kevin4998 Posted June 13, 2013 Share Posted June 13, 2013 (edited) I have not recieved my brown envelope yet, should get it in a few days. Bennies states awarded 60% for new claims I had started in May of 2011. Zero to 60% not bad, but I know without even seeing reasons for % that it is a low ball. I filed everything pretty much by myself before even knowing about Hadit, if I would of known about Hadit I would of done a better job with the wealth of information here. During my two C&P exams last month I requested and denied DR notes before leaving, them stating that I would have to go too the Release of Information office to obtain records. Release of Information had no documents pertaining too the exams and stated that it must of been entered to RO office via a third party and that since that seem to be the case they would never see what was entered. Don't quit understand that, but I will see what I need to see soon enough... no big deal. I know I will need NODS, Nexuses and either a lawyer and/or IME soon. Will be asking about that later after I get and review the brown envelope. No money (retro) in the bank as of yet, Bennies award had a date of 6/11/2013. That will be a NOD as it stands anyways because even though I started this in May of 2011, they only retro'd back too Dec of 2012. I checked my calendar in MyHealthVet and nothing was diagnosed or claimed (impairments discussed with DR) during that month. So I am assuming they pulled that date out of their preverbial.. umm well you know. Overall I am still happy that I was awarded 60%, even though I know it was lowballed and retro was not what it should be. I had figured with as many mistakes I made it would be no more than 50% if not 40%. I am guessing to clear backlog, and not award the possiability of TDIU for most, most will awards will be of 60% or less. Breaking the fed bank as they clear the back log would not look good for them while trying to please the chain of command. I will update once I recieve the brown envelope. Thanks Hadit, as I would not know what I do now and not realize I got lowballed if it wasn't for Hadit Edited June 13, 2013 by kevin4998 Link to comment Share on other sites More sharing options...
rpowell01 Posted June 13, 2013 Share Posted June 13, 2013 (edited) Congrats brother... If you don't mind me asking what were your contentions? Just thinking ahead for you about the IMO/Nexus. "It's one small step for man, one giant leap for mankind" Edited June 13, 2013 by rpowell01 Link to comment Share on other sites More sharing options...
kevin4998 Posted June 13, 2013 Author Share Posted June 13, 2013 Of course it all depends on the envelope has to say. But, the following is what I actually believe the awards should be at. 1) Irritable Colon Syndrome (7319) at 30% a) W/Secondary of Rectum and anus, impairment of sphincter control at 30% (First Nexus) 2) Gastro Esophageal Reflux w/Barrett's Disease at 30% (no code that I have found, and I have seen several BVA cases which have distinguished wins seperating Irratable Colon Syndrome (Second Nexus, seperating the two Gastro issues) 3) Hernia Hiatal (7346) at 0% (did not file this, unaware of it (no SMR at the time) but to get too item #2 and the following I will need it. (NEW) b) W/Secondary Sleep Apnea Syndrome (6847) at 50% with CPAP (VA authorized and granted) (Third Nexus) (Gulf War Vet also applys as well for the above) 4) Spondylolisthesis (5239) at 60% (Pain is constant (12 month rule if i can get a doc to sign off on it) (level 6 too 7 on pain chart, requiring constant script meds with no chance of improvement x2 surgeries no plans for more due too higher than normal risks) with 0% motion to the back) b) W/Secondary Sciatic Nerve (8520) at 40% (Fourth Nexus) 5) Chronic Adjustment Order (9440) (Major Depression, Anxiety, AND PTSD) I know that the higher of the three will be selected. at least 30% or 50% depending on evaluations from envelope to me getting private IME's as soon as see what they (RO) has in brown envelope. b) This was claimed on first round, but knew that it would probably be shot down without Nexus (5th Nexus). I could break all of it down to as why, but, really I am just not in the mood atm or have the patience. I had other claims submitted that all I am sure got shot down, I knew they would, still do not know why the DAV I was working with had me add them when I knew I did not have those issues or I had no documentation on them. I know I have a long way to go, but we will see where that road takes me. I have nothing to loose and allot to gain. I have an issue of concentrating on all of this constantly, as my fiance' has mentioned. First it was SSD (won), Second was this round, Third is what I am about to go through. I know I must start my life now that I am actually able to pay my bills and not rob Peter too pay Paul to make it happen. And, I am working on it... slowly. Question is if i do get what I believe I am entitled too... and since my life has revolved working all this out for the last 10 years and adjusting to my new life.. then what am I going to do? I know many will chim in and say enjoy life, find a hobby. I wish I could but realitity of it is, I have lost my kids, a wife (if you call her that) jobs and any social life I did have before all this started. With the physical limitations I have now, I find it very hard to find ANYTHING I am able to do for any given period without being in so much pain I want to just sleep or spending my entire time in a bathroom.... (shrugs) Just dont know. Link to comment Share on other sites More sharing options...
kevin4998 Posted June 13, 2013 Author Share Posted June 13, 2013 Just wanted to add... The military has/had taught me the one thing they should of not.... and I am sure that applys to many of you out their that have or having to go through the red tape of the VA to get your entitlements... Perseverance That is the conundrom the VA is facing, the very thing we was taught as military men and women. Link to comment Share on other sites More sharing options...
tonio Posted June 13, 2013 Share Posted June 13, 2013 First off Kevin congrats on your victory my brother a win is a win is a very positive adjudication nevertheless. Secondly when you submit your NOD's be specific on the Denied contentions in which you feel should be included in your claim. Third your IMO / Nexus letters will circumvent those pesky / flimsy C&P arguments properly. I will say your blessed as we all are here to still be able to fight the good fight. Thank you for sharing & Thank you for your service !!! God bless Link to comment Share on other sites More sharing options...
Notorious Kelly Posted June 14, 2013 Share Posted June 14, 2013 Good work, Kevin! Link to comment Share on other sites More sharing options...
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