Jump to content
  • Searches Community Forums, Blog and more

Search the Community

Showing results for tags 'nod'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • General VA Disability Compensation Benefits Claims Forums
    • VA Disability Compensation Benefits Claims Research Forum
    • Appeals Modernization Act AMA
    • RAMP Rapid Appeals Modernization Program
    • Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
    • Veterans Compensation & Pension Exams
    • E-Benefits Questions
    • Vets.gov
    • PTSD Post Traumatic Stress Disorder Claims
    • Entitlement - Veterans Compensation Benefits Claims
    • Eligibility - Veterans Compensation Benefit Claims
    • CHAMPVA
    • TDIU Unemployability Claims
    • CUE Clear and Unmistakable Error
    • Success Stories
    • OEF/OIF Veterans
    • VA Caregiver Benefits for Post 9/11 Veterans
    • SMC Special Monthly Compensation
    • IMO Independent Medical Opinion
    • Veterans Benefits State & Federal
    • VA Medical Centers Navigating through it
    • Medication – Prescription Drugs-Health Issues
    • VA Training & Fast letters, Directives, Regulations, Other Guidance Documents
    • MEB/PEB Physical OR Medical Evaluation Forum
    • VA Regional Offices
    • VA Disability Claims Articles and VA News
  • VA Claims References
    • Title 38 / 38 CFR
    • 38 CFR 3 Adjudication
    • 38 CFR 4 Schedule for Rating Disabilities
  • Specialized Claims
    • TBI Traumatic Brain Injury
    • Mefloquine / Lariam
    • Gulf War Illness
    • Agent Orange
    • ALS - Amyotrophic Lateral Sclerosis
    • MST - Military Sexual Trauma
    • Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)
    • Project SHAD/Project 112
    • Vocational Rehabilitation
    • VA Pensions
    • DIC
    • FTCA Federal Tort Claims Action
    • 1151 Claims
  • Veterans Helping Veterans Podcast
    • Veterans Helping Veterans VA Claims Podcast
  • Welcome Aboard
    • Help Files - How To Use The Forum
    • Introduce Yourself
    • Test Posting Messages Here
    • Roll Call
    • Technical Support For Forum
  • Extras
    • Hiring an Attorney Discussions on S. 3421
    • Social Security Disability Questions
    • VA Scandals
    • Discounts for Veterans
    • Federal Register Announcements
    • Active Duty MEB/PEB Physical OR Medical Evaluation Forum
  • Social Chat
  • Veterans Social Chat's Social
  • Veterans Social Chat's Topics
  • Hollie Greene's Multiple Sclerosis

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


AIM


MSN


Website URL


ICQ


Yahoo


Jabber


Skype


GooglePlus


Military Rank


Location


Interests


Service Connected Disability


Branch of Service


Residence


Hobby

Found 120 results

  1. Curious what to do with this piece of information. I was going through my c&p's and the one I had in Aug 2018 that bumped me to 100% has this line in it. "He reports breathing difficulties, diagnosed - Obstructive Sleep Apnea. " I was using my CPAP when my original C&P in 2013 was done. My record has all sorts of references to it, including the VA issuing me on and way. I have the Sleep Study results in my hands. So what paths are open to me? in the 2013 standards being issued a CPAP w/ an SC (PTSD) related condition should have given me a 50% rating. Today's standards say I need the medical opinion to state' "he will die without it" or other such magic word nonsense. what is my most likely path to getting it rated and possibly retro pay?
  2. I have had an appeal in for over four years now. In January I was put on financial hardship to expedite my file. I was sent an SOC April 10th detailing why they couldn't fully grant my appeal. I did get two things increased but three other things denied. Also in the SOC they said that they newly granted me service connection for fibromyalgia, mental disorder and sciatica. But they had no rating in the SOC just a note saying "an award letter would come under a separate cover". The 1-800 number says that there has been a rating assigned to the new service connected conditions but they can't tell me what they are because they haven't been finalized yet. They are being reviewed and authorized. So my question is how long will that take to finish usually? And why did they do them separately?
  3. Hi all, This will be the first NOD I have to file, and I fall into the odd gap between Legacy, RAMP, and AMA processes. As I understand it Since the claim I am NODding was started Aug 2018, with a partial decision dated Oct 2108 and the deferred claim decision dated April 2019, I am supposed to still use the VAB Form 21-0958-ARE, which is the fillable form. The first question I have is about the actual form itself and I have filled out a sample to make sure this is acceptable to the VA. I am trying to make sure that I clearly indicate that attached records support my claim and that I give the reviewer an explicit road map as this is a complex claim. Please look at the attached sample and tell me if this is okay. --------------------------------------------- The second question is a bit more complicated and involves 3 distinct award/decision letters with different dates. The question is, which decisions do I NOD? Letter 2 and Letter 3 are both 2018. Letter 3 gives me the award but not the dates on Hearing Loss, on Vertigo it gives me an award but the wrong effective date and should be rated as Meniures instead of Vertigo based on all the evidence. Both should be back dated to 2013. here are the details. I have 2 of them in my possession and am waiting for the BBE for the 3rd one issued in April 2019. Letter 1 -Oct 2013 Letter 2 - Oct 2018 Letter 3- April 2019 In each of these letters the same issue is addressed, SC for hearing loss Letter 1 denied SC because C&P Doctor only looked at 1 enlistment to gather hearing loss and in-service Treatment for hearing loss w/ OSHA evaluation. Award states I have rateable hearing loss, but SC cannot be established. Had I known better I would have NODded or CUE'd this back then. Letter 2 denied reopening Hearing Loss denial from Letter 1 claiming evidence provided (proof the doc overlooked evidence in my record) and subsequent hearing tests. Acknowledges Hearing Loss rateable, denies SC claiming the evidence is not N&M despite showing that doctor did not look at all the evidence in my service record. I am sure I can also CUE this and would jump on that except for Letter 3 below. Letter 3 oddly grants SC from 2018 Hearing Loss C&P but gives effective date of 2018 instead of 2013 Important factors here: The 2018 rating percent would be 0% because I can still hear a little in that ear. Having the EED back to 2013 (Letter 1) is significant as that decision failed to Notify me of a possible claim for Documented Vertigo, failed to Assist me in developing that claim, failed to infer from the evidence, failed to acknowledge inferred request by me. The VAMC now claims they lost the evidence yet my medical records are replete with requests for help with Vertigo, ENT exams, OTO exams, Fragments saying I had OTO exam, MRI, and VNG tests and that I have Nystagmus. The sequence here is: Letter 1-ignored all evidence of Vertigo, failed to assist in developing claim, failed to infer, failed to notify, failed to even mention Vertigo Letter 2-Deferred my direct claim for Vertigo. Note: VA order C&P's and in fact I had 4 related to vertigo and hearing (which is a fustercluck unto itself). Letter 3- Have not received BBE but Ebenefits states I am now rated 30% for Vertigo and 0% for Hearing loss, both SC. In a fair world (I put that in for chuckles) the VA would have performed properly in 2013. They didn't. They would have corrected themselves in Letter 2. They didn't. I don't have Letter 3 yet but they in effect CUE'd themselves but gave wrong effective date on hearing which is integral to eventually getting Vertigo back dated to 2013. What they rated in the latest round actually fits Menuiers disease more than Vertigo. The 2018 OTO C&P doctor was incompetent and did not fill out a DBQ during the exam. He did not know why I was there. Did not deal with my gait issues or ask about them. Did not ask about frequency of events. He had his wife type up the form at home (those are his words) as he does not allow computers in his office. He and the rater ignored records in my med files concerning gate, MRI, VNG, etc being performed. He did not ask for MRI records or VNG records. There are a couple more issues like this but the above shows the complexity of my process. You can all see why I need to make sure I use the right forms and can create a roadmap for VA to follow. Any input would be appreciated. sample for hadit question.pdf
  4. When you file a NOD how long does it generally take on the average to hear back from a DRO?. I filed a NOD form last week with Waco, TX. Regional Office and also asked for a DRO Hearing right up front to get that part out of the way without further delays asking me what kind of DRO I wanted... Never done a NOD before so any input on average time frame of initial response is helpful. Just curious. Wayne.
  5. 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):
  6. Howdy all. I'm finalizing my NOD to submit. I should have it ready to submit early next month. I have been told that I need to submit in the Supplemental Lane because I have additional support document to rebut the C&P Nurse examiner's exam. But I also plan to submit supplemental claims for the pain, numbness, and tingling in my arms and legs due to my neck and lower back problems. They will be secondary to those two issues. But the arms and legs issues were both listed as problematic in my original claim and even identified in my NEXUS letter and the DBQs I submitted. I did not specifically claim those issues independently though. Would those also be part of the NOD since they did not acknowledge them or actual supplemental claims?
  7. I hope you can help me; not sure what I should do. I was rated Service Connected Disable for PTSD on August 21, 2012 @ 70%. I didn't expect this at all. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder). When I applied in 11/2011, I had been out of work for 3 yrs and was totally distraught,confused and disoriented. Needless to say, I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make. I'd like to know what your advice would be for this: I see where I do have serious social and economic problems and believe I am totally diasable & want to ask for 100% PTSD, Permanent and Total. I'm still on this job that wrecks my nerves, can't stop the obsessive thoughts and wants to hurt people because I don't work well with people at all. I took this week off because I couldn't pull up the gumption to go back in there after the week, mentally. What should I do; appeal my rating 1st and then apply for TDIU while working or do I go ahead and let the job go in order to apply for TDUI and then appeal the VA's decision? Thanks in advance.
  8. 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 evidence (who should I send to, can I submit through ebenefits online or do I have to mail?). If anyone has experience with submitting additional evidence instead of submitting a NOD, I would love to get your advice on exactly how to submit and how to track and follow up with the VA after submitting. Thank you!
  9. Hey all i recently put in a claim to reopen a prior decision on bilateral hearing loss and one with dizzines. VA tested but C&P doc only looked at first enlistment. said hearing loss is there but not service connected and did not give a percentage of what that hearing loss is. The hospital itself has ordered me to take a new hearing test but that is not until december 2018 VA deferred claim on dizziness and order new c&p and hearing test the hearing test is on the 13th of November 2018 and C&P is on the14th at QTC facilities. The question I have is should I bring my copies of military STR's concerning hearing test. Original claim was denied had this finding [X] Sensorineural hearing loss (in the frequency range of 500-4000 Hz)* ICD code: 389.11 and this write up 3. Etiology If present, is the Veteran's hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service? [ ] Yes [X] No [ ] Rationale (Provide rationale for either a yes or no answer): 1.RME dated XX/XX/XX (at induction) documents hearing within normal limits bilaterally. 2.RME dated XX/XX/XX (at separation) documents hearing within normal limits bilaterally. 3. Comparison of induction and separation exams indicate no significant change in hearing sensitivity and documentation of an OSHA-defined STS during military service CANNOT be established from this audiometric data. 4. The documentation of hearing within normal limits at induction, documentation of hearing within normal limits at separation, and the lack of documentation of an OSHA-defined STS during military service indicate that it is NOT at least as likely as not (50/50 probability) that veteran's current hearing loss is related to his military service Items 1 and 2 only refer to my first enlistment and what she called my "separation is actually marked as a re-enlistment physical. Item 3 there is an OSHA STS in the records she did not look at. The award letter used the same language denying my claim to (at least) service connection but probably 0%. The decision letter on reopening the claim should arrive by Monday the 12th and I plan on filing an appeal/nod on their denial of service connection based on them not looking at all the files and tests. AS it pertains to this newest C& P and hearing test, I want to make sure that this time they look at all the records to demonstrate that the hearing loss occurred in service particularly if they suspect Meniures (sp?) disease is causing my vertigo and dizziness. So will bringing my hearing test records and the first C&P to the tests at QTC help or hurt me? Thanks
  10. here is the latest question. I got my decision letter for my ED claim and a copy of the DBQ. The attached award letter says in the writing at the bottom that I can possibly file for a voiding dysfunction by opening a new initial claim. The actual DBQ for ED has several errors in how he documented my answers to the Voiding Dysfunction section of the ED DBQ which is VA Form 21-0960J-2 There is another DBQ VBA-21-0960J-4-ARE for bladder issues. since the doc recorded my answers incorrectly should I NOD that DBQ to keep the earlier Effective Date? Or should I just file new claim as the letter says and write a statement describing what info he recorded incorrectly? Thanks. redacted decision page 0ct 2018 award letter copy for Voiding claim.pdf
  11. Hello group - I had a sleep study in 2007 while on active duty and got diagnosed with "mild obstructive sleep apnea." There was no treatment provided/necessary. I retired from the Navy in 2017 after 25 years of active duty and submitted the sleep study in my claim. Unfortunately, I did not have documented proof of hypersomnolence. In May 2018 I had another sleep study with the result being "severe obstructive sleep apnea," and was prescribed a CPAP which I use currently. This particular evidence was not submitted in my claim package. I just received my VA decision letter on 10/4/18, the VA assigned a disability rating of 0% for the apnea (as expected), but listed it as "service connected." My question is this: I have the medical evidence now to prove I have severe apnea and I'm getting ready to submit a NOD. Do I have to also prove "service connectivity?" or has this been sufficiently established and cannot be taken away by the DRO? Also, do I have to provide evidence that I had hypersomnolence from 2007 to 2018 to prove it's all connected? This will be the tough part for me. It seems pretty straight forward, but I know nothing is ever a slam dunk in this arena so what am I potentially missing? Thanks! Joe
  12. Hello to all the amazing people who are helping more people than you know, Looking for help with a few questions so here is the short (longer than intended*)rundown...My ETS was Mar2016.. While still active in 2010 was on my Sr year finishing premed degree with 4.0 gpa had to stop going to college when my second kid was born and wife was very ill the following years missed alot of work but always made up for it (i had very supportive chain of command that made alot of my own med issues go unnoticed or possibly pitty..not sure but love them all miss them all) fast forward to 2016 after ets wife is better all the kids in school and with full post911 benefits left why not try to finish my degree, unfortunately over that time my health had greatly deteriorated and school was not so easy anymore, and it wasnt just school but all areas of life had become to much for me(ALL). Without going to far into a long story I was in two major car accidents in 2014-2015 went into a mental breakdown loosing touch with reality on the reg and it wasnt until this year the "Helpful Psych at VA" actually taking her time to talk with me that we found out it was more than just failing in all areas that was making me act like a different person. Turns out that a blow to my head caused alot more damage than I originally thought, and i hope one day my friends and family can see who i once was again. Towards the end of my enlistment I went to see my pcp a few times and to mental health only once very bad communication between me and anybody from that point in my life to today which I still have trouble seeking/getting help especially when i have to wait months for an appointment and speak maybe 2 min max with the dr who never remembers anything and thinks its the first time we have met almost everytime and being a walk in is even more pointless as they really are already overwhelmed with patients already....so frantically rambling to a dr or dav or vso about a number of issues just trying to get the point across with no useful outcome is how I always leave and I constantly not remembering what im talking about by the time I start talking is why I thought it might be good to get on here and write it down...sorry...so va claim background: June 2016: First claim filed (4months after ETS) August 2017: First claim closed rated at 80% 0% for groin > for foot injury> for facial scar> and knees 10% tinnitus 10% Blood Pressure 10% arthritis wrist 20% back issue 30% migraine 30% maxillary <Denial: Dental> No complaints for dental had unbelievable issues with teeth dont know what or why but by this time next year i wont have ANY left. I have had 2 molars pulled in last year less than a month after dental c&p Side note* no dental or med exam when I got out no exit exam at all..whatever the exit medical exam is called to show you are healthy and well ready for civilian transition the clinic scheduled the exam the day my orders ended so Dr said he couldnt legally see me as I was no longer in the military. Last conversation I had on base... <Denial/TREATMENT ONLY: active psychosis/ gw claimed depression, anxiety/stress" (reason: i did not have any evidence or complaints in service but symptoms developing within time limit of leaving service hence treatment only) even though i did go to MH clinic while in service>>>#didnt know the only service records that the VA doesnt get/have access to is mental health! (Found out after calling the MH clinic at my old base with hopes that maybe a past appointment might be in their computer system somewhere...turns out they did have a record of the appointment with the MH Dr notes from the visit! #only one appointment but still #in service treatment record thats good right? **side note after receiving the "Treatment only" decision by VA and visits and advice from the "Helpful Psych at VA" who told me I should have got service connection "at least deppression 2ndry to chronic pains associated with scd's" which i filed for within a yr of the original notification letter. <Denial: hemorrhoids> (had/have but owell) no treatment in service prep h worked fine <Denial: genitourinary condition> #i had a mucosal discharge documented breifly in smr> with Dr visits in service noting possible relation to <Denial: Digestive condition> problems with gallbladder heavily documented in smr which va said existed before service in confusion with an appendectomy prior to entering service. #visits in 2017 to urologist documented discharge havent been back. <sometime between all of the psych visits from 2017 to now i have a history of TBI of what level is still unclear to me> have met with tbi specialist> still have alot appt scheduled with neurologist and neurosurgeons> TBI not rated as of right now... June 2018: file for increase in knee rated 0% and groin 0%, and claim Depression secondary to chronic pains associated with service connected disabilities Beginning of August 2018: Discover missing Mental Health records were available I notified VA of new material evidence to make sure service connection established and to maintain the effective date of original claim (being made available to VA within 1 year of original rating notification). This was done via VA written statement form and uploaded to the supporting documents for the now open claim for depression secondary on ebennies I also called the 1800# to advise VA and statement was taken over phone. I was also told that this would reopen the original claim for deppression. Mid August 2018 receive notification letter now combined rating is 90% : effective date June 2018 Increase Knee granted: 10% Increase Groin granted: 10% Depression secondary basis to chronic pains associated with scd's granted: 50% August continued>> while the claim was still open I met with the VA TBI specialist provided and she provided me with TDIU form since i have not been able to work due to the severity of my mental health conditions along with the form for spousal support which i faxed to claims intake but the claim closed and 90% rating was assigned but along with the tdiu claim I have a new claim opened for increase for depression and migraines which were the two most severe scds which the tdiu form asks to list on the form. The DAV has not contacted me at all throughout the entire claims process that started back in 2016 so I am not sure what I should be doing if anything more to make sure that i get the earliest effective date. I have been unable to get anything done in my day to day life and typing this has taken an entire day for me. Im failing out of school which means I wont get my post911 housing anymore of which ive used almost all of now, my wife has been taking care of me and our kids and i know its beginning to be to much for her to handle, to put iceing on the cake shes 2 month pregnant which i couldnt be happier to have another child but i dont know what im going to do, if anyone does read this long thing any advice is greatly appreciated. Sorry if it doesnt make much sense. Thank you to all of you who are doing great things for for the vets on this website it has been a go to place for me for the past 3 years Much love to my brothers and sisters i miss yall more than you know -c
  13. Hi all, As i said in another post I am new here and looking for guidance, opinion, options that may be available to me. Without all the gory and boring details, I am currently rated SC 70% PTSD, 10% Tinnitus with a statement that my bilateral hearing loss is not service connected. This all comes from the same original claim in 2012. I found out last year, 2017, that in making the bilateral determination the doctor only looked at my second enlistment and did not review any records from my first enlistment. I found this out when going through my records which took years for the VA to "Find". In the records are audiology test records from the first enlistment which show the damage occurred in service. In my first enlistment I had 3 audiograms. 1 to enlist, 1 diagnosing problem, 1 to re-enlist. in my second enlistment I had exactly 1 audiogram which was when I completed my enlistment. In the record from the first enlistment is a piece of paper that says "rehabilitation plan complete." but no other information. When I took the 2nd test they told me to wear earplugs when i could. That was it. In the test results between enlistment and the 2nd test it shows the loss in both ears. The final test on discharge says hearing is the same as at re-enlistment which was after the damage. So here is my question on this: What are my options to challenge this decision? I did not discover that they did not look at both enlistments until last year, which is 5 years after they granted me my initial 70 & 10 percent ratings. Is there an option? Do i start it all over again? would I need to get a lawyer? any suggestions would be great Thanks
  14. Sorry if this has been addressed before, but I was not able to find an answer anywhere else. After collecting dust for 480 days after filing an NOD with a DRO, my appeal has apparently entered a "Review" phase. According to the VA rep, the electronic system had a new note entered into my file a few weeks back stating that a DRO had begun to review the file. Can anyone offer insight into how long it could take from here to get to a DRO decision? I understand it depends on what else the DRO has going on and how complicated my appeal is, just wanted to see what others' experience has been. Appreciate any feedback.
  15. I filed my NOD four years ago, next month. Still waiting for a decision from the DRO. I am wondering how long other Veterans here, have been waiting for an answer on their RO Appeal.
  16. please help soon friends because,,, I NEED TO CALL MY VSO IN DC 2MRW BECAUSE HE JUST EMAILED ME SAYING THAT IF I WANT TO WIN A RECONSIDERATION CUE ABOUT A MISTAKE AT THE LEVEL OF THE AMC BVA LEVEL IM GONNA BE UP THE CREEK ONLY BECAUSE 5 OUT OF THE PAST 30 YEARS HAS BEEN GRANTED. SOME BACK DROP ON THIS IS,,, MY APPEAL WAS GRANTED BY THE AMC IN DC AND I FILED FOR AN INCREASE AT THE RO.... WELL RO CALLS ME AND SAYS ITS THE WRONG JURISDICTION AND THAT HE IS LOOKING IT OVER AND AGREES WITH ME ON WHAT THEY MISSED IN THE RANGE OF MOTION FOR FUNCTIONAL LOSS ... SO HE SAYS HES SENDING IT TO THE ORIGINAL JURISDICTION OF THE AMC IN DC AS A REQUEST FOR RECONSIDERATION AND AS WE ALL KNOW THAT IS ACTUALLY CALLED A CUE. SO IM STUCK ON WHAT TO DO NOW PLEASE HELP AS I NEED TO CALL THEM 2MRW WITH AN ANSWER. this is what DBQ states for abduction this is what the decision letter said and why this is cue?????
  17. Quick question, my appeal was approved at 100% with eed. After having letters updated, how long does retro pay take to hit? I have heard up to 6 months? And seen people saying as little as 2 weeks? Edit: this is a NOD, at my regional office. Edit 2: my NOD was for an increase, and it was granted to 100%. Which, like I said, is reflected in my letters on ebenefits correctly at 100%. The letters updated last Thursday. Not sure what to think. Thank you all for your help
  18. according to 38 C.F.R. §§ 4.40 and 4.45 i believe i should be increased from 10% to 20% please look at these codes then look at the DBQ from Dr i provided you will see the flare up measurements. Code 5252: If the hip is limited in how far forward (flexion) it can move the leg, then it is rated under this code. If it cannot move the leg more than 10°, it is rated 40%. If it cannot raise the leg more than 20°, it is rated 30%. No more than 30° is rated 20%, and no more than 45° is rated 10%. Code 5253: All other limitations of hip motion are rated under this code. If the hip cannot swing the leg out to the side (abduction) more than 10°, it is rated 20%. If it cannot move the leg inward across the other leg (adduction), it is rated 10%. If it cannot rotate the leg outward (toes point off to the sides) more than 15°, then it is rated 10% DBQ+PG7.pdf this is the page that shows flare ups decrease motion ... the other is page for decreased motion for repeted use over time. please note that the 3 repeated uses was stated no. but these others state yes.
  19. Hello and good afternoon;I was wondering if anyone else has received this letter regarding the new RAMP program? I spoke to my representative and we are going to Opt-In for my particular appeals situation. We opted for the "higher level" review. Anyone else gotten this letter and Opt-In? Process says 125 days average for a decision. My appeal was submitted back in December 2016 regarding EED's on my awards.We did not opt to have an informal conference either.The letter is worth reading! EDIT: I removed my letter for personal reasons. If you want to know more, message me
  20. I have to say I don’t really have a question YET, but I wanted to share my story as It makes for an interesting read. Feel free to comment… In 1987 I was medically discharged from the Army for Subluxing Bicep tendon Bilateral. I went to the VA and they agreed and issued 10% rating for each shoulder. In 1993 I had a C&P Exam and I was all better so they say and reduced it to 0% in each shoulder. Now keep in mind nothing was on the internet because it didn’t exist and I was young and uninformed so it never occurred to me to get my medical exams. I knew something was still wrong as I lived with shoulder problems since then. Lets fast forward to 2013 when my shoulders were beginning to get worse with the right shoulder leading the way I decided to see a VSO and he opened a claim for my right shoulder. I went to the c&P Exam and the PA found it was Subluxing bicep tendon, he also mentioned that he was looking at my records on his system and said my last exam was 1993, a few months later I received a decision that said they found right shoulder impingement syndrome and shoulder instability and rated each at 20% and left the original Subluxing Bicep Tendon at 0%. The VSO also filled out paperwork for me to get a copy of all my C&P Exams. As time passed I received some of the C&P Exams but not the one from 1993 so I requested it gain by the exact year and received a phone call from a lady saying she cannot find one from that year and she even looked in the boxes in the basement. Going forward about a year or so later my left shoulder began to worsen so I went to a different VSO and they filled out a claim for the left shoulder. After the C&P Exam I went back to the VSO and they printed me off a copy of the exam and opinion and while I was there I mentioned that the VA has misplaced an exam I had from 1993 and after a few clicks on their system they said here it is and they printed off a copy and also mentioned that I shouldn’t tell anyone as they are not supposed to do that. So after reviewing the new exam it said I had rotator cuff tears, shoulder instability, impingement syndrome and guarding all movement of both shoulders. I also reviewed the exam from 1993 and it said they didn’t find subluxing bicep tendon but they did find significant rotator cuff grinding and impingement syndrome of both shoulders right worse the left. I also read the opinion from the recent left shoulder exam and it said it was less likey connected because there is no known mechanism that would put what I have now with what I was discharged for. So like you have to do with all exams I began typing up by corrections to the exam and I also noted that the significant rotator cuff grating and impingement was first diagnosed in 1993 and it was the VA’s responsibility to request at that time whether it was service connected and since it wasn’t done then we have to say that there is a 50/50 chance that the Dr. would have said it was since we cant go back and ask him now and I sent it in. So a few months later I get a decision that says its not service connected and didn’t say way and it didn’t recited any laws or anything like that so I file a NOD while getting the NOD ready I did a search on the internet about Subluxing bicep tendon and rotator cuff tears and found a lot of information connecting the two so I printed off one and also got a Doctor of Physical Therapy to review my records including the 1993 exam and she wrote a very detailed opinion on the connection between the two with a conclusion of its more likely than not directly connected and I sent it all in with the nod requesting a DRO . Fast forward a year or so and I get a call from the VA to schedule another C&P Exam and I could see where this is going so I pick the same place knowing I would get the same examiner. After the exam I download a copy of it and wouldn’t you know I no longer have torn rotator cuff and I am not guarding all movement along with many other things that have disappeared from the last exam and to top it all off they asked the NP who’s certification and specialty is family practice to opine on a statement from a Dr. who’s specialty is the musculoskeletal system which of course she keeps saying throughout her opinion that I was first diagnosed with impingement syndrome in 2015 when it is actually 1993 so now I have to again write and state that they need to change that date to the correct one which is 1993. I can’t believe that people will go through so much effort to not acknowledge a date the changes everything. Its tooo funny and sad at the same time. What’s really funny is that somehow they found the connection in 2014 but can’t seem to find it now.
  21. Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA. I had no intention of applying for it until it was brought up. I went ahead and submitted and it got denied, did an NOD and still sitting in Appeal now. I have not had any additional deviated septum surgeries since filing (2015) and no more clinical indications another surgery is needed therefore MY QUESTION: (1) Does the fact I have had two surgeries mean anything as far as service connection goes or.... (2) is this just a lame duck I should cut loose since no more surgeries have occurred since 2009. Final question, if still sitting and waiting on multiple Appeals does dropping one of those Appeals speed the others along any faster or does it even matter? Can those on Appeal be processed individually at any point in time that RO decides to overturn same..... or do they wait until all of the Appeals made and filed together are fully decided one way or another? Just seeking some opinion on this from more seasoned folks in Forum.
  22. In July of '15, I appealed a denial of service connection for a R shoulder condition. I submitted actual copies of a shoulder injury from my Navy medical record, along with evidence of surgeries in 200 and 2015 done by non-VA doctors. At the same time, I filed for an increase in my cervical spine condition. Of course, nothing has happened yet, but it appears that the VA has lumped the two together as one "appeal." I submitted the paperwork under the direction of my NSO. I'm sure this question has been addressed here periodically, but I'd like a fresh opinion: As time goes by, I continue to be treated, tested, injected, etc. for both of these conditions; they are getting worse and worse and the NSO is encouraging me to go for and IU claim, but I still want to try to work. Also recently lost my wife to cancer so i'm the only income anymore. I've been told that submitting additional evidence causes your claim or appeal to go back to the beginning of the process. Is this true? Also, does the VA, when they do get around to looking at my appeal, automatically go through my record and look for information pertaining to my claim? I began using the VA system exclusively last fall, so the new information should be readily at hand. Do I have to go through and pick it out and submit it to them as supporting documentation, or will they find it on their own? If I need to submit, then it goes back to my question above; am I just moving my appeal father away from being considered? Aside from that, I recently got a favorable 10% for tinnitus. I was already at 90% and the new award doesn't push me to 100, but i guess it always helps to document it. Considering a subscription - these ads are a killer and make using the site a lot more confusing to me. Thanks for all the work you do, all of you! Jim
  23. This is a "research administration" question and how to include it in my NOD. I'm completing my NOD, I have physician reports, etc. I will also rely on articles published in medical journals. When I quote from the journal, I will always state the reference, (of course). But do I need to attach the entire paper in my attachments? Sounds silly? But my concern is that if I attach only the pertinent page, the evidence will be "disqualified" as being incomplete. The NOD will be about 3 pages, but with "complete" articles about 40 pages.
  24. Filed a claim for Esophageal Stricture (DC 7203) Secondary to SC GERD. Below is result of C&P Exam. Seems pretty straight forward. VSRO asks if Stricture is at least as likely as not due to GERD. Examiner responds in the affirmative. Decision letter mentions nothing about esophageal stricture and continues disability rating for GERD for 30%. Viewed many BVA decisions where 7203 can be rated separately and is not considered pyramiding. Filed for Stricture Secondary to GERD after recent EGD Exam diagnosed me with Schatzki ring and Eosinophilic Esophagitis. Both of which cause narrowing of the esophagus. MMEDICAL OPINION SUMMARY ----------------------- DBQ GI Esophageal (including GERD & hiatal hernia): TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection. The Veteran's esophageal condition is at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD, currently rated as hiatal hernia. RATIONALE: EGD Report dated 9/8/17 supports esophagitis which has been linked to chronic reflux of GERD/hiatal hernia. Veteran has no other documented condition to which it could be related. supplemental data: https://my.clevelandclinic.org/health/articles/hiatal-hernia RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: DBQ GI Esophageal (including GERD & hiatal hernia): TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection. Is the Veteran's esophageal condition, stricture at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD? POTENTIALLY RELEVANT INFORMATION: TAB A: Bedford VAMC Treatment Records, 02/06/2013 to present TAB B: EGD Report b. Indicate type of exam for which opinion has been requested: GI TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] a. The condition claimed is at least as likely as not (50% or greater probability) proximately due to or the result of the Veteran's service connected condition. c. Rationale: Recent EGD with biopsies supports esophagitis which is mediaclly accepted as having a link to hiatal hernia. TYPE OF MEDICAL OPINION PROVIDED: [ OPINION REGARDING CONFLICTING MEDICAL EVIDENCE ] I have reviewed the conflicting medical evidence and am providing the following opinion: The Veteran's esophageal condition is at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD, currently rated as hiatal hernia.
  25. I have submitted a NOD and I am soon to have a face to face with a DRO. Can anyone tell me what to expect? Is this a formal meeting; is there a dress code, etc?
×
×
  • Create New...

Important Information

{terms] and Guidelines