Newby With Many Questions

[SamNezzer]

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

[Guest Berta]

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 January 31, 2006 by Berta

[SamNezzer]

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 January 31, 2006 by SamNezzer

[Guest Berta]

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?

[SamNezzer]

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 January 31, 2006 by SamNezzer

[Guest jstacy]

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.

[conrad]

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.