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Found 7 results

  1. I'm S/C 100% TDIU , SSDI and Disability retired due to S/C diabilities (no SMC's) Narcolepsy 80% (sleep disorder) Sleep Apnea 50% (sleep disorder) Depression 50% (secondary to sleep apnea) left shoulder 20% right shoulder 10% knees and feet 20% #1 I was diagnosed and treated for Narcolepsy in Nov.1992 after a M.S.L.T in Landstuhl Germany. June 1997 I was given a another M.S.L.T and Polysomnography at Walter Reed they diagnosed me with long sleepers syndrome and ruled out Narcolepsy but the test also revealed OSA an PLMD. i was court martial out of the Military November 1997. November 1997 i filed for compensation Sleep disorder being one. October 1998 I was denied sleep disorder cause it was considered a congenital or developmental defect they never mentioned OSA or PLMD, i appealed and was denied again March 2003. DAV reopen my claim for sleep disorder Nov.2004, Dec.2004 and it was denied again May 2005. June 2005 I got a private IMO a MSLT and a Poly test. it revealed Narcolepsy, OSA and PLMD. I filed a NOD with new material Aug 2005 it was granted. VA granted effective date December 2004 i appealed the effective date they denied it. I filed a CUE it was granted July 2009 but VA only went back one month to November 2004. July 2014 I CUED the CUED back to November 1997. #2 September 2006 lost job an file for disability retirement due to Narcolepsy, Sleep Apnea and Right shoulder, submitted 21-4138 and 21-8950 September 2006 to VA for TDIU, Disability Retirement got approved February 2008, TDIU got approved February 2010 effective date February 2008. July 2014 I CUED the TDIU effective date back to September 2006. March 2015 BVA wrote this: In July 2014, the Veteran raised the issues of whether there was clear and unmistakable error in the assignment of the effective dates for the grant of a total disability evaluation based on individual unemployability due to service connected disabilities (TDIU) and for service connection for a sleep disorder, but those issues have not been adjudicated by AOJ. therefore the board does not have jurisdiction over them, and they are REFFERED to the AOJ for appropriation I have not received anything on this since this.
  2. So, I checked VA.gov to see the status of my CUE. It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22." So underneath that one is another "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent. When I contacted the 800# they said they are sending a packet to me. But as I said, VA.gov does not show that it is complete. In fact the date they have now under estimated completion dat, is 12/2020. Has this happened to anyone here on a CUE claim? I mean if they are finalizing payment of my atty's fees, wouldn't that mean a decision has been made? I would appreciate anyone giving input.
  3. Hello all, My name is Harvey Ryan. I'm an Air Force veteran, rated at 100%. I could really use some help. I've been attempting to submit a Request for Revision concerning an Earlier Effective Date for Service Connection for Migraine Headaches based on a C.U.E. I don't know what form to use. I was granted service connection for migraines with an effective date of December 2009 (the decision was made back in 2015). It was based on newly discovered service records that I'd been arguing were present for 15 years. The decision was made in my favor, however, they didn't consider the claim back to the original denial, which was June of 1993. My argument is based on the following: "38 CFR 3.156 Section (c) , as is outlined in M21-1MR Section 2a and 2d. CFR 3.156 Section (c): This exception deals with newly discovered service department records or records that existed at the time the VA made its decision and simply did not associate with the claim. If the claim was denied previously, but then granted on records which have recently been discovered, the regulation requires that the VA consider an effective date back to the time of the previously denied claim." In the decision letter, the effective date was only given to the date of 'receipt of my claim to reopen': . “In light of the evidence, an evaluation of 50 percent is assigned from December 14, 2009, the date of receipt of your claim to reopen your claim for service connection.” My argument is, because the regulation was NOT properly applied (direct contradiction to the mandate of evaluating from the date of the original denial, when all prerequisites outlined in 38 CFR 3.156 Section (c) are satisfied), it triggered my ‘Request for Revision’ due to the presence of an alleged CUE. I have included all supporting documentation in my file, however, I don't know what form to use to submit a C.U.E. claim. Some of the research I've done says to use the 20-0996 for Higher Level Review. If my interpretation and understanding is correct, that form is only used when the decision has been within the last 12 months. I also saw form 20-0995 mentioned for a Supplemental Claim. My interpretation of that form is when there is new evidence to present. My claim is based on a C.U.E., but no new evidence...so you can see my dilemma. If anyone can offer some assistance, I'd greatly appreciate it! Thanks to you all for your service to our country. Regards, Harvey Ryan
  4. 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):
  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. In 2010 while I was on active duty training I was hospitalized for a month. For walking-pneumonia, pneumothorax, hemothorax ,decortication and thoracotomy. I had 3 major surgeries in 48 hours, 2 blood transfusion, placed in a chemically induced coma and placed on a ventilator and life support. I spent two weeks in ICU. While recovering I had to re-learn how to eat, talk and walk. I some how turned into a vegetable. With this being the first time I've every had to go to the hospital I was traumatized by the visit. At the time I was 19. Since this was ADT, and not AD a LOD was done and found "NOT IN THE LINE OF DUTY." "NOT DUE TO OWN MISCONDUCT." Because I was receiving treatment before going on active duty. I was doing Honor Guard for deceased veterans. When the funding became available I was placed on an ADT status. 6 months after this incident I was deployed to Afghanistan. While there I was always short of breath. I continually coughed of blood and phlegm. I was medevac to a larger base that had better medical equipment to find what was wrong with me. I was diagnosed with bronchitis and given an antibiotic. It felt like I could never breath in enough oxygen. I stayed at a FOB that was in the middle of a village. Every couple of days the would dump human waste in the holes the locals dug and burn it along with other chemicals and material. I have been filling for asthma since I returned home from Afghanistan. At the C&P exam I did when I first filled back in 2011, the decision letter stated "The provider referred to a period of inactive duty." Service connect was denied. Which was a true state, but the provider never mention any of the incidents I had while on active duty in Afghanistan. With that a CUE claim has been filed and I now had another C&P exam coming up. I had PFT test done then and I had one done today. My question is which one will they use, and what if i run in to the same situation at the C&P exam. I have been on an albuterol inhaler since Ive been back I still continue to cough up phlegm and i constantly get respiratory infections. Im still always short of breath to where it affects my daily activates. It has gotten to the point where I become depressed because I'm not able to have fun with my two boys, as any father would and having to explain to them why I can't run or why I can't wrestle with them is heartbreaking. Any advice would be helpful! Respectfully, Army Veteran 2008
  7. Any advise on this matter would be greatly appreciated: I am service connected at 30% for right ankle sprain. I had a permanent profile while in service that excluded running, jumping, standing for long periods of time and any other thing that would effect my ankle. I had to attend physical therapy up until I was discharged. I was discharged in October 2003, a few months later, maybe (3-4) I filed a disability claim for my ankle. I was homeless around that time and was never notified of a C&P exam, however in my records I saw that an exam was in deed scheduled. In my claims file its noted that I was denied benefits and notified of the decision on 5-02-2004. Records indicated that I was denied because VA did not receive evidence of complaints of treatment for this condition since leaving active duty. My question is, since I had just left the service and had stacks of medical evidence for my condition, is it a CUE because VA did not rate the evidence of record? ?????? 1) When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination, and the exam was scheduled in conjunction with an original compensation claim, the claim will be rated based on the evidence of record.
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