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Found 7 results

  1. Greetings all, I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent. In 2001, I was shot in the leg, which destroy the femur. This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC. The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws. I lost not only length in the leg (2cm) but my hamstring atrophied. Since then, I've encountered continued pain in my knee and hip. All was documented in my military medical records. Often times, the pain would have me seek medical attention about 2 times per year, which again is documented. I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain. The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years. The pain continues. My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken. The VA Rating Decision gave me 0%. Unknown to me was the appeal process. Last year, I found someone who is helping me with the appeal. I live in a remote part of southern Germany, so connection to other retirees and vets is nil. This week, through my appeal representative, the VA has contacted me. They want all the background information on the shooting. They require the who, what, when, where, why, and how of this incident. I am also to supply them with records I have that they don't. First, they have a copy of my entire medical record. How am I to know what they don't have? Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required? Had I been shot while in Afghanistan would they be asking the same questions? Perhaps I simply do not know exactly how the VA adjudicates the claims. As this is not a presumptive matter, evidence of the injury must be presented. They have that in the form of my military medical records. Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability? Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware? Thank you in advance for any insight into this.
  2. TWIMC: I am trying to file a claim based on a Clear Unmistakeable Error. My back was injured during an accident on a ship as were my knees. All of this is in my service medical record. I can't find the forms to do this and was needing help on where to get the forms. The e-benifits site keeps indicating that this feature is not available anymore and I was wondering which site I should go to to get this accomplished.
  3. hello, i was told to look into something called smc l. i dont know if i qualify or not. i was given a 100% permanent and total rating in 2015. here are my ailments. biploar disorder 70% Asthma due to jet fuel exposure 60% cystic acne due to jet fuel exposure 30% carpal, allergies, tinnitus each at 10% i also get ssdi 100% and they require me to use my sister to manage my finances. my sister also basically serves as my caregiver. without her i dont believe i can function. she does everything for me from finances, to taking me to appts, to reminding me and sometimes helping me clean. and more. would i be able to apply for smc-l and if so how would i go about doing it. i overheard a family member discussing it with my sister and mom the other day. and it sounds very helpful. thank you
  4. Okay, I am hoping someone can help, and that this all makes sense. I recently submitted a claim for left shoulder secondary to right shoulder (residuals). My right shoulder was at 0%. I did a C&P exam (they scheduled it for an outside facility and I am currently trying to get the notes from that exam)-the exam was for both shoulders, and they upped my right shoulder to 20%, deferred my left shoulder, and are requesting another C&P exam. So, my question is this: I received the decision letter and it states that for evidence, (they list numerous things), but one part says, "VAMC treatment records to from October 2006 through September 12,2020. " I know that I have complained of shoulder pains throughout the years, but, when I look on my HealthyeVet reports, it only shows imaging for the left shoulder from 2015, but, again numerous complaints of (both) shoulder pain throughout the years. Can i: A)submit a CUE claim for the right shoulder (as this has been percentaged for disability) since they used medical records stated on my "evidence" (and so one must assume they used that in determining their decision). B) if they will not accept a CUE claim for the right shoulder, since there is imaging for the left shoulder from 2015, can I submit a CUE claim for left if it is secondary to the right (right disability they back dated to Sept. 2019, when they received my claim)?... Here is a copy of the decision letter for the right shoulder.... • VA Form 21-0966, Intent To File A Claim For Compensation and/or Pcnsion, or Survivors Pension and/or DIC, received September 30, 2019 » VA Form 21-4138, Statemcnt in Support of Claim, received December 5, 2019 » VAMC (Veterans Affairs Medical Center) Bay Pines, Miscellaneous Disability Benefits Questionnaire (DBQ) - Medical Opinions, dated August 26, 2020 and July 23, 202() • QTC Disability Benefits Questionnaire, SHOULDER AND ARM CONDITIONS, dated September 12, 2020 • VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits, received December 5, 2019 • VAMC (Veterans Affairs Medical Center) Bay Pines treatment records to include C.W. BILL YOUNG DEPT OF VAMC, from October 25, 2006 through September 12, 2020 • VA Form 27-0820 Report of General Information dated August 25, 2020, • Private Treatmcnt Records- C.W. BILL YOUNG DEPT OF VAMC, datcd June 29, 2018, rcceivcd December 5, 2019 • Written correspondence received from you, dated and received March 20, 2020 • Section (§) 5103 Notice Response, received March 20, 2020 REASONS FOR DECISION The evaluation of right shoulder bicipital tendonitis (previously rated as residuals, right shoulder musculoskeletal strain) is increased to 20 pcrcent disabling effectivc September 30, 2019. (38 CFR 4.1, 38 CFR 3.400) The effective date of this grant is September 30, 2019. The increased evaluation has been established from the day VA rcccived your intent to file (ITF) a claim for compensation. (38 CFR 3.155, 38 CFR 3.400) We have assigned a 20 percent evaluation for your residuals, right shoulder musculoskeletal strain based on: • Painful motion of the shoulder. (38 CFR §4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion of the arm at the shoulder, the minimum compcnsablc evaluation of 20 percent is assigned) Additional symptom(s) include: • None of the clavicle or scapula The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR §4.59. A higher evaluation of 30 percent is not warranted for limitation of motion of the arm unless the
  5. Hello Defenders of freedom! I have a question pertaining to this denial for headaches. The decision letter is quoted below. 3. Service connection for headaches. "We may grant service connection for a disability which began in military service or was caused by some event or experience in service. Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury. We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service." From my understanding these 3 points must be overturned to successfully win a CUE case: (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question. @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error?
  6. Hello ALL!... It's been a while since I've posted here. Nice changes to the web site. Anyway... In 1975, I enlisted in the Army. I went in with three Knowles pins, surgically implanted in my left hip, which was performed in the summer of 1970. Prior to enlistment, I had NO issues with this hip. I had full ROM (as this was also documented at AFEES), NO PAIN, ETC. During my time in basic training (while speed marching in sand one early morning), I hit a divot in the sand, and suffered a (what I believe was) a compression fx. It was extremely painful & I had dropped out of the ranks due to it. A visit that day to the dispensary, showed that, one surgical pin was protruding out into the joint space. This is the exact written statement made by the examining physician. He recommended that I be discharged. 8 months pass and my discharge orders are submitted, classifying me as "Medically Discharged" w/severance pay. Immediately afterwards, I applied for a rating with my local VARO and they schedule me for examinations to determine the extent of my disability. The VA doctors determine, with this exact wording... "Pins Working loose"... "Atrophy" "Avascular Necrosis" "Left Leg 1/2" shorter than right" (although this is NOT compensable, it contradicts what AFEES stipulated; that BOTH legs measured 37 inches) Back then, not knowing that I was entitled to a copy of my medical files, I had NO CLUE that I had all of these statements made by doctors. Anyway, the VARO rendered a decision in 1977, awarding me 10% (Coded w/5010-5003; SC 38USC 331 {AGG PTE}; 10% FROM 4/76; Res. of Fracture Left Hip w/Arthritis). There had been NO MENTION of the statements made by the examining physicians in the determination, regarding the above mentioned ailments, yet Title 38 awards a rating for each, except for "surgical pins". Not knowing anything about my condition, the laws or my entitlement to documents, I accepted the rating as verbatim and ASSumed this was honestly decided upon, by competent officials. I discovered years later that this is not the case... In 1977, I also had surgery to remove the pins, only to have an incompetent "Quack" botch the surgery (which led to my 2002 filing of an 1151 claim, then an FTCA Case in Fed. Court). In 2002, I managed to get copies of my entire file and pursued a CUE claim involving the "Under-rated claim" dating back to the original 1977 Clear & Unmistakable decision. After all, the raters failed at reviewing the entire write-up made by their own VA doctors. Even though I made multiple mentions in my constant filings, for some reason, it keeps getting swept under the carpet?! They are also referring to calling it "Residuals", as if it was already decided upon as a "Bundled Package". I DO know that this under-rating is TOLLING, being that it was never addressed in the 1977 decision. In effect, isn't it still an "Open Issue"? Tolling of Statutes of Limitations Law and Legal Definition Tolling of statutes of limitations refers to the situation when running of statutes of limitations is suspended. The U.S. Supreme Court has established a two-part test to determine whether a petitioner is entitled to equitable tolling of the statute of limitations. Generally, a litigant seeking equitable tolling of the statute of limitations bears the burden of establishing that: a. S/he has been pursuing his rights diligently; and b. some extraordinary circumstance stood in his way. [Pace v. DiGuglielmo, 544 U.S. 408, 418 (U.S. 2005)]. Since Discovery (2002) I have pursued this Under-rated claim diligently... AND (Some may question) An "Extraordinary Circumstance", such as my "Ignorance" in not knowing that I was entitled to copies of my entire file at the time along with my ignorance in knowing the laws (Title 38) at 19-20 years old, PLUS, My inability to research online (in 1976-77, there were NO computors or internet to research as we have today). In 2003-04, I found a case law, where as the BVA awarded a Veteran (I believe it was in 2002) with VERY SIMILAR ailments 60%. He to, had a "loosening of pins", "Asceptic Necrosis" & atrophy?! After a total hip replacement, the Veteran was downgraded from 60% to a 30% rating. After a hearing, the VA awarded the Veteran with a 50% rating. This is the heading of the Case Law: IF permissible, does anyone know the Plaintiff/Claimant in the Court Case? OR Is this hidden due to "Privacy Act"? Citation Nr: 0306080 Decision Date: 03/31/03 Archive Date: 04/08/03 DOCKET NO. 95-42 499 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to an increased rating for residuals of fracture of the right femoral head, evaluated as 60 percent disabling from June 1994 through May 17, 2000. 2. Entitlement to an increased rating for residuals of fracture of the right femoral head, status post right total hip replacement, evaluated as 60 percent disabling from July 2001 through March 2002 and 30 percent disabling since April 1, 2002, to include the issue of whether the rating reduction to 30 percent was proper. 3. Entitlement to an increased rating for lumbosacral strain, currently evaluated as 20 percent disabling. REPRESENTATION Appellant represented by: The American Legion WHY is my claim different? Even though the bundling of ailments in THIS case is used (Residuals), what makes my case different? The Bottom Line... Is there enough info here to determine if I have a "CUE" claim? Should the VARO awarded me a higher rating in their 1977 decision as they did with the Case Law above? Thank You in Advance for your comments/opinions on this matter! Bruce M.
  7. Hello fellow Vets, So today I began my journey of filing my first CUE claim with the help of my VSO. I've been rated appropriately for my Migraines (50%) and my lower back condition with sciatica to left and right leg (Combined 40%) over the past several months. The goal now is that I'm challenging the effective date for these conditions to my separation date of 6/30/2014. I was originally denied my back claim and rated 0% for Migraines. I've proven my back claim was service connected and wrongfully initially denied. The challenge will be getting my Migraine effective date changed but I'm hopeful. The VA has pushed back every step of the way! I'm going to do my best to keep a timeline of events and keep everyone posted with my claims progress. Wish me luck!!! 05/09- CUE claim filed 5/18- Preparation for Decision
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