Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Lzjump

Help! Another Medical Opinon #5 And Counting!

Question

Gosh, I do not know how long this will go on! Since my last post in March, my claim for Cause of Veterans Death was returned to the AMC and once again it was sent out for another Medical Opinion this month which makes the 5th time they have requested a medical opinon. I have submitted 2 more IMO's from his treating doctors since my last post, both agree that his DM II was a contributing factor in the cause of death and also state that he had IHD. (all the proper VA lingo was included in the IMO's so there would be no speculation when it gets to the raters desk)

The hospital discharge summary on date of death indicates that he had an acute myocardial infarction with left branch bundle block. I have read the new regulations on IHD and the regulations state that it includes acute myocardial infarction. When I sent the last IMO in I pointed this out to the AMC. I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc.

These reports also indicate that he had End stage renal disease and was on dialysis secondary to the DM, he was on a restricted diet, restricted activities and taking both oral meds & insulin to control the diabetes ( I pointed this out also since he was only rated 20% for the DM but due to the increased problems he would have been rated higher if he had survived).

This claim is driving me crazy and wearing me down now! I wish they would decide one way or the other so I know where I stand it has been with the AMC since August 2008.

Share this post


Link to post
Share on other sites

Recommended Posts

This is absurd and reflects the way the VA treats our surviving spouses.

I had just paid for IMO # 4 when the BVA awarded my claim.I got part of the IMO fee back because the doc never4 did that IMO.

It only took 7 years! Seven years and no one from the VA had read my evidence- they continually ignored it at VARO Buffalo, AMC, some farm out RO -etc etc

Is the problem that they are not using your IMOs as evidence and ignoring them or are they just attempting to go against them with a quack opinion?

Did you get a proper VCAA letter when you first filed your claim?

Did that letter tell you to obtain an IMO?

I got an illegal VCAA letter, my former reps tried to convince me it was legal- this was one of the main reasons the VA would not acknowledge my evidence.

5 reps of that outfit have been replaced or demoted because I griped to the OGC.They wont be treating any widows like crap anymore.

Your best bet is to get to the BVA as they know how to read there.Unless this is a remanded claim-but when it gets back to BVA if it does. they will read all of the evidence.

Do you have a vet rep?

. "I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc."

I got VA speculation too and the BVA disregarded the opinion that had that stuff.

This is just outrageous!

Who is your COngressman/woman? Maybe they are on a H VAC committee and if so maybe they could help.

The VA wants widows to die waiting just like the way they treat veterans.

"This claim is driving me crazy and wearing me down now!"

Of course- and they know the toll this takes on widows.

You have done everything you needed to do here.

Have you contacted the Office of Survivors -VA at the VA web site?

This will not be an entity that can actually get involved in the claim but they are tracking problems they hear of from survivors and this data will be reported to the Secretary.

I went through the same problem as you are having with the doctor shopping.I think there is a CAVC case that ruled against this practice.Will try to find it.

And hang in there!!!!!!

I think I remained in good health these past 7 years my claim took just for SPITE!

Your evidence is solid.Keep your faith in that.

Share this post


Link to post
Share on other sites

Gee -I forgot I used Mariano V Principi----

http://www.hadit.com/forums/lofiversion/in...php/t23413.html

Share this post


Link to post
Share on other sites

Don't give up and if this was me I would tell the dumb bastards to go ahead and rate with the evidence thaT THEY HAVE AND QUICKLY OR YOU WILL ASK cOURT FOR A wRIT OF mANDAMUS AND ALSO ASK mEDIA FOR HELP.

Share this post


Link to post
Share on other sites
This is absurd and reflects the way the VA treats our surviving spouses.

I had just paid for IMO # 4 when the BVA awarded my claim.I got part of the IMO fee back because the doc never4 did that IMO.

It only took 7 years! Seven years and no one from the VA had read my evidence- they continually ignored it at VARO Buffalo, AMC, some farm out RO -etc etc

My husband started claim in 2003 for TDIU, denied 12 months later and he had allready passed. I again filed in early 2004 for cause of veterans death & TDIU. BVA granted the TDIU and remanded cause of veterans death.

Is the problem that they are not using your IMOs as evidence and ignoring them or are they just attempting to go against them with a quack opinion?

To be honest, I cannot answer that question.(I'm dealing with the AMC) I did go to the VAMC and obtained copies of all progress notes & medical opinons up to Feb 2010. Last I heard they were sending for medical opinion on his heart (this was done end of Feb & again earlier this month. I have since found out that the Dr. who was reviewing my claim and writing these medical opinions retired end of April so who knows what will happen now.

Did you get a proper VCAA letter when you first filed your claim?

Can you please tell me if the VCAA notice will state that it is a VCAA notice or is there a form number. I have so many papers and I have looked thru them. when my claim was denied at the RO in 2005 I did receive lot of paperwork explaining how to appeal etc.

I really feel stupid here but I have so many papers from 2003 on not sure which one is a vcaa letter.

Did that letter tell you to obtain an IMO?

Did not see that anywhere.

I got an illegal VCAA letter, my former reps tried to convince me it was legal- this was one of the main reasons the VA would not acknowledge my evidence

could you please explain to me what a illegal VCAA letter would be?

5 reps of that outfit have been replaced or demoted because I griped to the OGC.They wont be treating any widows like crap anymore.

Your best bet is to get to the BVA as they know how to read there.Unless this is a remanded claim-but when it gets back to BVA if it does. they will read all of the evidence.

This is a remanded claim from the BVA.

Do you have a vet rep?

Yes! but after being on Hadit. I have been sending in IMO's etc on my own. My vso is very helpful with submitting my evidence and making sure that it gets to the VSR but I would say I'm doing this solo.

. "I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc."

I got VA speculation too and the BVA disregarded the opinion that had that stuff.

I was at work one day and a VSO came in that worked at the AMC in DC. we started talking because his wife saw some papers on my desk from the BVA. She asked me if I was a veteran and we started talking, He gave me his number and we discussed my claim he was the one that told me to send a letter requesting "Benefit of the doubt" all though he is not my vso or even with my organization he has helped me. I told him he was an angel and someone had sent him to me!

This is just outrageous!

Who is your COngressman/woman? Maybe they are on a H VAC committee and if so maybe they could help.

Nope I checked that out allready. wish I could contact someone that is on the committee. I do live 22 miles out of DC so I was thinking about taking a trip down there but where would I start?

The VA wants widows to die waiting just like the way they treat veterans.

I agree 100%

"This claim is driving me crazy and wearing me down now!"

Of course- and they know the toll this takes on widows.

You have done everything you needed to do here.

I'm thinking I should leave it alone for now and see what happens the ball is in the VA's court now!

Have you contacted the Office of Survivors -VA at the VA web site?

No but I will go to that site and check it out.

This will not be an entity that can actually get involved in the claim but they are tracking problems they hear of from survivors and this data will be reported to the Secretary.

I went through the same problem as you are having with the doctor shopping.I think there is a CAVC case that ruled against this practice.Will try to find it.

And hang in there!!!!!!

thanks for your help! I'm always thinking i should do this or that but I'm glad that you think i have done everything I need to do, that helps alot.

I think I remained in good health these past 7 years my claim took just for SPITE!

Your evidence is solid.Keep your faith in that.

thanks again, I'm slowly sinking here, everytime my claim gets to the rater it gets deffered, its like it has a red flag on it.

Share this post


Link to post
Share on other sites

LZJump-

Your vet rep or VSO should have a copy in your POA file of the VCAA letter-

I regret I forgot this was a remand so I feel BVA already checked the VCAA letter-they do that right away- and found it was proper-----or stated something in the remand to make VA correct it- that doesn't seem to be the problem-after I remembered this was on remand-

I wonder if this is the hold up- and maybe your rep would agree-

if they are seeking a cardio opinion-I am thinking that the VA might be doing the right thing and considering if he died from AO IHD contributing and then as an AO vet- this would help the claim for DIC.

The AO IHD regs have not been formally published so they cannot award yet for IHD contributiong but in my opinion this is why they want a heart doc to review the file.

I know that doesn't help during this long wait but -if I was a VA rater and had your claim in front of me-

with proven Vietnam service-I would be anxious to consider and rate any AO IHD if that was a contributing cause of death.

He had DMII too I believe- and they could be considering heart disease as secondary to that.

They have to do what the remand told them to do but I think IHD became presumptive after the remand took place and that is what might be the hold up.

Hope others chime in here with some input as to why VA wants the cardio opinion.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By L2dee2
      I was diagnosed with Diabetes type 2 on 2 Mar 10,  my last day on active duty was 28 Feb 09. I was denied service connection when I filed since I was officially diagnosed 3 days outside the 1 year window.  I never appealed this claim.  I was rated 60% in 2010 and never looked back.
      I recently happened across this site and realized, I might be able to reopen the case and submit a nexus letter stating that the diabetes manifested within the one year of me leaving active duty if not before.  Lab test taken on 25 Feb 09 show a Glucose reading of 324.  For some reason HB A1C test wasn't take until 2 Mar 10.  My HB A1C was 12.5.  The 2 Mar 10 date puts me inside the 1 year window.  There is no way my diabetes appeared in 3 days after the 1 year window.
      I am also service connected with Hypothyrodism (Hashimotos) which caused weight gain and slows the metabolism.  I was diagnosed in 1998.  Some medical evidence also shows slow thyroid can cause Diabetes.  Due to weight gain from my underactive thyroid, I was clinically obese on active duty.    If I can't get Diabetes added by showing it is service connected, maybe I can add it as a secondary to my Hypothyrodisim.  What are your thoughts?
       
    • By clynch726
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
    • By pctinc2001
      I suffered a back injury while in the ARMY years ago. My back has continuously given me problems. I am SC for DDD and was wondering how can i go about service connecting Diabetes 2? Any information or case studies will be of great help. 
    • By VETOVET
      Please, welcome new VET2VET podcast episode:
      https://youtu.be/waV5t0HPtbM
      Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region.
      Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997.
      Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region.
      DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area.
      ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
      ▶ facebook.com/VETOVET2
      ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2
      ▶ twitter.com/VETOVET2
      ▶ youtube.com/c/VETOVET2
      ▶ plus.google.com/u/0/+VETOVET2
      ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET
      ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss
      ▶ soundcloud.com/vet2vet
      ▶ stitcher.com/s?fid=80842&refid=stpr
       
      ★ LIMITED LIABILITY CLAUSE ★
       
      THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
       
      IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
       
    • By VETOVET
      Please, welcome new VET2VET podcast episode:
      https://youtu.be/9paX1-FyCaI
       
      Today we’re talking about SERVICE CONNECTION.
      When we talk about service-connecting a medical condition, disease, injury or illness to military service, we are talking about proving the relationship between the two.
      1) Direct Service Connection
      2) Service Connection by Aggravation
      3) Presumptive Service Connection
      4) Secondary Service Connection
      5) Service Connection due to Injury Caused by Treatment in the VA Healthcare System
      6) Special Service Connection Rules for Post-Traumatic Stress Disorder
      ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
      ▶ facebook.com/VETOVET2
      ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2
      ▶ twitter.com/VETOVET2
      ▶ youtube.com/c/VETOVET2
      ▶ plus.google.com/u/0/+VETOVET2
      ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET
      ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss
      ▶ soundcloud.com/vet2vet
      ▶ stitcher.com/s?fid=80842&refid=stpr
       
      ★ LIMITED LIABILITY CLAUSE ★
       
      THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
       
      IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
       
  • Ads

  • Our picks

    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
        • Like
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
    • I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.

       

      VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

      C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf
      • 56 replies
    • 14 Questions about VA Disability Compensation Benefits Claims
      When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]
      • 0 replies
    • Disabled Veterans Property Tax Exemptions by State
      Alabama 
      A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines