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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:

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      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.
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JT24usn

Scar Exam

Question

C&p examiner asked if my scar was painful/tender. I tell him that I can't wear a belt because it hurts and regular fitting clothes irritate the scar and make it painful. C&p examiner says it doesn't hurt in exam. I appealed the decision, but it is his word against mine. Any suggestions

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Was that the ONLY reason it was denied? If it was, you need to see a private Dr. Preferably a Dr that deals with scars, like a surgeon. See if he/she could out rational the reason over the C&P examiners statement. Other words, have him state something to the effect that your scar will never stop being painful due to the severed nerves caused by the scar, or something in that nature. A surgeon would know what to say. But make sure he writes his rational for the basis of his opinion. Was the examiner a Dr, nurse, LPN or what? That also makes a big difference.

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C&p examiner asked if my scar was painful/tender. I tell him that I can't wear a belt because it hurts and regular fitting clothes irritate the scar and make it painful. C&p examiner says it doesn't hurt in exam. I appealed the decision, but it is his word against mine. Any suggestions

What is your current 30 % service connection for ?

If possible, post the diagnostic code/s VA rated under.

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Was that the ONLY reason it was denied? If it was, you need to see a private Dr. Preferably a Dr that deals with scars, like a surgeon. See if he/she could out rational the reason over the C&P examiners statement. Other words, have him state something to the effect that your scar will never stop being painful due to the severed nerves caused by the scar, or something in that nature. A surgeon would know what to say. But make sure he writes his rational for the basis of his opinion. Was the examiner a Dr, nurse, LPN or what? That also makes a big difference.

He was a doctor. He asked me whether it was painful/tender while he was measuring the scar. I said yes and the info i intinally put on this thread. I wasn't denied, but given 0% instead of 10% for painful/tender.

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You gotta get an IMO as Cooter says I think. You must fight fire with fire. You need more evidence that your scar is painful.

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What is your current 30 % service connection for ?

If possible, post the diagnostic code/s VA rated under.

7328 Meckel's diverticulum with dumping syndrome 20%

7318 Gall Bladder removal 10%

7805 Scar 0%

6260 Tinnitus 10%

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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.
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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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    • 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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