Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

I Cant Believe It

Rate this question


betrayed

Question

I got SC 0 % for herniated disc C-6/C-7 and C-7/T-1 and Tiny facet hypertrophy at the C4-5 level resulting in mild neurol foraminal narrowing,

reason: no pain in my neck.

I got denied for TMJ,

reason: pain in my jaw is caused from pain in my neck.

I just had a thought that I have kinda played not on purpose the VA against itself :) Let me xplain . I have filed 4 claims,

Initial claim Jan 05 I year time limit to BVA is coming up in May

2nd Claim August 05 adjudicated last month.

Claim 3 and 4 asbestosis and PTSD just submitted Feb 06 and Today.

So in the adjudication of the initial claims DRO review I got SC 0 % for herniated disc C-6/C-7 and C-7/T-1 and Tiny facet hypertrophy is seen at the C4-5 level resulting in mild neurol foraminal narrowing,

reason: no pain in my neck.

In the adjudiication of claim 2 I got denied for TMJ, reason: pain in my jaw is caused from pain in my neck.

My NOD explains it all. Sorry I posted this the way I did, you are now reading the edited version. ...................but I had to go deliver some pizzas for 4 hours, and was in a hurry. its about the only job I can handle with my neck. Not really what I consider to be substantially gainful occupation

§ 4.16 Marginal employment shall not be considered substantially gainful employment.

NOTICE OF DISAGREEMENT

March 4, 2006

Department of Veterans Affairs

VA regional Office

Patrick V. McNamara Federal Building

477 Michigan Ave

Detroit Mi 48226-2591

Reference: (a) 329/214/lss,

1. I disagree with the following:

a.) Total Disability rating of 60%. I currently have the following:

Major Depressive Disorder 30%

Nephrolithiasis 30%

Tinnitus with Vertigo 10%

PFPS Left Knee 10%

PFPS Right Knee 10%

Gerd 10%

I believe my combined rating should be 70%.

b.) 30% rating for Major Depressive Disorder.

c.) Service Connection for Hypertension denied. In your reasons for decision you state I failed to provide Dr. Berry’s treatment records. Doctor XXXXX’s treatment records were provided to you on November 28th, 2005 with my request for a DRO review and should be a part of my C file.

Note: This paragraph is not part of my NOD . They stated in the answer to the DRO review for claim # 1 I have filed 4 they had my doctors records. These records were given to the VA by the DAV Geez I wish I had waited to mail it cause I didnt make these points. I am beggining to wonder if points in corresponce even matter to them. Medical evidence is it, doesnt matter what the veteran think or feels?

They

As noted in the treatment records I was put on medication for hypertension March 11th, 2005, which is within one year of discharge.

d.) Service Connection for TMJ denied. In your reasons for decision you state in my SMR it is noted in 1994 temporomandibular joint was found to be normal. I provided the dentist during my C&P physical a consultation sheet from an Oral Surgeon who states I have late opening click L TMJ and a reciprocal click on closing. He diagnosed the condition as Myofacial Pain Syndrome, and has internal derangement of LTMJ. You also state “His jaw pain symptoms are at least as likely as not caused by a result of his neck pain.” You stated in your SOC issued on 2/13/2006 in the reasons and bases for increased evaluation for a bulging disk “ consideration is given to demonstratable characteristic pain on motion” and “ the evidence does not show any clinical evidence of limitation of motion or painful motion” and ‘the evidence shows only slight subjective symptoms consistent with a Noncompensable evaluation”. In essence this means you say I have no neck pain, but now you say I do have neck pain and don’t have TMJ.

e.) Service Connection for Prostatitis denied. I will provide additional medical evidence.

2. As stated in my letter of February 28th 2005 I request a personal hearing in regards to all conditions previously claimed with the exception of Chronic Pain, and Chronic Sinusitus.

Copy to: DAV

Edited by FLHRCI

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

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

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

Link to comment
Share on other sites

  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • LEArmy93P earned a badge
      Dedicated
    • LtDave earned a badge
      Week One Done
    • HillTopVet earned a badge
      First Post
    • kidva went up a rank
      Contributor
    • AFguy1999 went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use