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

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    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

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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Tired of fighting red tape

Question About C/p Scheduled On Claim That Is 9 Years Old

Question

Well I am at the end of the road I hope I have been fighting the good fight for a claim for my knees and left hip won it on getting it remanded back down from BVA to VARO. I am going to worry anyway but should I? I know that ROM is always the key to any C/P for Joints. I cannot walk well anymore due to my SC back and these old knees I filed a claim back in 2002 for SC for my Knees with SMR evidence of knee and hip injury during active duty but the VA fought me tooth and Nail to the end. Now is it normal that all my evidence is in they take another shot at me with a C/P exam at the last moment? My knees are arthritic and they swell in the winter more than summer but I use the capisum rub that really helps me during the winter. I hope to have this claim done so is a C/P the end of the road for a claim this old?

I called the 1-800 number and was told I needed a statement from my Doctor stating I was P&T for my SC back which is not a stretch as my Back after 3 surgerys is done according to my Civillian Nuero Surgeon but I guess I worry a lot like others. If any of you all have faced a C&P exam at the end of lenghty Claim advise me if it is normal. It is not like I cannot make anything up My knees are what they are I think they are worse they even hurt in the summer now walking for me with the braces is a chore. I walk for any distance with the crutches and they will lock up and swell. My knees pop and slide but I am too young for a total knee replacement at 46 my Civillian Surgeon tells me. I had one VA Orthapdic surgeon and 1 Civillian Surgeon both write in their reports based on my SMR that my knnes are as likely as not a result of traumatic Injuries while on active duty. Sorry it is so long but layed evrything out. I thought the claim was done but at the last minute they advised I had 3 C/P exams coming up. I appriciate any thoughts. Have a good day

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4 answers to this question

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It is pretty rare that VA will rate any claim without a current C&P. Go and take them and at least know you are getting much closer to a decision.

Good Luck

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"was told I needed a statement from my Doctor stating I was P&T for my SC back which is not a stretch"

Can this doctor prepare an IMO that would cover (in his/her expertise) what all of the C & Ps are for?

"If any of you all have faced a C&P exam at the end of lenghty Claim advise me if it is normal."

The VA did countless "C & P"s on my dead husband over the past 17 years.

They were all medically inaccurate.

For my last claim I got 3 IMos.

BVA remanded for another VA opinion from a cardio.

I already told all that here before.

Point is - a strong IMO and probative medical evidence can overcome anything negative a C & P doc can prepare if the evidence warrants the claim.

I won all my claims (one pending) by either strong rebuttal of VA med opinion with established clinical medical record

or ,in my most recent resolved claim, with strong IM0s based on the clinical record and medical fact.

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"was told I needed a statement from my Doctor stating I was P&T for my SC back which is not a stretch"

Thanks for replying I have already submited 2 letters based on his exams and my SMR that I am unable to seek or maintain employment but the VA needs another letter stating if it is P%T I am waiting on the letter to get to me so that I can carry it up to hom so he can see what they want again. I am lucky I have been seeing this surgeon for over 7 years and I hope this is enough once I get his opinion that my back will only get worse with the Arthritis which he told me and my wife that has set in. I also had a letter sent to tthe VA where Surgeon wrote that the arthritis was SC to my back injury and advanced 20 years my current age and that it is common with traumatic injuries to the back. He also list in each record his credentails and my history of surgeries progressing over time, I am still fighting the VA like most of us but I want to get this over with but haste Makes waste as one poster stated.

Any ideas of what else I need for him to give his reasoning on My current C/P exams are for my Knees and left hip I had injured them in service and from what you wrote I guess the VA would need to see the C/P exams again to properly rate the Knees. I am going to get another IMO from my other Otherpadic Surgeon who told me My back which was not SC at the time would have caused increased or an altered gait putting stress on my Knees causing aditional strain I will ask him to list my SMR as My nuerosurgeon did and get that in writing also to nail it down.

I did want to add a Thank you for your husbands service and I am sorry for your loss. I would be proud if I had a wife that would fight for me as you have and helped others as well. I am trying to get my claims through so that I can move away for health reasons before the winter comes. I suffer so bad when the cold returns I am not able to function very well in this weather but I welcome the heat as it warms my bones.

Can this doctor prepare an IMO that would cover (in his/her expertise) what all of the C & Ps are for?

"If any of you all have faced a C&P exam at the end of lenghty Claim advise me if it is normal."

The VA did countless "C & P"s on my dead husband over the past 17 years.

They were all medically inaccurate.

For my last claim I got 3 IMos.

BVA remanded for another VA opinion from a cardio.

I already told all that here before.

Point is - a strong IMO and probative medical evidence can overcome anything negative a C & P doc can prepare if the evidence warrants the claim.

I won all my claims (one pending) by either strong rebuttal of VA med opinion with established clinical medical record

or ,in my most recent resolved claim, with strong IM0s based on the clinical record and medical fact.

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Don't ever miss a C&P exam that has been scheduled.

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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