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mike/3/8/cav

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Ok knowledgable ones. I have some questions. I got my decision for disabilities last Sep/08,70%sc. )%sc right hand(which I broke in my early military years), 0%sc for headaches(which I have had for most of my military service and still do to this day). Then they gave me 0%period on left/right shoulder condition,left/right arm condition,neck pain,back pain. I submitted all my military records and civilian medical records and gave them the authority to get them themselves since I have been treated for these conditions or pain since my retirement. Here is my question. The only record of my having the 0% which they stated was not service connected is th Standard form 93 (REPORT OF MEDICAL HISTORY) which I filled out while I was still on active duty, it was for my retirement physical. On this form I checked off the following, Swollen or painful joints,Frequent or severe headaches,Cramps in your legs, Broken bones, Bone joint or other deformity, Recurrent back pain, and foot trouble. The doctor did a retirement physical and he wrote some notes in block 25 but it is all unreadable to me or probably anyone who does not read greek or latin. Anyway is this enough evidence to submit a NOD, and if so should I also include in the NOD that I believe that I should be entitled to TDIU P/T? I know this might sound like nit picking but it has been bothering me why they did'nt consider these problems as service connected. Thanks to anyone for advice.

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Are these conditions noted on your discharge physical that the doctor filled out and signed?

With the 70% what rationale did the VA state as to why they did not award you TDIU?

In that decision you can possibly combat how they stated their denial of TDIU and even attach the TDIU form to your NOD.

I am confused-what is the 70% for? and are these other disabilities in any way at all -secondary to the 70% disabilitiy(ies)?

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Thanks Berta,

I will try and explain. When I returned from GW in 91 we were in the process of de-activating our unit. Time was essential in completing this as the unit was in Germany and all soldiers would have to be reassigned to CONUS. Inever went on sick call to complain of my problems back then because I felt they were not that significant (just took tylenol and trucked on). Then I returned to USA Ft. Ord. Ca. At this point of my military career I decided to retire and proceeded to get all my thingsready for that day in Feb 93. The only time I mentioned most of these problems was during my retirement physical in oct 92, with the exception of my headaches that I had been having and still do since early 70's along with a few broken bones over those years. On a Standard Form 93 that was used for my physical I checked off on those things that were bothering me and that I felt needed to be looked at. I listed them on here someplace. I remember getting afew X-rays and an EKG and blood tests but my memory is not that good as to remember everything that was done.

So, that brings me up to the present. A few Vets that I Know continued to prod me into going to VA and file a claim on my conditions. After a few years of listeningto them I got tired of their crap and my wife and I got the forms somehow and filled them out. Last year I was sent a letter telling me that I had an appt for an exam at the VA in Anchorage on or about mar 2008, I went to it and it was a Neurological exam. I don't know if I passed. After I got home a few weeks later A form came in the mail for me to fill out for PTSD. My wife and I did that and sent it away. I got a letter in the mail telling me my appt for that exam, I went, don't know if I passed that or not.

Finally the outcome came in the mail in sep 2008. I was given 50%sc for PTSD but would have to be re-examed in the future to check for improvements. They did not prescribe anything that might improve this condition so I asked my civilian doc about this and he prescribed Prazosin and Ambien CR about 4 months ago along with some other meds I take for headaches and pain in my knees and back , neck and shoulder and arms and stuff. The letter also gave me 10% for each knee condition and 10% for left ankle condition(I broke it in the service and had surgery to fix it).

Total disability compensation is currently 70% sc. I have since been back to Va for another exam last week it was for my headaches. They had previously given me a 0%sc rating from my first exam last year. So I am waiting on the response of this last exam as to what percentage will be granted if any. Sorry this explanation is so long.I did not request this last exam for headaches it just came in the mail, so I went. Funny, the exam doc just asked how my headaches were. He did'nt take blood pressure temp or check my ears he did not even touch me except when we were done talking I said thans and shook his hand and was on my way back home. That is the gist of me and my VA experiences so far. I am not at all unhappy with what has happened so far, but feel that some of my problems such as shoulder , back and neck pain were ignored because they said there was no service histry for them. For me I see history as something in the past. Like the Standard Form 93 I filled out before my retirement physical in oct 1992. Thanks for your concern and help looking at all my nit picking stuff Berta. And everyone else who has commented it is alway appreciated............ie rentalguy too. B)

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Thanks Berta,

I will try and explain. When I returned from GW in 91 we were in the process of de-activating our unit. Time was essential in completing this as the unit was in Germany and all soldiers would have to be reassigned to CONUS. Inever went on sick call to complain of my problems back then because I felt they were not that significant (just took tylenol and trucked on). Then I returned to USA Ft. Ord. Ca. At this point of my military career I decided to retire and proceeded to get all my thingsready for that day in Feb 93. The only time I mentioned most of these problems was during my retirement physical in oct 92, with the exception of my headaches that I had been having and still do since early 70's along with a few broken bones over those years. On a Standard Form 93 that was used for my physical I checked off on those things that were bothering me and that I felt needed to be looked at. I listed them on here someplace. I remember getting afew X-rays and an EKG and blood tests but my memory is not that good as to remember everything that was done.

So, that brings me up to the present. A few Vets that I Know continued to prod me into going to VA and file a claim on my conditions. After a few years of listeningto them I got tired of their crap and my wife and I got the forms somehow and filled them out. Last year I was sent a letter telling me that I had an appt for an exam at the VA in Anchorage on or about mar 2008, I went to it and it was a Neurological exam. I don't know if I passed. After I got home a few weeks later A form came in the mail for me to fill out for PTSD. My wife and I did that and sent it away. I got a letter in the mail telling me my appt for that exam, I went, don't know if I passed that or not.

Finally the outcome came in the mail in sep 2008. I was given 50%sc for PTSD but would have to be re-examed in the future to check for improvements. They did not prescribe anything that might improve this condition so I asked my civilian doc about this and he prescribed Prazosin and Ambien CR about 4 months ago along with some other meds I take for headaches and pain in my knees and back , neck and shoulder and arms and stuff. The letter also gave me 10% for each knee condition and 10% for left ankle condition(I broke it in the service and had surgery to fix it).

Total disability compensation is currently 70% sc. I have since been back to Va for another exam last week it was for my headaches. They had previously given me a 0%sc rating from my first exam last year. So I am waiting on the response of this last exam as to what percentage will be granted if any. Sorry this explanation is so long.I did not request this last exam for headaches it just came in the mail, so I went. Funny, the exam doc just asked how my headaches were. He did'nt take blood pressure temp or check my ears he did not even touch me except when we were done talking I said thans and shook his hand and was on my way back home. That is the gist of me and my VA experiences so far. I am not at all unhappy with what has happened so far, but feel that some of my problems such as shoulder , back and neck pain were ignored because they said there was no service histry for them. For me I see history as something in the past. Like the Standard Form 93 I filled out before my retirement physical in oct 1992. Thanks for your concern and help looking at all my nit picking stuff Berta. And everyone else who has commented it is alway appreciated............ie rentalguy too. :unsure:

Also there was nothing in my decision that said anything about TDIU.

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Mike,

To answer one of your earlier questions - YES, notations on your exit physical DO count as SMR evidence especially with the doctor's notes.

What you need is to have someone dechipher for you the notes the doc put on your exit physical. I think it was Berta who had to enlarge some notes from her husband's medical records and get someone to help her understand what some of the shorthand meant.

For instance, sx means symptoms and dx means diagnosis. The VA is not going to go to great lengths to dechiper these notes but they could be critical to your claim. Perhaps a local medical transcriptionist could help you or you could scan the notes here and someone could give you a hand.

To clown's point, you are going to have to prove you had inservice issues (even if the only documentation is on your exit physical), continuing treatment, and a doctor who will write a nexus statement that your current treatment is a result of your inservice injuries. There is a lot of good information on the board about IMOs (independent medical opinions).

Also, in your NOD I would suggest requesting IU and sending in the IU form and IU employer form for it. That way there's no question of whether or not you have an inferred claim because you are outright asking for IU consideration and you preserve your EED.

Keep us posted on the progress of your claim,

TS Snave

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Thank you tssnave for your help. I think you gave me some great advice. I will take the forms to my doc and ask him to read the language to me. Never thought of that. You have been a great help, thanks again and I will let you know how it turns out.

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