Anemia

[Reddit]

oK Here it is. I don't understand but I am trying to.

Okay, I was told they look at your treatment record and your diagnose at that time. let me just run this by everyone.

i file a disability claim for iron deficiency anemia. I have been on medication since basic training. diagnose in basic traing as CHRONIC anemia.

Ok I file my claim for compensation and this is what came back in 1999.

Service medical records show that the veteran was diagnosed with iron deficiency anemia in 1989. (which should have been 1988, when I enter the miltary). This condition is evaulated as 0 percent disabling from December 11, 1997. A noncompensable evaulation is assigned whenever hemoglobin is recorded as 10gm/100 ml or less with no symptomatology.

Service medical records show that the veteran was diagnosed with iron deficiency anemia in 1989. Blood tests in May 1992 revealed hemoglobin of 9.8gm and hematocrit of 30.1 percent. At the May 1998 VA examination, the veteran's hemoglobin was found to be 10gm and her hematocrit was 31.6 percent. The veteran reported no symptoms related to the condition and did not indicate that she was on medication. The examiner diagnosed anemia.

I WAS ON IRON MEDICATION AT THE TIME, and still is on iron medication as of today. but, i know the examier did not as me was i on any medication nor ask me anything about anemia. because he didn't get the blood test done until another time(day)

Now, what do I have here, or do I have nothing.

This C&P was done back in 1998, and everything they did on me has been a mess

[Reddit]

Bertha, thanks for the information.

I know exactly what you are talking about. The then is that my lab result was 10, and that was one of the requirement for anemia., but the rater said I did not say anything about any symptoms. He did not ask me anything about been weak, tired and my calf cramping because I would have told him.

The exam that I have today for anemia, is much more different from back in 1998. Now, I still have anemia, but sometimes it is 11.1 or 10.1. It is differnnet times when I have a blood test.

I know that if my medical record showed 9.8 several times and then 10. several other times while on active duty, then 5 months after active duty it is 10., then I should have gotten the 10 percent..,, but when you don't know the rules and reg. and going at this along this is what happens.

"If you intend to put in a claim for this the earlier you put in the date of claim for payments if approved is this date. Also are you working? If not did you ever put in for TDIU? Please fill in more concerning the last years since 98... "

If the VA,when they determined the anemia was SC but at a none compensable degree- but they used the wrong diagnosis code or made any other legal error in that decision and the rating should have been at least at 10%-by establshed medical evidence the VA had in their possession (such as records of prescribed Iron)then this could potentially be a basis for a CUE claim.

There is CUE info here in separate forum.

"So, now that we have some people at the local va office(working for the state)" if they are vet reps from yur state's division of Veterans Affairs,they are trained vet reps who can hold your POA and help with any potential CUE.That would be the only way to get a retro date back to the original claim.

CUE claims are hard to succeed on.

Anemia- I had to take iron for anemia for a few years but the anemia resolved long ago- VA will consider whether the condition was current all the years since service if you do file CUE claim.It seems you certainly have had proof of continuous anemia.

I think your chances, as Halos mentioned, would be better if you file instead for TDIU if you are not employed.

When they gave you 70% they made a statement in that decision as to why they denied TDIU consideration.

Much can happen after a TDIU denial that could warrant it in the future. The TDIU form 21-8940 is here and at the VA web site.TDIU is paid at the 100% rate of compensation.

This is unfortunate:

I" WAS ON IRON MEDICATION AT THE TIME, and still is on iron medication as of today. but, i know the examier did not as me was i on any medication nor ask me anything about anemia. because he didn't get the blood test done until another time(day)"

Do you have a copy of the blood test record that shows the time it was done- compared to the time and date of this C & P exam?

"At the time in 1998, when I first file my claim, they said they didn't have my medical records."

It is always possible that they erred in the older decision if they still didnt have ALL of your medical records.And if they didnt have ALL of your SMRs that too could have caused problems.

There is a topic here at hadit under a search about how missing service records that show up years later can also be a way to get a proper retro date if those records would have favorably impacted on a past claim.

Gee I found it quickly on my PC:

"(q) New and material evidence (§3.156) other than service department records —(1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter

Title 38: Pensions, Bonuses, and Veterans' Relief

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PART 3—ADJUDICATION

Section Contents

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

From 3.400 (q) 2006

AND

§ 3.156 New and material evidence.

top

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References:

Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]

(q) New and material evidence (§3.156) other than service department records —(1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter

Title 38: Pensions, Bonuses, and Veterans' Relief

Browse Previous | Browse Next

PART 3—ADJUDICATION

Section Contents

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

From 3.400 (q) 2006

AND

§ 3.156 New and material evidence.

top

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References:

Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]"

There is no time limit on a CUE claim and that can be considered after you have studied CUE info here,but the TDIU claim would probably bring a faster decision that a CUE claim would.

Do you get SSDI? If so what for? As -if solely for any SC-this is good evidence for TDIU award.

oh, I forgot, I do work

[Reddit]

Did you put in for a reconsideration for them not using all of your records/files? If so when? Do you use a VSO? You might be able to get answers quicker with a VSO who is in the VARO...Mine is across the hall and near the VARO manager. You had better put in your NOD for them wanting to decrease you.

Okay, i am using the vet office the ones that work for the state. They told me I need to wait until they make a decision on the claims that I have in for I put in for another claim.

I keep telling them that I need to put in for them to reconsider my first claim using my first claim and all medical treatment records, but I was told do you think they are going to do.

what is the different beween the VSO and VARO.

[Reddit]

Anemia is a presumptive condition for some veterans under 38 CFR 3.309. What condition did you file your original claim for service connection that resulted in V.A. granting a 0% rating for anemia? MedLine Plus has a great article on iron deficiency anemia which lists some of the causes of this problem. You are a female and one of the conditions can be heavy menstrual periods. The article provides a long list of other problems that can cause iron deficiency anemia. Did your service records show dysmenorrhea, an abnormal condition of heavy bleeding? I am asking because this can be one of the causes of iron deficiency anemia and because many women undergo hysterrectomies or other medical procedures to control heavy menstrual bleeding. Do you consume adequate iron in your diet? Iron is found in proteins (meat). Since you have chronic anemia, you may need to be checked out for conditions such as poor absorption of iron by the body, certain types of cancer of the esophagus, colon, stomach, esophogeal varices, peptic ulcer, poor absorption of iron due to celiac disease, Crohn's disease, loss of blood in the urine, etc. I suggest you become familar with the symptoms of each of these conditions and compare those conditions with symptoms you are not having. You need to find out the cause because you need to restore your health. Chronic anemia is a disabling, discouraging condition. One of the things you should also consider doing is looking at the rating schedule in Part 4 of 38 Code of Federal Regulations to make sure that V.A. has rated you correctly on each of your service connected conditions, to see if there are any other medical conditions shown in your service medical records that you should file a claim to service connect, and/or to see if you should file a claim for increase on any of your service-connected conditions. I think you should also request a copy of your service medical records from the National Personnel Records Center in St. Louis, Missouri.

okay, I recently found out how to connect my hysterectomy with my anemia. Because, I knew that the military doctors and private doctors had miss my diagnose for cysts.

What happen, is that a sonagram found the cysts on my ovaries and cervix. I new because of the size of them that they had to have been there while on active duty. So, I finally was able to connect the dots., after going through the medical records that I have., about a diagnose with a possible ovarin cyst. but no one did an sonogram and they just kept on growing, and the complaints I had didn't match what they was looking for.

Make a long story short, my hemoglobin had drop to 9 or 8 by surgery time and the 6 after surgery and I had to have a blood transfusion.

The problem is now that sometimes my blood is 10 and sometimes it is 11. but know one know where I am losing blood at.

[deltaj]

okay, I recently found out how to connect my hysterectomy with my anemia. Because, I knew that the military doctors and private doctors had miss my diagnose for cysts.

What happen, is that a sonagram found the cysts on my ovaries and cervix. I new because of the size of them that they had to have been there while on active duty. So, I finally was able to connect the dots., after going through the medical records that I have., about a diagnose with a possible ovarin cyst. but no one did an sonogram and they just kept on growing, and the complaints I had didn't match what they was looking for.

Make a long story short, my hemoglobin had drop to 9 or 8 by surgery time and the 6 after surgery and I had to have a blood transfusion.

The problem is now that sometimes my blood is 10 and sometimes it is 11. but know one know where I am losing blood at.

Have you been checked for blood in your urine? I am asking this because I was losing blood in my urine do to a radiolucent kidney stone that was not easily discovered by my doctors in medical tests run by them because it was not visible with IV contrast agent on radiological studies. Not all blood loss in urine is visible to the naked eye. With regard to your hysterectomy, V.A. also has a benefit for loss of creative organ. You may want to read V.A. General Counsel Precedent Opinion 93-90 which pertains to a female veteran who had sterilization prior to enlistment and required a surgical removal of an ovary while in service. I realize that this is not your situation but SMC (special monthly compensation) for loss of a creative organ may be applicable if you had to have a hysterectomy because of a condition incurred or aggravated by military service. I can tell you that this may be an uphill battle. I think you would have to file to service connect the cysts somehow and file to service connect loss of a creative organ as secondary to the cysts. You would probably also need an IMO opinion that was favorable as to this condition having existed while you were on active service. Do your doctors believe your cysts are causing your anemia?

Edited February 19, 2011 by deltaj

[deltaj]

Okay, i am using the vet office the ones that work for the state. They told me I need to wait until they make a decision on the claims that I have in for I put in for another claim.

I keep telling them that I need to put in for them to reconsider my first claim using my first claim and all medical treatment records, but I was told do you think they are going to do.

what is the different beween the VSO and VARO.

VSO is an acronym which stands for Veterans Service Officer. VARO is an acronym which stands for Department of Veterans Affairs Regional Office. VSO's are usually with service organizations like the Disabled American Veterans, Veterans of Foreign Wars, AmVets, Vietnam Veterans of America, etc. When you have a claim or are about to file one you can appoint a service officer with a service organization to help you file your claim and to help with your appeal. You sign a Power of Attorney form to appoint that service organization as your representative. I always advise veterans to get a service officer to help them with claims because V.A. law found in Title 38 United States Code and V.A. regulations found in Title 38 Code of Federal Regulations is so complicated and appeals should mention laws and regulations.

Edited February 22, 2011 by deltaj

[Reddit]

Have you been checked for blood in your urine? I am asking this because I was losing blood in my urine do to a radiolucent kidney stone that was not easily discovered by my doctors in medical tests run by them because it was not visible with IV contrast agent on radiological studies. Not all blood loss in urine is visible to the naked eye. With regard to your hysterectomy, V.A. also has a benefit for loss of creative organ. You may want to read V.A. General Counsel Precedent Opinion 93-90 which pertains to a female veteran who had sterilization prior to enlistment and required a surgical removal of an ovary while in service. I realize that this is not your situation but SMC (special monthly compensation) for loss of a creative organ may be applicable if you had to have a hysterectomy because of a condition incurred or aggravated by military service. I can tell you that this may be an uphill battle. I think you would have to file to service connect the cysts somehow and file to service connect loss of a creative organ as secondary to the cysts. You would probably also need an IMO opinion that was favorable as to this condition having existed while you were on active service. Do your doctors believe your cysts are causing your anemia?

okay just left the doctore on yesterday. He is the one that did the hysterectomy. well he gave me a letter stating that the total hysterectomy was due to marked anemia, heavy menstrual bleeding and fibroid cyst.

so, is this enough. my blood level drop while I was in surgery to 6