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    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 ...
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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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      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.
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      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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VetsLady

More Proof ?

Question

Here we go, on the hamster wheel ride again.

Already established boots on ground in Vietnam, sc for AO related conditions since April '08 and today we rec'd a request to prove my husband was in Vietnam.

He is part of the Nehmer action, has hypertension that was denied several years ago (when we had a not so hot VSO who didn't file a Form 9 with hypertension on it,

at least they listed the meat of the claim)....so we're at square peg No. 1 on the hypertension again. His recent decision granting him P&T at 100% doesn't mention

hypertension however it was reopened with new evidence in August 2010. The P&T decision stated hypertension and increase of PN is deferred. VA is getting around

to working on the rest of his claim now. He went through an extensive QTC exam in early this year and they have all of those records. The last VCAA notice we sent

in, we told them to rate it now, we have no other information at this time.

If he gets a 0% rating on the hypertension that is fine and dandy. It's ratable though, but getting it sc is much more important at this point. His Mets are not too low but

his BP is high even on medication. Can he exercise ? Not without severe pain in his feet and legs from the PN. The PN is currently rated at 10% each lower extremity

but that was from 2008. Currently, he has to take 2 medications to keep the pain dulled.

What and Why could they possible need him to verify and prove he was in Vietnam when it's already been established and rated ? I politely referred them to his rating

decision from April 2008 stating so. THIS makes me wonder, Do the Raters really read the pertinent information in the file ? If they missed this, their own decision,

what else could they miss from a Veterans claim file ? At least we can hope the double checks and balances the VA supposedly does would have caught this but,

then I don't really know.

Most importantly, it does prove that Veterans and/or their spouses/helpers, etc. must be on top of the file and know what is going on.

I'd be interested in any thoughts anyone might have....?

Edited by VetsLady

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Yes only one! The VA doesn't solve our problems, they create them!!! I read that somewhere. ha

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Hypertension is not an Agent Orange issue.

If it was not found during service or within the first year after separation, It is almost impossible to get connected. The Proof of RVN service should not be an issue since they have conceeded it already. What you received is a letter from a VA employee who absolutely has no freaking idea of what they are doing.

Write an IRIS to the manager and explain that to them. Maybe the person who sent this letter needs additional training.

Hang in there and dont give up.

J

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Hypertension is not an Agent Orange issue.

If it was not found during service or within the first year after separation, It is almost impossible to get connected. The Proof of RVN service should not be an issue since they have conceeded it already. What you received is a letter from a VA employee who absolutely has no freaking idea of what they are doing.

Write an IRIS to the manager and explain that to them. Maybe the person who sent this letter needs additional training.

Hang in there and dont give up.

J

My thoughts exactly. They puled anemia out of there also as anemia can be a symptom/side affect of Luekemia. When he filed all those years ago, he was anemic but not from Luekemia, from chemo for another condition for which is he now 100% sc for. The former Rep had us list each and every ailment he had. When I think about it now, it was like throwing in a dozen poles to maybe catch 1 fish. Needless to say, we dropped them like hot potatoes when they didn't show up for his BVA hearing....a person was there, but they didn't have his info, his file updates, nada. Veterans staying as well informed as they can about their claim is the big lesson we learned the long and hard way.

On the IHD, they need another examination ........... he had an extensive workup earlier this year. Guess the VA wants to turn over every stone and leaf so they don't miss anything that might come back to bite them in their hind ends.

Thank you for the support. At least this time around I have a much better understanding of how the who's do their whatevers !

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