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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
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      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
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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.

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baca

Favorable C&p

Question

I had a C&P exam on March 17. In April I got a call from the VARO asking for more info on my wife and Son. They guy told me I was approved at 100% and my wife and Son would get chapter35 education benefits. I picked up my C&P this wk. the doc said it was as least as likely my current condition was service connected to my current disability. I wish they would hurry up so I could get on with my life. Why does this take so long? I waited 2.5yrs for SSDI. I want to move before my Son starts school. I noticed the C&P had to be approved by someone else. Funny thing is a doctor wrote the report and a RN nurse approved the report. Nothing against nurses but who has more education? Doesn't the VA not trust their own doctors? Anyway I just want to move on. I was disapproved the 1st time with no C&P exam. I guess the were hoping I would give up and they would save money.

Edited by baca

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guess i'm a little confused as to why regional would call you in april and indicate you were 100 percent and yet by the end of june, you hadn't received official notification. i know it can take awhile from when the rating board makes it decesion to the time you get the notification. maybe, it has been awhile since my last claim and that things are taking much longer.

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guess i'm a little confused as to why regional would call you in april and indicate you were 100 percent and yet by the end of june, you hadn't received official notification. i know it can take awhile from when the rating board makes it decesion to the time you get the notification. maybe, it has been awhile since my last claim and that things are taking much longer.

Money is in the bank. I can finally relax. I was afraid they changed their minds.

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Its also nice to know "no more exams"!

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Its also nice to know "no more exams"!

Thats right cooter. I'm getting old and it seems like a game the goverment plays. I don't think at my age I can go back to work. The meds I take can cause bad side effects. I hope my wife can go to school and get a good job before I'm gone. My son is 8yrs old and I worry about him.

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baca,

Did the decision mention no future exams, or Chapter 35 benefits, or P&T ?

If yes, be sure to look into any additional state benefits you and/or the family

might be eligible for.

Also, you wife/son might be eligible for educational benefits.

Also, check out the SVDI life insurance for you and the premiums

should be waived.

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    • 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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      • 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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