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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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      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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    • 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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Question

How's it going everyone?

I am currently on Active Duty in the Navy, and going through the long process of a MEB. I have a few questions based on a service connected disability in my left eye. In Sept. 2011, after arriving home from deployment, my son had accidently poked me in my eye with a plastic sandbox shovel, in turn cutting my cornea up. Long story short, the cornea didnt heal properly with bandage lenses. In Feburary 2012, the cornea had opened back up, and the Navy had sent me to a Civilian Opthomoligist in town. From there the doctor performed a PRK surgery, removing the cornea to help it grow back smoothly and normal. Imediatley after the surgery, I developed a rare staff infection in that eye. It took several weeks for the results of the infection concluding it was a staff infection. They fought the infection for about a month. (extremley painful) The staff infection had scarred through all 5 layers of my cornea, dead center in the eye. Prior to the surgery my vision was 20/20, and is currently at 20/200. Ive been on countless eye drops, to try and thin scarring, but it has reached its maximum potential. The doctors now say the only thing left is a cornea transplant. HERE IS THE TRICKY PART! My EAOS is Nov. 2012, it is currently the end of AUG. 2012. They started the MEB on me because I'm not able to perform my job duties, and with the surgery / recovery they would have to retain me in the navy up to 2 years past my EAOS. Now with the very common possibilities of complications / cornea rejection, it could very likely turn into a reoccurrent situation. I have been doing alot of research and I've found that the maximum for one eye (under different circumstances) is a 30% rating. With all that being said I know have a couple of questions:

1. How will the DOD rate this (compensation)?

2. How will the VA rate this (compensation)?

3. Since a surgical complication affected the loss of vision will my rating be looked at in a higher stand point then a general corneal scar?

Any feed back is deeply appreciated. This MEB proccess is a very stressful proccess, and receiving any insight will help greatly. Thank you all.

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4 answers to this question

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1. How will the DOD rate this (compensation)? The military services' Physical Evaluation Boards (PEB, the board that makes the disability decision) uses the same criteria as the VA http://www.benefits....PART4/S4_79.DOC . Off hand, I'd say that your Diagnostic Code (DC) might be 6001 or perhaps 6009, with the evaluation based on the analogous DC 6001-6066 (or 6009-6066). Based on what you wrote, I come up with 20%.

2. How will the VA rate this (compensation)? See #1.

3. Since a surgical complication affected the loss of vision will my rating be looked at in a higher stand point then a general corneal scar? No. You are rated on chronic residuals. It's not the journey, it's the destination.

How's it going everyone?

I am currently on Active Duty in the Navy, and going through the long process of a MEB. I have a few questions based on a service connected disability in my left eye. In Sept. 2011, after arriving home from deployment, my son had accidently poked me in my eye with a plastic sandbox shovel, in turn cutting my cornea up. Long story short, the cornea didnt heal properly with bandage lenses. In Feburary 2012, the cornea had opened back up, and the Navy had sent me to a Civilian Opthomoligist in town. From there the doctor performed a PRK surgery, removing the cornea to help it grow back smoothly and normal. Imediatley after the surgery, I developed a rare staff infection in that eye. It took several weeks for the results of the infection concluding it was a staff infection. They fought the infection for about a month. (extremley painful) The staff infection had scarred through all 5 layers of my cornea, dead center in the eye. Prior to the surgery my vision was 20/20, and is currently at 20/200. Ive been on countless eye drops, to try and thin scarring, but it has reached its maximum potential. The doctors now say the only thing left is a cornea transplant. HERE IS THE TRICKY PART! My EAOS is Nov. 2012, it is currently the end of AUG. 2012. They started the MEB on me because I'm not able to perform my job duties, and with the surgery / recovery they would have to retain me in the navy up to 2 years past my EAOS. Now with the very common possibilities of complications / cornea rejection, it could very likely turn into a reoccurrent situation. I have been doing alot of research and I've found that the maximum for one eye (under different circumstances) is a 30% rating. With all that being said I know have a couple of questions:

1. How will the DOD rate this (compensation)?

2. How will the VA rate this (compensation)?

3. Since a surgical complication affected the loss of vision will my rating be looked at in a higher stand point then a general corneal scar?

Any feed back is deeply appreciated. This MEB proccess is a very stressful proccess, and receiving any insight will help greatly. Thank you all.

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I really appreciate the reply jvretiredvet. This information you have given me is pretty helpful. I've read up on it a little bit previously. I do have a question though.

What exactly do they mean by "With incapacitating episodes having a total duration"?

Do they mean the total time you were put on SIQ?

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Sorry, I choose not to answers questions such as you posed.

I really appreciate the reply jvretiredvet. This information you have given me is pretty helpful. I've read up on it a little bit previously. I do have a question though.

What exactly do they mean by "With incapacitating episodes having a total duration"?

Do they mean the total time you were put on SIQ?

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What exactly do they mean by "With incapacitating episodes having a total duration"?

NOTE: For VA purposes, an incapacitating episode is a period of acute symptoms severe enough to require prescribed bed rest and treatment by a physician or other healthcare provider (For example, temporary bed rest required for a retinal condition.) http://www.vba.va.go...60N-2-ARE.pdf

I just have to add this - your question asked exactly what they mean by the definition of incapacitating episodes. That is tough because if you look at the case of Wisniewski v Shinseki (United States Court of Veterans Claims) you'll find that the Board has trouble defining what exactly it means and it will show the VA's definition of incapacitating episodes changes depending on diagnostic code. http://search.uscour...eefa1749/1/doc/

If the above link to the Wisniewski Case does not work you can find the case by doing the following:

Go here: http://www.uscourts.cavc.gov/

Then click on Case Information

Then click on Decision and Opinions

A prompt will come up reading: Search the ISYS System for Decisions and Opinions - Click on that and then type in Wisniewski in the search box provided.

What I would personally do is keep a diary/log of the times you were placed on bed rest by whatever physician as well as the times where your incapacitated but did not have a doctors order but your symptoms/pain/etc were so severe that it affected your work or daily living. If your unable to write because of your condition - a recorder always comes in handy and later you can have it transcribed. Documentation is sooooo important when dealing with the VA...rather then trying to recall things (times/dates) from memory. Just my opinion......

Edited by USMC5811

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