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Found 11 results

  1. Can someone please clarify these concerns? 1. During the presumptive period after my ETS, do I file everything under one claim? Is it better to file everything under one claim or separately under multiple claims? I'm afraid of the doctors and staff looking over my claim and think I am 'malingering' even though they are all true. 2. I do not have my actual medical record packet but do have a generalized medical data (still quite detailed) from Tricare Patient Portal via downloading from the Blue Button. Has anyoe had experience with this? 3. When do I submit my nexus? 4. Do I need a nexus if I was seen during service by doctors and diagnosed for the condition I am claiming? 5. Do I submit proof (being seen by doctors during service, diagnosis during service) a long with my claim? Do you just send them the entire medical record or do you organize it so they can easily match up your medical history and each claim? It would be a pain for them to search through your whole medical history and at that point they may not even want to bother anymore...I assume.
  2. Please give me your opinion on how this headache DBQ is filled out. This was done by a board certified neurologist. My left knee is is rated at 10% for limitation of flexion. There are STRs that state my knee gave out in service. I have current medical records that also state my knee goes out. I'm also going to claim knee instability (I didn't know about this when I filed the first time.) I have a work accommodation forms filled out by my VA PC and Neurologist that state I need to leave work, not show up, and be allowed to complete my work on nights and weekends. The forms also state things like "Can't do any other activity during severe headaches" and "bedridden". I also have a letter from work stating they granted these work accommodations and 14 buddy letters. I'm planning on asking for an extra-schedular rating since the headache schedule doesn't talk about involuntary body tics, ability to focus/keep on task, interference with reading, and interference with driving. Opinions requested for: Nexus Does this fit extra-schedular ratings criteria? Does 1C and 2A cover medical reasoning that would normally be needed in an IMO to back up the doctor's nexus? What if anything should I ask the doctor to change? Thank you
  3. My husband was in service from 1999-2003. He did two tours to Iraq. He received 3 TBI's while in Combat, but no records were made of the incidents due to the Medic with them being killed. Is there any way to prove that his TBI's were service connected even though there are no actual records? I've found a friend of his that was in combat with him that is willing to write a buddy statement. I've also seen where the Veteran can write a statement themselves which makes it Service Connected. What can I do. He has 70 IU, but they never gave him his back pay for this because they didn't raise his rating. Also, I know they do reviews and I've read that you need to file for every Service Connected disability just in case they lower another rating at the review. I've read through his VA medical records and there's a few places where it shows he has a TBI....Some say Combat related with his story and one doesn't, but has no story with it. HELP!
  4. I have been retired for 7 years now and was rated at 60% for various disabilities after I retired. One month after I retired, I had a colonoscopy; benign polyps (i.e. benign neoplasms), a type that could turn to cancer, were found and removed. I have had polyps removed twice since then. Now I would like to get my polyps service connected at 0% in case something more serious were to develop in the future. My question: Since my polyps diagnosis was only a month after I retired, do I need a NEXUS letter to say the polyps were "more than likely" to have developed while on active duty, or would it be presumed the polyps developed while I was still on active duty? I looked at the presumptives in Title 38, and I don't think this fell under any of the automatics. Thanks for any help.
  5. So to make a long story short, I was active duty since 1994 and medically discharged in 2005. Since around 99/2000 I have suffered from what I now know as sleep apnea. I was never tested for it during service, but I had no idea what the heck it even was. Only knew I was being woken up by my wife, and when in the field or deployment soldiers, because I would snore loud and then stop breathing. I placed an initial claim for this in 2010 after I had a surgery at the VA, and I was placed in the ICU due to low oxygen levels and having sleep apnea during surgery. 04/2010, I did the first claim on my own and it was quickly denied. 10/2010, I re-opened the claim with 3 buddy letters of soldiers who witnessed me in the same close sleeping questers during deployment, stop breathing. Had a C&P exam, with a doc who spent all of 3 minutes asking me directing questions. It too, was denied. 04/2012, I re-opended it again after I had my actual VA doc write me a nexus letter claiming it was "more likely than not" related to service and a new buddy letter from a service member who shared quarter with me in various units, and from my wife. It too, was denied. 02/13, I submitted the NOD, and had a DRO review, it too was denied. 02/15, I submitted the appeal, with the help of Military Order of the Purple heart. It was received 03/2015 and and it was been sitting since 09/2015 at "Awaiting place on docket" Anybody have this type of claim? Trying to use secondary evidence and Nexus letters because you have no service record of it? The advice I have been given depends on who I have asked. I have been told, I should have been awarded due to mixed views and having the benefit of the doubt. I have been told I have no chance without a record of it in service. I have been told it is just the process I have to go through, the VA denies denies denies and dwindles down the hopefuls to very few who will take it all the way through appeals. I have been told both do do a congressional investigation because it worked, and to not do a congressional because I will only provoke a quick "no" answer. I am hoping someone who has been in my shoes can tell me what they went through. I have no idea how long I will be in this appeal process, but I am now going on six years fighting this thing, although for the VA they only go back to the last time you re-opened so for them 4 years.
  6. I am 40 percent service connected for Spondy 20% knees 10% patellofemoral.. I am also being treated for Anxiety, Depression, insomnia, fatigue at the VA. I have been diagnosed with Generalized anxiety disorder, and Major Depressive disorder (mod) In my records it references that this is because of my Chronic pain.. I also have a Note/letter from my VA MD that says my "Anxiety/Depression is "most likely" caused by my Chronic pain syndrome from my Service connected disabilities" is this sufficient to get these rated? Any help would be appreciated. Thank you
  7. i am currently at 60 percent for all of my physical issues... knee, hip, back, hearing and nerve damage. i just had my first comp and pen for ptsd and the results are in myhealthyvet i wont post the whole thing i cant seem to get it to copy and paste :( here is the portion where he lists the severity of the issues: Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteriabased on today's evaluation?[X] Yes [ ] NoICD code: F43.102. Current Diagnoses--------------------a. Mental Disorder Diagnosis #1: PTSDICD code: F43.10mental Disorder Diagnosis #2: Unspecified Depressive DisorderICD code: F32.9Mental Disorder Diagnosis #3: Alcohol Use Disorder in sustained remissionICD code: F10.10b. Medical diagnoses relevant to the understanding or management of theMental Health Disorder (to include TBI): SC knee condition3. Differentiation of symptoms------------------------------a. Does the Veteran have more than one mental disorder diagnosed?[X] Yes [ ] Nob. Is it possible to differentiate what symptom(s) is/are attributable toeach diagnosis?[X] Yes [ ] No [ ] Not applicable (N/A)If yes, list which symptoms are attributable to each diagnosis anddiscuss whether there is any clinical association between thesediagnoses:PTSD - Recurrent, intrusive, distressing recollections of trauma,recurrent distressing dreams, intense reactivity upon exposure tocues associated with the trauma, efforts to avoid thinking aboutthe trauma, avoiding experiences that would arouse recollectionsofthe trauma, hypervigilance, and an exaggerated startle response.Depression - low mood, guilt, hopelessness, low self-esteem,diminished sense of pleasurePTSD and Depression overlap (determining proportions would requireresorting to speculation) - markedly diminished interest insignificant activities, feeling detached or estranged from others,restricted range of affect, difficulty sleeping, irritability, anddifficulty concentrating.Alcohol - temptation and use of alcohol beyond two servings in asitting.c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?[ ] Yes [X] No [ ] Not shown in records reviewed4. Occupational and social impairment-------------------------------------a. Which of the following best summarizes the Veteran's level ofoccupationaland social impairment with regards to all mental diagnoses? (Check onlyone)[X] Occupational and social impairment with deficiencies in most areas,such as work, school, family relations, judgment, thinking and/ormoodb. For the indicated level of occupational and social impairment, is itpossible to differentiate what portion of the occupational and socialimpairment indicated above is caused by each mental disorder?[X] Yes [ ] No [ ] No other mental disorder has been diagnosedIf yes, list which portion of the indicated level of occupational andsocial impairment is attributable to each diagnosis:PTSD - serious impairment in social and occupational functioningDepression - moderate difficulty in social and occupationalfunctioningAlcohol - absent And here is the section i ****THINK**** is the nexus i needed it is in the remarks section 9. Remarks, (including any testing results) if any--------------------------------------------------Based upon the training and experience of this examiner, the availableliterature on this topic, and the examination of this veteran today, itisthe opinion of this examiner, per DSM-5 diagnostic guidelines, that thisveteran does suffer from a PTSD and that is at least as likely as notcaused by the veteran's service as it is consistent with thecircumstances, conditions, and hardships of that service and theveteran'sclaimed stressor involves a significant emotional response (such as fear,helplessness, or horror) to exposure to hostile military or terroristactivity. His Unspecified Depressive Disorder more likely that notshares its etiology with his PTSD and is at this time, more likely than not,aggravated by the impact of the PTSD on the veteran's lifestyle.HisAlcohol Use Disorder has more likely than not been secondary to his PTSDat times as a form of self-medication.NOTE: VA may request additional medical information, including additional
  8. Hello Hadit Members, I have not been on here in a very long time. However, I do check in from time to time to read opinions on different subjects. I appreciate all the hard work that members do here. Backstory: Discharged in 1988 due to “other physical/mental conditions. Personality disorder” In 2008 and after 14 years of battling for my disability for neck/back injuries and depression, I gave up after being denied. I didn’t appeal the BVA decision. I was really worn out. I was diagnosed with PTSD due to MST (changed from depression) back in 2007. For some reason I didn’t pursue it. I told someone after it happened and she didn’t believe me so I held it in. Over the years I shared it with family/friends and they ‘got it’ they now understood why I am the way that I am. I heard of a study that was being done by the VA and I was chosen to participate. When told I would be videotaped, I said no. I wasn’t ready. Every time I would start therapy/meds I would stop, I started again last September, it was going well until she kept wanting me to write about the incident. Yuck. I bailed. Praying that I will get the courage to start again sooner than later. I already feel the effects of leaving. However, I have been taking my meds daily and sticking to it for once. I have resigned from my job once already, just turned in another notice last week. They really like me and my work and are looking for something that isn’t client facing. My anxiety ruins my chances of ever dealing with people on a constant basis. I get angry and it’s just not good for the company. Earlier this year, after my youngest turned 18, I decided to file my claim. While gathering evidence I ran across this a letter from my VA physician at the time. I was so worn out I didn’t even read it to be honest. It came after the fact, if memory serves me. He mentioned the things that he was treating me for and the meds that I was taking. The only thing that he wrote was this one paragraph and it made me scream HALLELUJAH!!! “Her DD214 documents “other physical/mental conditions-personality disorder”. In my opinion, it is likely that depression and fibromyalgia, with onset during time of military service, are causing ongoing physical and mental symptoms.” Is this a good nexus statement? In my mind its yes yes yes, but I know that you all have more experience. Your thoughts?
  9. I have seen quite a few new people, and decided to make sure, if you are a new claimant, that your claim contains these 3 things, as you wont be getting benefits without them, and you will be forced to a very long appeal: 1. Documentation of an inservice event or aggravation. It is not enough to have an inservice event, it has to be documented, and, that documentation has to be in your C file. Its not enough that your hospital or military branch has it, you need to see to it that VA has it. (If you have not ordered a copy of your cfile, you need to do so now) 2. Current diagnosis. You need to have a doc diagnose the malady you seek as benefits, and, again, this has to be documented and placed in your cfile, or it did not happen. 3. Nexus. Contrary to what your VSO tells you, A "nexus" is not a car similar to the Camry. A nexus must be very specific, it must be documented, and VA must have it, or you will be denied. Your nexus is a link between #1 and number #2 and needs to be worded very close to "The Veterans xxx (diagnosed condition) is at least as likely as not due to yyyy event in the Veterans military service. There are few things certain in life, but, absent one or more of the above, you can be assured your claim will be denied.
  10. I am seeking help on what to do going forward. I retired from the AF in 1999 and recieved Service Connected disability for hearing tinnitus 10%, hiatal hernia gastroesphageal reflux disease 10%, gegenerative changes left knee 10%, degenerative changes right knee 10%, status post left acromioclavicular separation (shoulder) 20%. In April 2014 I apllied for an increase and requestioned evaluation that my conditions have worsened over 15 years. I have severe osteoarthritis in both my hips and am scheduled for surgery this coming Friday to do hip replacement on my left hip which is the source of constant pain and I have fallen several times in recent months. I have been seeing an othopedic doctor for 2 and a half years for that condition and not willing to have surgery until recently. I can hardly walk now and it has been awhile (2 years) since I could even put on my socks and shoes without the help of my wonderful wife who is a registered nurse and works for a different orthopedic doctor but none-the-less she is well versed in ortho medicine. The VA sent me to a QTC doctor who examined me and I wasn't very happy with his exam in which he stated there was no X-ray evidence of any osteoarthritis and when he told me to squat and lifet my legs in the exam I was unable to do those tasks and he reported to the VA I refused to do Range of Motion measurements. I receivedy reponse from the VA Yesterday and they denied any increase and also denied that my bilateral hip condition is secondary to my SC knees. I am quite certain my gait and pain from my knees has aggravated my hips over the 15 years since I was initially awarded bilateral knee degenerative. I have asked for a nexus letter from the surgeon who is going to do my surgery on Friday stating my knee condition has more likely than not aggravated my hip condition. I was told by my VSO we can submit additional information in response to my claim denial. My question or what I need help with is trying to determine if I should also get my wife to submit a nexus letter as a medical professional and close observer of my worsening condition over 15 years. How is it possible to prove my knees have aggravated my hip condition. Does the civilian doctor's letter change anything. I am usually an optimist and I won't give up and I would appreciate any advise anyone out there can provide to help me. I want to know if I will be eleigble for temporary disability since the VA has already denied my hip is not SC to my knees. How could they not be? By the way I wondered if I submitted pictures fo the kind of acitivity my military job as an aircraft crew chief maintenance mechanic would carry any weight. The job (22 years) of repetitive squatting, kneeling, climbing, bending, twisting on hard surfaces such as concrete, aircraft surfaces and pushing and pulling heavy ground equipment and carrying additional weight like tool boxes and test equipment didn't take it's toll on my hips whethre it began to show up as a problem about 4 years ago. I have also had four or five injections for my left hip and both knees over the past 4 years. Thanks you yoou all for your own sacrifices and service to our great nation. NEVER GIVE UP!
  11. From time to time I see that buddy letters are used to help develop the continuity and nexus of a claim. I also see recommendations for letters from a spouse, children or other family members. Does the VA really consider this strong probationer lay evidence? I hadn't thought about having my wife write a letter, but if it will put another nail in the claim, maybe I should. Any thoughts or past experiences? Happy Labor Day! Mark