Well After 2 Years 2 Months A Ssoc Is On Its Way

[71M10]

Greetings all:

According to eBenefits Detroit VARO has a shinney new SSOC on its way to me. My AB8 letter hasn't changed and I pretty much already know they have turned down one condition based on a copy of the C&P.

Since my benefits letter hasn't changed, I am assuming they did not grant Kyphoscoliosis as a restrictive lung condition (should be 100% alone). The real question is what have they decided on sleep apnea, alone it will not change my overall percentage, but it would make my 90% effective about 2 years earlier!

When I have it, I will scan it in with my game plan, looks like I am headed to the BVA (after they take another 2 years to certify the appeal).

Best regards,

[carlie]

I'm going to keep hoping for the best until further notice.

[jbasser]

Here is how I did mine. Cervical spine came first. Lung condition secondary but rateable at 100 percent.

I know how you can win your claim.

What injury caused your Spine to bend so bad, Was it an Injury or Neuromuscular disorder? I can remember.

Have you ever thought about using Dr Bash to put this thing to bed for you?

J

[71M10]

It is a long term change to the spine caused by Injury to T8 (when I was 19) and 26 years of arthritis(diagnosed on xray when I was 22). The T8 injury was causing some really bad paravertable muscle spasms (over a 13 year period). I really need to see what they write in the SSOC. They describe the scoliosis and kyphosis in my thoracic spine in two VA ratings decisions (when describing my SC injury) and a third VA decision for cardiomegaly describes that my Left and Right Ventricles are enlarged. I am assuming that they are going to try to say I don't have a diagnosis of "kyphoscoliosis" because they are unable to read the definition of kyphoscoliosis in Dorlands medical dictionary and they also did not read the treatment notes from a treating VA physician (manual medicine-orthopedist) that I specifically directed them to in a statement in support of claim (that they didn't actually read).

I don't know that I really need Dr. Bash, I have a couple of physicians I have been in contact with. If I don't win outright there is enough for a remand. If we end up there I would consider brining in a heavy hitter like Dr. Bash.

It seems a whole lotta time would be saved if someone at the RO would actually read the file before making a decision.

[jbasser]

Your lung condition is caused by the Scoliosis, The right side heart damage with the ventricle enlarged means it has been going on for years. The right ventricle must doesn't blow up over night. Your pulmonary artery pressures must be pretty high.

Has the Doc stated to the VA that the lungs are put into a bind by the scoliosis and it has caused severe pulmonary HTN.?

[71M10]

Well as usual, the VA has me scratching my head on this one. I thought the fact they did a SSOC seemed odd, and it is.

The SSOC I received is for the cervical spine only, nothing about restrictive lung disease, apnea or urinary frequency. They did an original SOC for cervical spine in March of 2011(orig desc 9/2010) and I did not send in a form 9 because I received the 20% that I thought was fair. In October, 2011 they indicated this appeal was closed since no Form 9 was received. Why would they do a SSOC on a final decision???

The system also shows a Decision and Claims Dispatch event on 3/26/2013 associated with the NOD of my Dec 2010 decision (kyphoscoliosis, restrictive lung disease, sleep apnea, urinary frequency). I have not received anything. If they issued a decision that would have to be a full grant of benefits since no SOC is listed/associated with this appeal. PLEASE CORRECT ME IF I AM WRONG.

They also under the C&P claims section in eBenefits, have made an entry for March 26^th as a Decision for an Appeal.

My AB8 letter remains unchanged, but the retro involved if this is a full grant is north of 70K, so It may be in promulgation for a while.

Best regards,

Edited April 1, 2013 by 71M10

[deanbrt]

I would keep my eye on ebenefits letter generator. You usually see a change there before you get a letter. 70k would require 3 signatures...