled it saying not enough proof. Can't be biopsied due to congestive heart failure and location of small tumor and radiologist and urologic oncologist have stated he has renal cell carcinoma. There are CTScans. He appealed. Now ALL his medical records from the original disability claim and the appeal, all filed by the local VA rep. have disappeared from his online file. This was confirmed today by the VA dr. who did his yrly. checkup. He could not find them either and said it is very diffi
  17. Hello, I checked ebenefits and it said I received a GRANT from the CAVC for increased rating "anklyosis of the shoulder." I had appealed for depression and anxiety as well and they were not addressed on ebenefits so I am guessing it is still on remand at the BVA level. Ebenefits also stated that my remand would take 16-24 months. I am currently 60% with 10 for tinnitus, 20 for ankle, 20 for shoulder, 20 for shoulder radicupathy, 10 for knee. What does all this mean? if I am not providing the information needed for input I am happy to do that but at this time I dont know what else to provide yo
  18. My VSO let me know that my OSA appeal was denied. My original claim was a direct service connection. I read the sleep apnea field manual from Chris Attig and appealed the decision. On appeal I stated the OSA should be secondary to PTSD and sinusitis. I obtained an IMO from Dr Anaise and a DBQ with the at least as likely as not and medically necessary (CPAP) statements from my psychiatrist. My question is on appeal can you submit evidence to make it a secondary condition or does it need to be filed as secondary from the beginning? I haven't received the RAMP appeal deni
  19. Yesterday when reviewing my medical records I noticed an examiner did a C and P/DBQ addendum. Im currently 70 percent and submitted for an increase(12 months ago) and also filed for IU(2 months ago). I don't know what this nexus means and would like to know if the exam was for the IU or increase claim. This examiner did a table top review as I wasn't present for it. See below: Please utilize this form when responding to VBA requests for either addendums or clarifications of prior VHA examination reports. This Veteran was seen for a C&P examination in December, 2017. At that
  20. 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
  21. Hey everyone, love the sense of community and support here, long time reader first time contributor...Anyway, just another OIF marine veteran from the mid 2000s here with a few questions. I initially filed a claim in 2010 - was awarded 80% in 2011/2012 and filed an appeal shortly thereafter for tdiu. I was awarded ssdi and have had continual treatment from the va for ptsd, tbi and lower back injury. I was denied initially, filed a nod and hired an attorney. Seven years later my claim seems to have been diversified, my appeal for an increase in rating has been sent to the board (vets.gov s
  22. My traditional appeal has been going in awkward direction. I know eBenefits is not reliable but in my case it has been because I confirmed my changes with the BVA ombudsman.  I’ve been been battling back and forth with the BVA for 25 years. However, I’m just caught of guard with the BVA’s recent development. The Judge and her team of her attorney’s that was reviewing my case temporarily placed my folder back in the storage room. My appeal status was “waiting in line to be placed on docket.” My claim was only in that status for a few days and then my cla
  23. Yesterday, I received a call from Client Service regarding my Appeal that’s currently on the the BVA Judges desk. I missed the call; however, the lady left a message stating that she will call me back. I called the number back that was on my caller ID and the operator stated the lady that called just wanted to give me an update on my Appeal and will call me back. Has this happened to anyone else? I had several appeals go through the Board but never have I received a call about my Appeal. What is Client Services? Thank you!
  24. ok so ,,,, if you read back on some of my posts you will see the issues i was having with the va, long short.. i was : 20bilat 20bilat 20bilat 20bilat and 40 = 76.4 PAYS 80 NOW IM, 40 bilat 20bilat 20bilat 20bilat and 40. = 83.4 PAYS 80
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