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Newby With Many Questions


SamNezzer

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I posted this somewhere else and am not sure about all the jargon, or initials or really how to get around this site yet, and I can't sit at the computer too long, my back hurts and feet go numb (literally).

I don't want to post a ton of information if this is not where I need to be, so let me sum up:

I enlisted 12/6/1994 and was medically discharged 12/12/1995 with a 10% disability and given a lump sum of $2,112 for Bilateral Plantar Facitis. I Filed a claim upon leaving the military (as I was told) moved to California and assigned the American Legion reps to handle my stuff. On 4/16/1997 I was denied all other claims (I submitted 10 in all) except Anemia and given 0% for that and my original disability was dropped to 0% as well. I appealed and received a letter on 9/30/1997 to submit another form 21-526 which I had originally used in the first place on 11/24/1995 and 8/26/1996. I have no records or recolection after that and basically gave up because I didn't have new information and my marriage was going sour. I never heard back from the American Legion (they weren't very helpful to begin with). Nearly 10 years later, I am having some serious nerve damage in my neck which shows up in my arms as loss of sensation (one of my original claims that was denied). I've discovered that I have osteo arthritis in my neck and many of the 10 things I originally claimed are connected symptoms. I also claimed chronic UTI's and recently had to have a sling placed over my bladder for this issue in November of 2004. My grandfather, Conrad Holsomback, told me about this site and to reopen my claim. I know this isn't short, but my main questions are:

1-How can they reduce a % that was the cause to kick me out of the military and I was told is not reversable? I have to pay a higher co-pay if I am less that 10%.

2-Is there anyway to get my claim retroactive or do I really have to start all over?

3-How can they start paying from the date the claim is filed, yet when they dropped my % they made it retroactive to the day I was discharged?

4-In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"; "the VA exam noted this condition by history only"; "this condition was not noted on the VA exam"; reports three episodes during April, July and September 1995, but "there is no evidence of chronic condition" and finally with my current issues "the diagnosis showed a history of symptomatic paresthesias with prolonged use of the hands"

How is that any basis for an answer and how can I appeal this now, nearly 9 years later?

I really need help and am furious that I didn't stick this out before, but I was nearly 22 and had other issues to deal with. I still have issues, but this is now a persistent problem and I am so frustrated that they treat people like this when they are unknowing of how to "use" the system.

I didn't pursue it because I didn't have any new evidence and they didn't use the evidence they got or search for the problem that related to the symptom.

I claimed for a heart murmur they found while in; chronic UTI's that still persist enough to have had surgery 11/2004; chronic ear infections; chest pains (I think these are related to my current problem); allergies (these are a big time problem now); nerve damage in my Left wrist (major issue); a misscarriage; and rashes (still persistent). I mentioned above they were all denied but the original feet thing (although it was decreased) and Anemia. Now I think many are symptamatic to my neck and I have blood tests that say I have rhumatoid arthritis as well, but I am not sure where, as I have knee (previous condition from prior military) and wrist issues. I am currently in a lot of pain and loosing my mobility and dealing with other things.

I am mostly angry and how I was dooped with my original claim and want to see if they can really get away with that and just grant me what they grant me from this point forward or if the insufficient information they provided can be cause for a mis- something on their part and make my claims retroactive to 12/13/1995.

PLEASE HELP DIRECT ME

I am going to the VA clinic tomorrow to get re-registered and see if I can get in for my "non-service connnected" ailments.

THANK YOU

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SamNezzer welcome to Hadit. After reviewing your post I have a couple of questions.

What disability do you have Service connected is it PF.

After 9 years the only to recoup back pay from original date is to prove the VA made clear and unmistakeable error in reducting the percentage and denying the other issues. You have Cervical Arthritis and Radiocular symptoms. Did you have a neck injury in service and if you did is it documented in the service record.

This information is beneficial to advise you of the claim you can file for example you may not have had as severe of symptoms 10 years ago and now you have severe symptoms. Any claim can be re-opened as long as there is NEW and material evidence. This means that there must be efidence that has not been previously considered and is so significant it would change the outcome of the claim.

I would suggest you obtain a copy of your service medical records, Any records since separation from service from, Private Physicians. Also get a copy of the claims folder from the VA. Examine all of the information and proceed from there. You can file for an increase of the original claim. from 0 to current severity.

You can re-file a claim for the conditions you stated and the VA will re-open the Neck claim. You have a good chance of getting Service connected for it. After that claim has been decided than go after the CUE on the original claim.

Here are the ratings for the Muscles of the Feet:

5310 Group X. Function: Movements of forefoot and toes;

propulsion thrust in walking. Intrinsic muscles of the foot:

Plantar: (1) Flexor digitorum brevis; (2) abductor hallucis;

(3) abductor digiti minimi; (4) quadratus plantae; (5)

lumbricales; (6) flexor hallucis brevis; (7) adductor hallucis;

(8) flexor digiti minimi brevis; (9) dorsal and plantar

interossei. Other important plantar structures: Plantar

aponeurosis, long plantar and calcaneonavicular ligament,

tendons of posterior tibial, peroneus longus, and long flexors

of great and little toes.......................................

Severe...................................................... 30

Moderately Severe........................................... 20

Moderate.................................................... 10

Slight...................................................... 0

Dorsal: (1) Extensor hallucis brevis; (2) extensor digitorum

brevis. Other important dorsal structures: cruciate, crural,

deltoid, and other ligaments; tendons of long extensors of toes

and peronei muscles............................................

Severe...................................................... 20

Moderately Severe........................................... 10

Moderate.................................................... 10

Slight...................................................... 0

Note: Minimum rating for through-and-through wounds of the

foot_10.

5311 Group XI. Function: Propulsion, plantar flexion of foot

(1); stabilization of arch (2, 3); flexion of toes (4, 5);

Flexion of knee (6). Posterior and lateral crural muscles, and

muscles of the calf: (1) Triceps surae (gastrocnemius and

soleus); (2) tibialis posterior; (3) peroneus longus; (4)

peroneus brevis; (5) flexor hallucis longus; (6) flexor

digitorum longus; (7) popliteus; (8) plantaris.................

Severe...................................................... 30

Moderately Severe........................................... 20

Moderate.................................................... 10

Slight...................................................... 0

5312 Group XII. Function: Dorsiflexion (1); extension of toes

(2); stabilization of arch (3). Anterior muscles of the leg:

(1) Tibialis anterior; (2) extensor digitorum longus; (3)

extensor hallucis longus; (4) peroneus tertius.................

Severe...................................................... 30

Moderately Severe........................................... 20

Moderate.................................................... 10

Slight...................................................... 0

------------------------------------------------------------------------

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Thanks so much for replying. I really don't understand all the technical terms and will do the requesting of VA claim and medical records (I had all the records while I filed the claim, so just need the new ones), although I can barely read and understand the doctor's writing.

I was awarded 10% disability for bilateral plantar facitis, although I am not sure how they can minimize it to 0% if it was given 10% and I was medically discharged. I don't know much about the condition other than that I am to take anti inflamitories and buy supportive shoes and deal with it for life. I was under the impression that it was permanent, therefore, I don't get how it can change for the better.

As far as the errors, my assumption was that their statements that they didn't have any notes from the VA exam and that certain VA tests were not available for review and they would be requested for consideration, make me believe that the report wasn't finalized.

There was no neck injury, but I am now finding out that the nerves that were responsible for the problems in my arm and fingers are in my neck and have recent (2 weeks old) Xrays of Phase 2 Osteo Arthritis in my neck, which produces symptoms in my arm and hand that were recorded during my time in service. It also is possible that it can account for a lowered immunie system, as well as, the rashes, migraines and other such problems. These are all symptoms and not really conditions (I don't know the difference with their wording, if any).

The only thing retro I am really angry about is the feet and the lowered disability, as well as the fact that they might have figured this out 9 years ago and I could have prevented much of this as well as the laps of jobs I had to quit each time I got pregnant and had to recoup for years after before attempting to go back to work again.

I guess I am just frustrated that this is all coming up now and I wasn't given the attention then (but Life isn't fair is it) and that they can deduce that I am 0% instead of 10% and make that effective retro and we can't get retro. Again, that is just not fair, but that's government isn't it?!

As far as reopening my claim, I am assuming I need to do that ASAP and so I am also curious since the inital final report didn't respond to several issues because they weren't in the VA examiner's report, does that count as NEW evidence?

To recap, I need to:

get medical records

get VA Claim file

File to reopen my claim?

Now will I still list it under the same conditions as before, or claim my neck condition rather than my arm? I guess what I mean is, file a new claim, or reopen my previous claim?

I am kicking myself in the butt because I didn't stick to fightin in 1998, since the one year period has now expired and from what my grandfather has told me, if I win a claim it will be retroactive from this filing date and not 12/13/1995, so I will loose more than 10 years of compensation.

I am currently seeking treatment and diagnosis of my neck and arms and back and will be going to the VA for most treatment or my private doctors.

Will they reimburse my VA co-pays if I win the claim?

Also, is there anything I should be mentioning at the doctor's? Either VA or private?

Thanks again so much.

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Sam: Your best approach as I see it, is to get your current Service Connected (SC) disability re-evaluated for an increase in severity. This means that you will need a current diagnosis of your Foot problem as being More Likely As Not related to your SC disability and evidence showing the severity of the disability has increased to 10% or more.

For this you will need to get a copy of the C&P Guide that covers your foot. You can locate that by going to our old sight and looking through the listed exam guides at.( http://hadit.com/ )and under © find

(Compensation and Pension Exams Things to do at a Veterans Affairs C & P exam) You will also find a lot of information you may find helpfull in filing for an increase.

You can, at the same time of filing for an increase of your foot problem, reopen your claim for all the other disabilities you were denied previous. First you would want to show that you either incurred the ingury during service and was treated and/or diagnosed for them. Then you will need an Endependent Medical Opinion, that they were SC and/or were disabling in severity to at least 10% during the first year after discharge or presumptive time period for the disability.

To do just this part, you should at least have your service medical records and medical records since leaving service. Then see what you were treated for and/or diadnosied for and as above, get a current diagnosis and a nexus that shows it to be related to the SC disabiltiy.

Your going to have to do a lot of leg work or reading on your part and using what you learn hear and on our old sight, you stand a better chance at getting an increase and SC for your other disabilities.

Just remember once you file this time, do not let any time limits go by without new evidence or requesting an appeal. Keep hitting them with evidence and you should win out in the end.

If you need any specific question answered don't hesitate to ask and someone is sure to have the answer you need.

Jim S. B)

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  • HadIt.com Elder

To get good advice, you need to provide good information - here are some questions you should provide answers to.

Which branch of the service were you in?

What is the most likely Service Conected (SC) cause of your foot problems?

Was there anything on your induction physical about your feet?

Or about Osteoarthritis(OA)?

Did you experience any trauma or repetitive stress injury to your neck while in service?

If so, does it show in your Service Medical Records (SMRs)?

What does your discharge physical show, with regards to feet and neck?

With this information, you can get more specific answers. Those you have been given are fine, but not specific.

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Welcome aboard veteran-

you just got superb advise from some of our vets here-

I have one question- the reduction of the initial SC condition-

why did they reduce?

Did you miss a C & P exam or did they say it was not currently disabling at a 10 % rating?

"As far as the errors, my assumption was that their statements that they didn't have any notes from the VA exam and that certain VA tests were not available for review and they would be requested for consideration, make me believe that the report wasn't finalized"

This would show up in the Evidence they listed on the reduction and also in the Narrative-

Do you have all the paperwork you received from the when they proposed to reduce?

They were supposed to 'propose' the reduction- then allow you to submit anything you had to stave off the reduction-and show this condition was still at least at 10% and required some treatment-

I dont know about the other conditions- each one needs a nexus to your service or a link as a secondary condition to anything else they might service connect-

A CUE- clear and unmistakable error-is the only way- as others posted here-to get back any earlier date on the foot condition-

the CUE (which is a legal error on VA's part) might well be found within the way they attempted to reduce your comp.

Do you have the letters you received on this reduction?

How long was the actual 10% rating in affect?

This is from M21-1, the VA's controlling schematics that they use to provide 38 CFR criteria to adjudicate claims-

http://72.14.203.104/search?q=cache:eYG21_...k&cd=2&ie=UTF-8

Scroll down and see if they, in fact, took the proper steps to reduce your comp-

if they didn't that could become basis for a CUE claim-which we can help you state.

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Guest Namvet6567

You stated "In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"

The VA's failure to get those test results and issue a subsequent decision leaves that aspect of the claim open. This is due to the VA's error. The VA was required to get those results and issue another decision. Even if the decision may have remained the same, the VA needed to notify you of the decision and of your appeal rights. Most important, for you, is to get complete copies of your claims file and VA medical records.

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I was in the Navy's Nuclear Program. There is no evidence about my neck or the arthritis in my service record, just the numbness in my fingers, which has persisted for 10 years and I was in the ER last week because of back pain and the numbness and was told it is from a nerve being pinched in my T1 C7 vertebrae in my neck. An Xray shows the arthritus, but not how long I've had it or what caused it. The service record shows a symptom of my neck problems, which is the numbness, and I claimed for that in the beginning, but was denied and didn't realize until now that it is from my neck.

My actual letter states:

“We made a decision on your compensation claim.

What we decided

We agree that the conditions listed below are service-connected. Each one is less than 10% disabling:

1. Plantar Fascitis and flat feet

2. Iron deficient anemia

The law says VA can’t pay for disabilities that are less than 10% disabling.

We did not find your claim for the following condition to be well grounded.

1. Heart murmur

2. Urinary tract infection

3. Ear infection

4. Chest pains

5. Allergies

6. Left wrist condition

7. Miscarriage

8. Rashes

How We Made Our Decision

We carefully considered all the evidence we received. We have attached a copy of the Rating Decision. It shows the evidence we used and the reasons for our decision.

If You Need Medical Care

You can receive free medical care for any service-connected disability. You can apply for treatment at the nearest VA medical center. Take a copy of this letter with you.

If You Think We’re Wrong

Blah, blah, blah…

If You Have Questions

Blah, blah, blah…

Sincerely yours,

In the Rating Decision attached to their letter under the Reasons and Bases it states:

“Service connection for plantar fasciitis and flat feet has been established as directly related to military service. This condition is evaluated as 0% disabling from 12/13/1995, the day following separation from service as a claim for benefits was received within a year of separation from service. A noncompensable evaluation is assigned in the absence of moderate symptoms associated with foot injury.

The service medical records shows complaints and treatment for foot pain since boot camp. Plantar fasciitis was diagnosed during service and there was no resolution of this condition with shoe inserts, non-steroidal anti-inflammatory medications, stretching and physical therapy. A Physical Evaluation Board convened to consider the veteran’s case and it was determined that she was unfit for duty due to the plantar fasciitis. The enlistment physical examination dated 8/31/1994 noted normal arch of the feet and no foot disabilities. Mild pes planus was diagnosed by the Medical Board report dated 9/5/1995 as evidence by an X-ray study which also noted no bony changes.

The VA exam described the veteran’s feet as having no tenderness over the Achilles tendons nor any tenderness over the plantar surface of the foot. There was no evidence of plantar warts or calluses. Plantar flexion and dorsiflexion of the feet were intact.”

For the Anemia an exerpt states:

"The VA exam noted this condition by history, showing that this condtion has been nonresponsive to oral iron supplements, and ordered a complete blood cell count and differential study. The results of those studies were NOT available for review and will be requested for consideration."

It then goes into the Heart Murmur:

"The VA exam observed a grade II of VI systolic ejection-type murmur without radiation over the base of the heart in the pulmonic area."

Then the UTI's; the ear infections (which were "primarily associated with allergies and upper respiratory infections"); chest pains located on the left side with some radiation to the back and shoulders ("This condition was not noted on the VA exam."); "no evidence of a chronic condition" with allergies; "history of symptomatic paresthesias with prolonged use of the hands" for my left wrist condition in which my 4th adn 5th digits go numb; the miscarriage; and rashes noted as possible scabetic rashes, but no active evidence.

That was the end of my denial letter and no further comments that I would get more finalized results regarding the conditions that weren't addressed in the VA exam or the test results they were waiting for.

So, from all the information I have gathered from you guys I need to get a copy of my claim file and medical records and reopen my claim.

However, I still have pain when I walk too much or don’t wear shoes with high arches and no X-ray was taken at my VA exam. I have not sought further treatment at the VA since then.

I was awarded $2,112 and a 10% rating on 10/27/1995 and sent Home Awaiting Orders, then discharged on 12/12/1995. My Denial letter from the DVA was dated 4/16/1997.

The evidence was my service medical records, two VA exams and two private doctor's records. There were no records on file from the Navy Hospital I was in, although I had copies of these records and they were only regarding my Miscarriage.

What forms do I use?

Are they available on this site?

I have a VA Form 21-526 dated October 1993, has it been updated and is this the form I need to submit? Do I need to rehire a Power of Attorney and who?

THANK YOU

Edited by SamNezzer (see edit history)
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I dont get this part:

"I was awarded $2,112 and a 10% rating on 10/27/1995 and sent Home Awaiting Orders, then discharged on 12/12/1995. " then

“Service connection for plantar fasciitis and flat feet has been established as directly related to military service. This condition is evaluated as 0% disabling from 12/13/1995, the day following separation from service as a claim for benefits was received within a year of separation from service. A noncompensable etc"

What rationale did the VA use to explain how a 10% could drop to "0" % in less than two months?

It seems they based that drop in percentage on this:

"The VA exam described the veteran’s feet as having no tenderness over the Achilles tendons nor any tenderness over the plantar surface of the foot. There was no evidence of plantar warts or calluses. Plantar etc"

When did this exam occur?

Yes you need SMRs and VA medical records-

You do not hire a vet rep or a service officer-they are well paid by whoever they work for-

but I suggest you contact a service rep and they will have a POA form for you to sign-

If you had a prior vet rep and are changing this, you need to rescind your former POA by sending them a letter- I would-if I were you- try to get a vet rep whose prganization has an office right in the VARO you deal with.

The 21-526 should never have to be resupplied to the VA-

they have it- what they meed for these claims is more medical evidence and proof of nexus (link) to service on them, except for the foot claim- that nexus is established already.

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That was my problem understanding it too. I don't understand how they could kick me out of the military because I couldn't walk on metal decks with steal shanks in my boots with this condition, so I was told I would be discharged and given a lump sum. I was then advised to file a claim when I was officially discharged, as I did and then I was punished for doing this by reducing my disability %. I appointed the American Legion back then and never recinded it or have heard from them after I just left this all alone in 1997; does the POA still apply? They didn't seem to be much help then and they were in the same building as the DAV.

Now, I was asked to supply the 21-526 initially and then two times later, including again after the official denial letter in 4/1997. That is when I finally gave up and quit!

So is there a form to fill out to request my 0% to be returned to 10% or increased further?

and do I need to fill out a form to supply more medical evidence for the other claims?

LASTLY, I am currently seeking medical treatment for my neck during this whole process, how can I submit a claim for it, if I am collecting new evidence weekly?

I am trying to get in at the VA to seek treatment, as I was told I have a torn rotator as well and need surgery, but presently need Physical Therapy immediately and chiropractic care.

I am currently exhausted all the time and presently having serious issues with this numbness in my extremities and muscle spasms to the point that I have been to the ER2 in the past 10 days and a chiropractor every other day and live on pain killers, muscle relaxers, sleeping pills, nerve medicine and naproxsin. I am just 30 and have now been told I am going to get worse and need to slow this process with therapy and pain management. Not fun to hear for a mother of two small children (9 and 2 years old). I had hoped to live out 70 more years of running on the beach and traveling the world, not living on pain pills and sleeping pills and not moving without pain.

Thank you again, and I can't ever thank you guys enough! I am and was so frustrated and thought I was just insane with this logic and didn't know what to do or how to appeal such an absurd decision based on "no information" or "not yet reviewed results".

Edited by SamNezzer (see edit history)
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  • HadIt.com Elder

Sam

It sounds somehow that when you were initially examined for the PF you may have not had the classic symptoms so they rated you 0%. There is a great website for those who suffer from foot problems like yours. It is www.heelspurs.com . Even with a 0% rating it is likely that your PF will get worse especially since you have flat feet. You need a podiatrist to examine you and write a report saying your condition has worsened.

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Did the VA consider the severance you received from the Navy as offsetting? This may be the case hence the 0 percent evaluation. I would immediatley file for an increase. I would also file for the other claims too.

You need to get a good complete physical examination with xrays of all your problems, If you have insurance it is best to get it done outside the VA.

By the way Sam what was your Navy rating?

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I was an EM3 paygrade E-4.

So, I should go to a private doctor and not the VA for diagnosis and treatment first?

I have insurance and it's a PPO, but it is semi-costly (although who's isn't).

I was thinking I should go to the VA for my service connected issues and have them Xray my feet and do blood work to start and then mention the neck and back. Is that a bad idea?

Because I was reduced to 0%, I have a co-pay at the VA for non-service connected disabilities of $50 instead of $15.

I was hoping to start using the VA clinic for my health care rather than our insurance because we have a $300 deductable and then pay between 10-20% after that is met, plus $35 for prescriptions, whereas the VA charges $8.

Do I need to wait until this is resolved?

What form do I use to file for an increase?

I am trying to find a Service Organization to represent me, but all the links from the DVA website and expired and their phone system is too busy to take calls right now.

Thanks again for all your input, I am researching as much as I can for as long as I can sit at the computer.

I'm in a lot of pain currently, so I really need to get some treatment going, but didn't want to pay so much for it. B)

Thanks again

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I too am wondering- could this be an offset to the lump sum?

But- I received a 1151 offset for many years-yet the VA sent me a statement totaling all the DIC they offset-

in essense I was still 'receiving' DIC on their books, which was then applied to the lump sum offset---

My point is- if this is an offset-the percentage should still be 10%-

And I used to get the COLA notice but a reminder that the DIC was still being offset- so I am thinking-maybe they should have offset this veteran's lump sum but they failed to-their error there-

I think you might try the POA (AL?) that you had in the past- the POA should still be current-

The VA however seemed to state in their decision that your symptoms did not match a ratable condition.

Only medical evidence (and I agree a good IMO might certainly be needed) would be able to assess that the 10% should have continued and could even be a higher rating now.

If you had medical evidence to support a continued 10%, when they lowered it-

I would not only re-open this claim- you just need to write them a letter saying you are re-opening it and why---(I suggest to meet with an AL vet rep first) and I also suggest to file a CUE claim on that old decision and send the CUE in with the re-opened claim.

From what I see in your posts-if you had no new medical evidence to support the 10% after service- then they didn't have any evidence either to

reduce it-

BUT- if this vet should get this back up to 10%-could they then try to recoup the lump sum?

Edited by Berta (see edit history)
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Again, thank you all for your continued responses and assistance. I know this is all second hand to most of you and my questions are very old news.

So now for more questions.

I don't understand all the abreviations, what is DIC, COLA and IMO. Also, John, you mentioned that "the VA will not volunteer Opinions", what do you mean? They will treat me and write all of this down in my chart, right? Will that have any leverage in my claim? Also, I did have a C/P exam, but I just went to the doctor and he looked at me, at my feet, touched my elbow and are, did a once over, then sent me for a hearing test and some blood work and I was done. The blood work wasn't back in time for the denial letter, as it states and the exam was a day or two before my denial letter was dated. I have a copy of the C/P exam and it talks about his visual once over and that I appear fine. I remember complaining about it all, especially the arm because my fingers were going numb and I had just had a baby in December of 1996, so it was worrying me that I would drop him. No X-Rays were taken. Alright, so how do I get a good C/P examiner? Is that just the luck of the draw? I was thinking the exact same thing, that I would make my appointment for the anemia blood work and my feet, to get an X-Ray, and my grandmother suggested going to the ER for my back. I was concerned that they would charge me $50 for each visit not relating to my SC issues because that is the co-pay for 0% (of course if I had my original 10%, it would be $15). Someone else suggested going to all private (as I've been) and submitting their reports as evidence. I am attempting to complete the online application today and I can make an appointment to get a Primary Care doc now while this goes through. The form requires a lot of last years tax information and we haven't started our taxes yet, so I will need to get to looking at them before I can submit our income and expenses. Thanks again for the support, this is all really upsetting and I am more upset that I started it way back then when I was clueless and really screwed myself because I would still have my 10% and as these new issues arose, I could be getting treatment for less. B)

Edited by SamNezzer (see edit history)
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Before you know it- you will be 'talking'like us too!

IMO- Independent Medical Opinion

DIC Death Indemnity Compensation

COLA Cost of Living Increase-

I think we have a whole list of these abbreviations somewhere at hadit-

sorry about that-

my kid, home on leave, sometime back heard me talking on the phone to a veteran with a claim and she said-when I hung up- that I had used about 20 different abbreviations-

As a new vet -when the VA denied her initial Chap 35 claim (education benefits)

she sure learned fast what many of them meant. They reversed immediately on the receipt of her NOD-Notice of Disagreement- boy did she curse about that denial-and she found out real quick that many of these people at the VAROs VA Regional Offices are practically illiterate.This erroneous denial was handled by the VA's 'educational department'. (that is almost an oxymoron)

Re: the anemia:

"The VA exam noted this condition by history, showing that this condtion has been nonresponsive to oral iron supplements, and ordered a complete blood cell count and differential study. The results of those studies were NOT available for review and will be requested for consideration."

Do you have a copy of those -the CDC differential profile?

Did they actually do this blood work?

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Thanks again!

About the blood work, I'm not sure. It's been nearly 10 years and I have no clue, but I found a box in the garage of my medical records and such from the time I was fighting them and I requested a copy of my claim yesterday, so depending on how long they take to respond, hopefully I can soon fill in the pieces. I also got through to the DAV today and got great information. I am going to the ER on Sunday (I like that doctor and his office is 35 miles from me, or I can see him on Sunday's at ER), anyway, the DAV told me to bring him my records pertaining to the other denied issues I am dealing with in my neck and head and have him write in my chart that those symptoms are directly connected to the issue I am having now. I am going to have to see another doctor at a real appointment after this, but I know this guy and would rather have him write it in, and then see a new guy, then trust that a new doctor is going to do what I ask. I am still debating about seeing the VA even about the 0% issues because the DVA said they won't make any statements in my favor, but I was thinking that if I could get them to take X-rays of my feet and do blood work, that they can't lie about those facts (am I naive or what)?!

Thanks again

I am not sure how to add information to my profile, or what some of those things mean (warn?), but my email is SamNezzer@adelphia.net

Edited by SamNezzer (see edit history)
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Again, thank you all for your continued responses and assistance. I know this is all second hand to most of you and my questions are very old news.

So now for more questions.

I don't understand all the abreviations, what is DIC, COLA and IMO. Also, John, you mentioned that "the VA will not volunteer Opinions", what do you mean? They will treat me and write all of this down in my chart, right? Will that have any leverage in my claim? Also, I did have a C/P exam, but I just went to the doctor and he looked at me, at my feet, touched my elbow and are, did a once over, then sent me for a hearing test and some blood work and I was done. The blood work wasn't back in time for the denial letter, as it states and the exam was a day or two before my denial letter was dated. I have a copy of the C/P exam and it talks about his visual once over and that I appear fine. I remember complaining about it all, especially the arm because my fingers were going numb and I had just had a baby in December of 1996, so it was worrying me that I would drop him. No X-Rays were taken. Alright, so how do I get a good C/P examiner? Is that just the luck of the draw? I was thinking the exact same thing, that I would make my appointment for the anemia blood work and my feet, to get an X-Ray, and my grandmother suggested going to the ER for my back. I was concerned that they would charge me $50 for each visit not relating to my SC issues because that is the co-pay for 0% (of course if I had my original 10%, it would be $15). Someone else suggested going to all private (as I've been) and submitting their reports as evidence. I am attempting to complete the online application today and I can make an appointment to get a Primary Care doc now while this goes through. The form requires a lot of last years tax information and we haven't started our taxes yet, so I will need to get to looking at them before I can submit our income and expenses. Thanks again for the support, this is all really upsetting and I am more upset that I started it way back then when I was clueless and really screwed myself because I would still have my 10% and as these new issues arose, I could be getting treatment for less. B)

The VA will record information but they usually offer opinions unless it is clear and is in the record.

I hope that clears the question. By the way. 0 percent sc is priority group8. With a 10 percent service connection, You will be in group 3 which pays no copays including urgent care, except for 8 dollar medicines. So it is your best interest to get the 10 percent restored.

Once you get that you can focus on the other issues.

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I don't come to the site very much any more but I do send vets to the site frequently.

This one is my Grandaughter and I appreciate the help you are giving her. Please continue to guide her through the maze of the claims process. She was "hoodwinked" when she was discharged and she has several disabilities that are noted in her medical records while in service but ignored when she filed her disability claim. I have told her that she has legitimate disabilities that she can claim and prove nexus to the medical conditions while still in service.

Thanks again for helping her.

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  • HadIt.com Elder

Sam

When and if you claim ever gets to a DRO or the BVA the documentation in your VA medical records can make or break a claim. Keep going to the VAMC and keep complaining about your medical problems. Document all the negative side effects from medications for all your service-connected conditions.

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jstacy: I thought we had a location that had all the abreviations, but I am at the present time, unable to find it for you, so I will give you a few to get you started.

VARO------------Veterans Affairs Regional Office or VA Regional Office

SC---------------Service Connection

BVA--------------Board of Veteran Appeals

COVA------------Court of Veteran Affairs

IMO--------------Independent Medical Evidence

USCAVC---------United State Court of Veteran Claims or Appeals

RO----------------Regional Office

SO----------------Service Officer

DOD--------------Department of Defense

A&A--------------Aid and Attendance

SMC--------------Special Monthly Compensation

AO----------------Agent Orange

C&P exam-------Compensation and Pension Exam

Of course their is a lot more, but I have a bit of a foggy brain at the moment, other could add to this or may know if and where we may have a more complete list.

Jim S. ;)

Edited by Jim S. (see edit history)
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