carlie Posted February 17, 2010 Share Posted February 17, 2010 http://www4.va.gov/vetapp09/files2/0915238.txt Citation Nr: 0915238 Decision Date: 04/23/09 Archive Date: 04/29/09 DOCKET NO. 07-13 249 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for nerve and muscle damage due to surgery, right groin (to include right pelvic/hip damage causing the right side to be shorter than the left). 2. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for root canal problems (to include gum disease with loss of teeth). 3. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for fibromyalgia (to include body wide sickness and nausea secondary to dental work and extreme fatigue). 4. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for depression. 5. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for insomnia. 6. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for neck problems (claimed as neck problems with bone spurring to include bad headaches). 7. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for back problems, claimed as scoliosis in the spine (to include lower back damage (injury)). 8. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for chronic ear problems (claimed as hole punctured and eardrum). 9. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for anemia. 10. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for vision problems (to include an eye condition). 11. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for hearing loss. 12. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for impairment, right knee. 13. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for right foot condition. 14. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a head condition. 15. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for carpal tunnel syndrome, right (also claimed as paralysis of medial nerve). 16. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for carpal tunnel syndrome, left (also claimed as paralysis of medial nerve). 17. Entitlement to service connection for left knee condition. 18. Entitlement to service connection for left foot condition. 19. Entitlement to service connection for hepatitis. 20. Entitlement to service connection for cystic fibrosis. 21. Entitlement to a compensable disability rating for inguinal hernia, right, postoperative. 22. Entitlement to a disability rating greater than 10 percent for scar, right inguinal hernia repair. Link to comment Share on other sites More sharing options...
vmo Posted February 19, 2010 Share Posted February 19, 2010 The "old" saying is: "when in doubt, file the claim anyway---the worse they (VA) can do is deny it." On the other hand: some medical record(s), statement, opinion, yada, yada, yada, that you do have some, I say some, of the condition(s) your claiming----just might perchance give you some, and I say some, chance of being approved. AAAAAnd if denied, give you some, and I say some, base or foundation to base your appeal on. Hopefully, "some"one within the VARO will pay attention to your claim and review all (hopefully, not "some") of the evidence. Yes, may be some one will help this vet obtain the needed evidence to support the claim. We all know that pertinent evidence submitted with a claim greatly increases the chances of approval-----that is if "some" one within the VA even looks at it. Link to comment Share on other sites More sharing options...
myround0 Posted February 19, 2010 Share Posted February 19, 2010 (edited) Ok, I read the case. While I agree, the Veteran in no way incurred that many ailments in three years of service. I still don't like the idea of bashing the veteran. I know THAT WAS NOT THE INTENT. Larry's intent (I would assume) was to say this type of action contributes to the long waits. However, I would have to disagree. I would ask this veteran to submit your records as evidence, and then ask the VA medical center to submit their records, and only award what is in her records. There is no way three years of service harmed her to this degree. Frivilous at best. But, even then this case should have been shelved until all the info came in, reviewed and determinations made. I can tell you I know my case has Nine claims, and I can tell you seven are in my records, the other two, one is because on my location, and the other has to do with the type of radiation I worked around. Well documented, and well put together, yet it was denied. So, its hard for me to overlook the amount of incompentence and greed in the VA. I would love to think everyone is doing their job, but three years later I can tell you I don't think so. All my records are at the center, nothing more to be submitted, since 2008, yet I was first denied, in hopes I would just go away, and now I have to endure the BVA's death defying life long wait. THIS IS WHY I DOUBT THE VA. I sat in my home for hours making a package highlighting the doctors, the base medical centers, and the results. So, Larry, you are right, It would be hard for me, but I will not blame all, I just happen to feel there are more bad people in the VA, and they are in key positions, than there are good. Until some good, decent, integral personnel get into those key positions, you will continue to have Veterans' getting shafted. Edited February 19, 2010 by myround0 Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted February 19, 2010 HadIt.com Elder Share Posted February 19, 2010 Every Veteran is in charge of their claim and I don't blame Veterans for filing after all the VA has set itself up as Judge and Jury so it is really for them to sort it out. The fact that so many Hadit Members flet that the claim was out of line means to me that the VSO System that is in place is not holding up its end. There has been more than a few Members on Hadit that have won claims that looked pretty puny from this end. The answer is not to blame Veterans for filing claims but the VA for taking so long.Just my two cents Link to comment Share on other sites More sharing options...
carlie Posted February 19, 2010 Author Share Posted February 19, 2010 Ok, I read the case. While I agree, the Veteran in no way incurred that many ailments in three years of service. Heck - a vet can have just a few days of active duty, suffer a TBI in basic training - and their whole life goes down the toilet. The amount of time served has nothing to do with the amount of disability. The whole point of this is this vet represented herself and had no idea what she was doing. She spent years just spinning her wheels, while her car stayed in place sitting on cinder blocks. jmho, carlie Link to comment Share on other sites More sharing options...
Loma Linda Bill Posted February 19, 2010 Share Posted February 19, 2010 Every Veteran is in charge of their claim and I don't blame Veterans for filing after all the VA has set itself up as Judge and Jury so it is really for them to sort it out. The fact that so many Hadit Members flet that the claim was out of line means to me that the VSO System that is in place is not holding up its end. There has been more than a few Members on Hadit that have won claims that looked pretty puny from this end. The answer is not to blame Veterans for filing claims but the VA for taking so long.Just my two cents pete, this is loma linda bill and I have a claim in for PTSD seeing a dr at the VAMC, on meds for it also seeing a sexual counslor once a week and still have not had a c&p exam should I ask for one I have the DAV representing me can you give me any feedback? Thanks, Bill Link to comment Share on other sites More sharing options...
carlie Posted February 19, 2010 Author Share Posted February 19, 2010 pete, this is loma linda bill and I have a claim in for PTSD seeing a dr at the VAMC, on meds for it also seeing a sexual counslor once a week and still have not had a c&p exam should I ask for one I have the DAV representing me can you give me any feedback? Thanks, Bill Loma Linda Bill, Please start a thread with your own topic. carlie Link to comment Share on other sites More sharing options...
Question
carlie
http://www4.va.gov/vetapp09/files2/0915238.txt
Citation Nr: 0915238
Decision Date: 04/23/09 Archive Date: 04/29/09
DOCKET NO. 07-13 249 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in No. Little
Rock, Arkansas
THE ISSUES
1. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
nerve and muscle damage due to surgery, right groin (to
include right pelvic/hip damage causing the right side to be
shorter than the left).
2. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for root
canal problems (to include gum disease with loss of teeth).
3. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
fibromyalgia (to include body wide sickness and nausea
secondary to dental work and extreme fatigue).
4. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
depression.
5. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
insomnia.
6. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for neck
problems (claimed as neck problems with bone spurring to
include bad headaches).
7. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for back
problems, claimed as scoliosis in the spine (to include lower
back damage (injury)).
8. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
chronic ear problems (claimed as hole punctured and eardrum).
9. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
anemia.
10. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
vision problems (to include an eye condition).
11. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
hearing loss.
12. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
impairment, right knee.
13. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
right foot condition.
14. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for a
head condition.
15. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
carpal tunnel syndrome, right (also claimed as paralysis of
medial nerve).
16. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
carpal tunnel syndrome, left (also claimed as paralysis of
medial nerve).
17. Entitlement to service connection for left knee
condition.
18. Entitlement to service connection for left foot
condition.
19. Entitlement to service connection for hepatitis.
20. Entitlement to service connection for cystic fibrosis.
21. Entitlement to a compensable disability rating for
inguinal hernia, right, postoperative.
22. Entitlement to a disability rating greater than 10
percent for scar, right inguinal hernia repair.
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