Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Results Of Initial Claim

Rate this question


Raybob

Question

I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

These include:

1. skull loss (due to removal during two surgeries ((but only one when I first filed my claim))... VA states no skull loss, but my surgery transcript clearly states skull removal as a part of the surgery.

2. irritable bowel syndrome (multiple visits to doctors from 2005 to 2009 together with Xrays, MRIs, prescriptions, etc)

3. sciatica (specifically indicated by military doctors on multiple occassions)

There are also other issues but I find them acceptable as not being sometthing to link to military duty (such as skin/displastic nevus issues, Vitamin D defficiency, etc) although they also did occur and got treated while I was on active duty.

I am OK with at least the IBS and Sciatica being non-compensable because the sysmptoms occur infrequently... but the skull loss is documented and that wont change...

But I would at least think that the VA might show them as SC at a zero percent in the event I have future issues with them... all history and symptoms occurrd while on active duty.

Should I be satisfied with the 90% and just leave well enough alone, or should I go back to appeal these particular findings? What do I focus on in my rebuttal when they already have everything in my SMRs?

Thanks for any advice.

Cheers,

Ray

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

The reconsideration request - if you consider that way to go here- does NOT stop the NOD clock.

If they don't act on it and the year NOD deadline draws near-then you need to file the NOD_ BUT put Attention to: on the envelope you send to the VA for your response and request and then put the initials that appear in the right hand corner of the decision-before you Put VA Regional Office etc on the envelope.And get proof of mailing this.

This way it gets to the rater who ignored those claimed disabilities.

TDIU 21-8940.pdf

Link to comment
Share on other sites

Bertha, thanks so much for your guidance = I owe the success I did have in my overall rating to you and THIS GROUP! I have answered each of your questions below:

Cheers,

Ray

NOT WORKING... I WILL BE STARTING SCHOOL IN SEPT USING MY 9-11 GI BILL BENEFITS

If not what did the VA state as to why they did not consider you for TDIU (Total Disability due to Individual Unemployability) THIS IS NOT MENTIONED IN THE LETTER, NOR DID THEY ASK. I DID APPLY FOR VOC REHAB CONSIDERATION WHILE STILL ON ACTIVE DUTY, BUT THEY SAID I WAS INELIGIBLE SINCE THEY CONSIDERED ME TO BE EMPLOYABLE WITHOUT ANY RETRAINING.

"skull loss (due to removal during two surgeries ((but only one when I first filed my claim))... VA states no skull loss, but my surgery transcript clearly states skull removal as a part of the surgery."

Geez-

was the surgery done in service? Does this have a direct inservice nexus? YES, IT WAS DONE IN SERVICE IN JULY 2009 AND THEN AGAIN IN MAY 2010 RIGHT BEFORE I RETIRED

If you retired in June 2010 this should certainly be something that stems from your service. ???? I AGREE!!

"2. irritable bowel syndrome (multiple visits to doctors from 2005 to 2009 together with Xrays, MRIs, prescriptions, etc)

3. sciatica (specifically indicated by military doctors on multiple occassions"

How the heck did they miss this stuff in your SMRs??? I DONT KNOW! USING THE ADVICE I RECEIVED FROM YOU AND OTHERS ON THIS FORUM, WHEN I TURNED IN MY 21-526, I ADDED A 14 PAGE SUPPLEMENT THAT CONSOLIDATED ALL OF MY MEDICAL APPOINTMENTS, DATES, MILITARY LOCATIONS, MEDICATIONS, ETC THAT WERE IN MY SMRs AND GROUPED THEM ALL TOGETHER BY THE DISABILITY BEING CLAIMED SO THEY WERE EASIER TO IDENTIFY.

If I were you I would ASAP ask them to reconsider their decision. Tell them of these 3 disabilities they ignored ,refer them to the SMRs and attach copies of the SMRs themselves.

If you are unemployed I would also refer them to -with the reconsideration request- a TDIU form. IS THIS POSSIBLE IF I AM MOT SEEKING EMPLOYMENT WHILE USING MY GI BILL BENEFITS?

Does the decision state why they didnt consider you for TDIU? NOT MENTIONED ANYWHERE AT ALL

What was the brain surgery for? IT WAS ACTUALLY SURGERY ON MY RIGHT EAR FOR A CHOLESTEATOMA... LAST YEAR THEY REMOVED IT BY DOING A MASTOIDECTOMY AND REMOVING SKULL AT THE BACK OF MY HEAD IN THE MASTOID AREA. THIS YEAR THEY WENT IN TO SEE IF ANY HAD GROWN BACK -- AND IT HAD STARTED GROWING BACK AGAIN -- THEY REMOVED A DIFFERENT PORTION OF MY SKULL TO GET TO THE NEW GROWTH. THE SURGEON NEVER RECORDED HOW BIG THE HOLES WERE THAT THEY DRILLED, BUT THEY DID DOCUMENT USING DIAMOND SAWS TO DRILL THE HOLES... AND THEY USED MUSCLE TISSUE TO COVER OVER THE HOLES (YOU CAN PHYSICALLY SEE THE INDENTATIONS BEHIND MY EAR WHERE THE HOLES ARE). I ALSO NEED TO HAVE ANOTHER EXPLORATORY SURGERY AGAIN NEXT YEAR TO MAKE SURE THE CHOLESTEATOMA HASN'T GROWN BACK AGAIN.

You are roight to get at least a "0" rating as SC for anything that could eventually get worse.

Link to comment
Share on other sites

The reconsideration request - if you consider that way to go here- does NOT stop the NOD clock.

If they don't act on it and the year NOD deadline draws near-then you need to file the NOD_ BUT put Attention to: on the envelope you send to the VA for your response and request and then put the initials that appear in the right hand corner of the decision-before you Put VA Regional Office etc on the envelope.And get proof of mailing this.

This way it gets to the rater who ignored those claimed disabilities.

So as I understand you, on my initial claim I can do a Reconsideration Request which is a bit "less than" a NOD which may work faster and more favorable...

Then follow up with a formal NOD if I either don't get favorable results from the re-look -OR- if I dont not hear anything back by about 2 months before my 1 year clock runs out??

That sound like the best way to go... I do kjow one of the VA Reps that came and did briefings at the Pentagon said that when we get our initial claim results back, just to write the words "I DISAGREE" and send the whole thing back without any additional detail. His rationale is that on an initial BDD claim, the Salem NC office does them all and it will go back to a different reviewer who will go thru the file. (My claim came from Salem NC even though Philly is my RO and all my exams were done here in PA).

I am nervous from two angles with this approach:

1. I always like to explain what it is I disagree with and

2. I am concerned a second full review may look at the whole claim and then try to lower other ratings that were already approved. Does anyone have any experiecnce with that?

Thanks & Cheers,

Ray

Link to comment
Share on other sites

"If you are unemployed I would also refer them to -with the reconsideration request- a TDIU form. IS THIS POSSIBLE IF I AM MOT SEEKING EMPLOYMENT WHILE USING MY GI BILL BENEFITS?"

That is a Good question and I hope others will answer-

THIS IS NOT MENTIONED IN THE LETTER, NOR DID THEY ASK. I DID APPLY FOR VOC REHAB CONSIDERATION WHILE STILL ON ACTIVE DUTY, BUT THEY SAID I WAS INELIGIBLE SINCE THEY CONSIDERED ME TO BE EMPLOYABLE WITHOUT ANY RETRAINING."

Maybe this is why VA never mentioned TDIU and maybe they would not even award it for this reason.

Have you applied for Unemployment compensation with your state offices due to your discharge from the Military?

Link to comment
Share on other sites

Have you applied for Unemployment compensation with your state offices due to your discharge from the Military?

I did not apply for unemployment upon retiring because I was told that since I receive retirement pay back to my date of retirement, I am ineligible for unemployment compensation. In addition, my retirement pay would most likely put me over any limit in the amount one can get in a month to be eligible for unemployment comp.

Cheers

Ray

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use