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JHawks

Va Beat Me Down, Time To Limp Away And Move On

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Thanks you to everyone for their support and ideas. The time has come to stop the addiction to the forums. My review claim was denied when I know it should have been approved. Good Grief, it should have been a no brainer. I have been prescribed a brace to support a malunion of my tib-fib on a SC ankle. I had all the medical records to support the claim. They say my ankle is stable enough not to need a brace even though it was prescribed by both a pediotrist and Ortho Dr. I don't have it in me to file an appeal and let this drag on for years and years. They beat me down and I need to limp away before I go nuts. Thanks everyone.

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JHawks,

Please don't give up. Don't give the V.A. the pleasure of thinking THEY CAN beat you down! I sit at home everyday researching and coming to this forum for information and sometimes just trying to stay in contact with the human race. I have made this my job...reading, researching and learning about what is happening now with my claim and what I can use in the future. This is now my job because it's about me, no one else but me...it my time now. I have now found the time to care about me. I AM ENTITLED (just like you) to what I have claimed and if it takes another 5 years for successful results then it is my job to do just that! In parting stay strong and don't give up!

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I can't stand this - send me your papers and your story and I will help you fight! If that is not feasible, what can I do to help you !

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Another one willing to assist in your quest. Send me a PM or post the Reason and Basis for the decision. Did you file for it as a primary or secondary condition. Can not fight for you, but I will help you fight to the bloody end.

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JHawks, don't give up the fight my friend. Like the other folks said here, it's just what the VA wants you to do. Many are willing to help you here so don't turn away from it. Get that attorney if that's what it takes. Be a thorn in there side that festers. Be like a child in a candy store that is persistant about getting that piece of candy! Don't give up!!!

When I had my heart attack the insurance company wasn't going to pay for the life flight bill and I said neither was I. I said yes u are, yes u are, yes u are, and of course they said no,no,no! One phone call to my attorney and in two months the bill was paid... Persistance my man.........

Jeff

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They beat me down, too. Lost my home while waiting for VA benefits (It took em 7 years, even with a valid "nexis" statement)

I hung in there...almost took my own life, but got help and hung in there. I eventually won. Now I am appealing for the real effective date, 7 years ago. When I get it, I will be able to buy another house.

Listen to the Captain.. NEVER GIVE UP.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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