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Supporting Evidence For Claim-How Is This Format, So Far?


brokensoldier244th
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  • HadIt.com Elder

Its a work in progress, and there are some exams next week that arent on there yet, but here is how im approaching it. Too much?

THIS IS A CORRECTION OF SOME ISSUES ON THE CURRENTLY PENDING CLAIM.doc

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  • HadIt.com Elder

....and is this as good, or better than the new 21-526b form that is available? I already have the base claim submitted for increase on a 21-4138 in VONAPP (received and acknowledged), and this is the supporting documentation that they are requesting that ill be taking in to the RO.

Its a work in progress, and there are some exams next week that arent on there yet, but here is how im approaching it. Too much?

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  • HadIt.com Elder

Okay, slightly edited, and I changed the CFR I had listed. I'm done working on it for now, so any opinions/thought/suggestions are very welcome.

....and is this as good, or better than the new 21-526b form that is available? I already have the base claim submitted for increase on a 21-4138 in VONAPP (received and acknowledged), and this is the supporting documentation that they are requesting that ill be taking in to the RO.

THIS IS A CORRECTION OF SOME ISSUES ON THE CURRENTLY PENDING CLAIM.doc

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  • Content Curator/HadIt.com Elder

That's a pretty good start. Try to break down each claimed condition separately, unless they are interconnected. You don't want to confuse the RO staff any more than they already are.

Has your claim been open since 2003/2003? If it is for a new/secondary, they will go with the day they received it, unless you were out of the service within 12 months. If it is for an increase, dig through your records and find documented treatment 12 months prior to filing and you can get that date. I did that with my asthma claim and won the date I wanted.

Make sure Dr. Sellon's narrative meets the requirements of an IMO/nexus letter.

Make sure the clinic notes are highlighted so the RO analyst can find the facts quickly.

Include any beneficial evidence of your current state. A lot of what you reference is more than three years old.

Also, because they removed your third molars, watch out for TMJ pain. The Army yanked mine and my jaw is all jacked up.

I really hope you win your claim

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  • HadIt.com Elder

This is a 'it got worse' claim, plus a 'by the way, this other thing has always been here, but it got missed' claim, I guess. My left leg has always had problems, and when I got rated for 10% at the time I must not have read it very closely as it was only for my right leg. I was looking a few weeks ago at filing again for my back being worse and found that my left leg was not connected. I was rated for DDD in June of 02 (6 mo after discharge) and my Radiculopathy rating went back to Sept 02 because I filed for an increase in January of 03, still within my year after discharge-something about them changing the rating schedule in 2002, so that's how far they went back for that one.

So-they are kind of interconnected. I have IVDS and radiculopathy in one leg. I have it in the other leg, but wasn't rated, so im trying to tie them together that way. The weakness, fatigue, diminished reflex, and altered gait I figured were all one thing-not sure what to do with those.

IF they don't award my left leg back that far, that's fine, but im at least trying to establish service connection, though, im hoping to show that I had it then, and still have it now, and it should have been rated then. (make sense?)

Ill make sure I have a copy of a 'boilerplate' nexus.

Notes already highlighted in most places.

Exams at VAMC and my doctor next week for current issues. I'm also going to ask what 'foot drop' is and have my reflexes retested. I walk kind of like a duck with a waddle and my feet slap from heel to toe, and my legs feel weak, especially after sitting or standing too long. Im also going to ask about MH stuff, but im not claiming it since ive never asked about it before.

no TMJ so far, but thanks!

That's a pretty good start. Try to break down each claimed condition separately, unless they are interconnected. You don't want to confuse the RO staff any more than they already are.

Has your claim been open since 2003/2003? If it is for a new/secondary, they will go with the day they received it, unless you were out of the service within 12 months. If it is for an increase, dig through your records and find documented treatment 12 months prior to filing and you can get that date. I did that with my asthma claim and won the date I wanted.

Make sure Dr. Sellon's narrative meets the requirements of an IMO/nexus letter.

Make sure the clinic notes are highlighted so the RO analyst can find the facts quickly.

Include any beneficial evidence of your current state. A lot of what you reference is more than three years old.

Also, because they removed your third molars, watch out for TMJ pain. The Army yanked mine and my jaw is all jacked up.

I really hope you win your claim

Edited by brokensoldier244th
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  • HadIt.com Elder

How do I word weakness in my lower extremities and altered walking? What is 'incomplete paralysis' with regards to DDD and radiculopathy in the lower extremities? My wife says I shuffle like an old man crosses with a duck-i don't lift my feet much and when I do throw them forward from the knee and land hard on my heels.

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  • Content Curator/HadIt.com Elder

How do I word weakness in my lower extremities and altered walking? What is 'incomplete paralysis' with regards to DDD and radiculopathy in the lower extremities? My wife says I shuffle like an old man crosses with a duck-i don't lift my feet much and when I do throw them forward from the knee and land hard on my heels.

Regarding weakness in lower extremities, I told my C&P doc the straight up truth. There are days when I need help to get out of bed or the bath tub. I have problems in wal-mart because I might move 'wrong' when reaching for a product or moving it to my cart. It's embarrassing to have to call the store from my cell phone and ask someone to bring an electric cart to the dairy section. Make a list of your day to day activities that are impacted from it. I would then focus on the more frustrating issues.

Incomplete paralysis is when some of your muscles and reflexes fail in part of an extremity causing some real problems. Imagine not being able to move your toes or your reflexes not working, like when the doc hits your knee with a rubber mallet. DDD is definitely the cause of many gait problems. The nerves for your legs run straight through your spinal cord. If you have something impinging on your nerves, the result can be things like pain, reduced functionality, or worse.

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  • HadIt.com Elder

If you have chronic pain or depression due to these disabilites you should claim them. You need evidence that there is a nexus between the disabilites and the MH issues. You get this by having a shrink write a nexus letter. You need to look at your whole disability picture. If you have chronic pain and depression you should be seeing a VA shrink. Your job is to document every possible disability. Do you use the VA pain clinic? You are in this for the long haul.

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  • HadIt.com Elder

Not as of yet. I was rated in 2002-2003, then did Voc Rehab in 2004-2008 and threw myself into school and work. I didn't have time to be depressed, and I ignored 'me', taking OTC meds almost continuously because I didn't want to deal with VA, but I didnt' want my military back injury to show up on my records for my MD, so I wasn't getting any medication from her, either. (a misreading of my insurance policy's "injuries incurred during war or acts of war.....not covered" clause. My fault, but still)

I graduated from college in 2008 and now I just work, but for the last year I have been wading through a mortgage modification hell since Taylor Bean collapsed, and BOA tried to say I owed 9 months of of mortgage payments that just evaporated. Now that that is over, here I am, and I have a lot more time to focus on 'me'. I have VA and private doc appts for this week, and will bring up pain and depression, though I don't really konw how to approach the subject of depression. I'm figuring that " Hi, Doc....Im depressed. Hook me up!" Is probably not the way to go. I don't konw that im 'clinically' depressed, so I don't know if I should claim it yet or not. I haven't see a shrink about it, but that will come up on Wed when I see my PCP at VA.

If you have chronic pain or depression due to these disabilites you should claim them. You need evidence that there is a nexus between the disabilites and the MH issues. You get this by having a shrink write a nexus letter. You need to look at your whole disability picture. If you have chronic pain and depression you should be seeing a VA shrink. Your job is to document every possible disability. Do you use the VA pain clinic? You are in this for the long haul.

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  • HadIt.com Elder

Not as of yet. I was rated in 2002-2003, then did Voc Rehab in 2004-2008 and threw myself into school and work. I didn't have time to be depressed, and I ignored 'me', taking OTC meds almost continuously because I didn't want to deal with VA, but I didnt' want my military back injury to show up on my records for my MD, so I wasn't getting any medication from her, either. (a misreading of my insurance policy's "injuries incurred during war or acts of war.....not covered" clause. My fault, but still)

I graduated from college in 2008 and now I just work, but for the last year I have been wading through a mortgage modification hell since Taylor Bean collapsed, and BOA tried to say I owed 9 months of of mortgage payments that just evaporated. Now that that is over, here I am, and I have a lot more time to focus on 'me'. I have VA and private doc appts for this week, and will bring up pain and depression, though I don't really konw how to approach the subject of depression. I'm figuring that " Hi, Doc....Im depressed. Hook me up!" Is probably not the way to go. I don't konw that im 'clinically' depressed, so I don't know if I should claim it yet or not. I haven't see a shrink about it, but that will come up on Wed when I see my PCP at VA.

Well, actually,

"Hi Doc, I'm depressed." should do the trick.

REALLY.

Just tell your PCP that you are suffering from what you believe to be "depression" and you want to see someone for help. If the PCP asks you if your are contemplating anything out of the ordinary, then be truthful (I've had my life saved by the VA, and, no, I'm not "ashamed" of being sick!).

It took a hell of a lot Bigger Man for me to admit I was sick, than to be sick. Okay?

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  • HadIt.com Elder

Got it. NO Big Nuts, All Go, NO quit Harry Stamper.

10-4.

My wife would laugh. I talk to her about stuff and she said the other night, "So, you want me to go for you, since if YOU go, you'll just get your meds or whatever, and then just go back to work or come home?"

Well, actually,

"Hi Doc, I'm depressed." should do the trick.

REALLY.

Just tell your PCP that you are suffering from what you believe to be "depression" and you want to see someone for help. If the PCP asks you if your are contemplating anything out of the ordinary, then be truthful (I've had my life saved by the VA, and, no, I'm not "ashamed" of being sick!).

It took a hell of a lot Bigger Man for me to admit I was sick, than to be sick. Okay?

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