I Dont Want To Jinx It, But....

[usaf1970]

I had a closed door C & P exam last Wednesday, that I was not allowed to attend. I was not happy about this, but maybe it was for the better. I logged into eBenefits on Thursday and seen that my claim moved to the final phase before completion (i think its called preparation for notice). I clicked on the link to download va letters and I see a document that says I'm approved for 60% for my kidney disease. I'm pretty estatic. I thought I was looking at 10-30% if I was lucky.

Thanks a lot to all the people on this site who share their knowledge. This site has been a great support tool for me. Words can not express the grattitude I feel towards a lot of people on this site who took the time to respond.

Never give up hope guys!!

[Mikemmlj]

Excellent. Now take care of yourself.

[Berta]

This sounds great and you will know more when the decision comes.

I wonder if they considered the HBP and the gout..

" I now have hypertension and pretty severe gout. My kidney specialist believes these are secondary to my kidney disease"

I suggest to hold onto some of the retro just in case you ever need an IMO.

Have you ever applied for SSDI for this condition?

I made some other points in that link as well regarding potential CUE claims.....

if a vet is denied for a SC and the denial is not appealed ,and then the disability eventually becomes SC, ........

if the disability was at least at a 10% NSC rating level in the denied decision, that makes the older decision in many cases, ripe for a CUE claim to recover some EED.

The legal error would be in the rating sheet.

A determination of NSC is a a legal error if it should have been SC.

But the medical evidence must have been established at the time of the decision.....

CUEs can often garner Mega bucks as many CUEs posted here have done, from the BVA as well as some members here.

[usaf1970]

Thank you Berta. I am going through ebenefits now and trying to add gout, hypertension, sleep apnea as secondary. I tried to add depression since i've been taking meds for that since 2008 or 2009. But when I add that through ebenefits it treats it like PTSD...so I dropped off depression.

I have not done anything with SSDI for this, I didn't think i would need to or be able to since I'm still able to work. I will look into that though.

"if a vet is denied for a SC and the denial is not appealed ,and then the disability eventually becomes SC, ........
if the disability was at least at a 10% NSC rating level in the denied decision, that makes the older decision in many cases, ripe for a CUE claim to recover some EED."

I'm all over this. I'm going to file for a CUE and even though my VSO does not think it will hold water, I can not see why it wouldn't. In my denial letter from my 2008 claim, the VA stated that they were unable to find medical records from my military medical records that showed where i was treated for kidney disease. I'm not sure how they missed the proteinuria, but I guess they did. So this time around it was approved. I will try a CUE and hopefully my kids get to go to Harvard as a result. :))

You are truly a saint for helping vets on here. The world is a better place thanks to people like you!!!

[Notorious Kelly]

Glad to hear it, USAF!

[Berta]

SSDI would only be relevant if you do ever have to quit work due to disability.

Then if the SSDI is solely for the SC condition, you would be eligible to receive TDIU ( paid at the 100% rate)

Thank you for those very kind words!

"'m going to file for a CUE and even though my VSO does not think it will hold water, I can not see why it wouldn't. In my denial letter from my 2008 claim, the VA stated that they were unable to find medical records from my military medical records that showed where i was treated for kidney disease. I'm not sure how they missed the proteinuria, but I guess they did. So this time around it was approved. "

I am now thinking (since they obviously SCed the proteinuria disability,) that perhaps a claim under 38 CFR 3.156 would be in order...instead of a CUE claim.

hard to say at this point.....it depends on the older denial.

But I think you sure have a basis under 3.156 ©

38 CFR 3.156 a powerful regulation:

We discussed this on the radio show mentioned here:

in our archived shows

"38 C.F.R. § 3.156© provides that “if the VA receives or associates with the claims file relevant service department records at any time after the VA first decides the claim, the VA will reconsider the claim, including the issue of awarding an effective date back to filing of the original claim”.

They sure did find some "relevant service records", in my opinion.

But it depends on the wording of denial. Are you able to scan and attach that older denial here ( cover name, address C file # first)...the Evidence list and Reasons and Bases part and also the Rating sheet)

I have been to Harvard as a guest because my uncle was on their Faculty.They dedicated a special room to him.

He didnt know it was to be a surprise and opened the wrong door on one of our visits there.

If your kids get to Harvard (and nothing is impossible!) I will let you know where that room is and why he was honored that way,and also don't miss the Peabody Museum if you ever visit the kids there. Harvard is fabulous.

Others will chime in....I sure think you might well be entitled to a nice piece of additional retro.

That is why we all need to get those SMRs and study them real good.

A vet I helped had vet reps and lawyers and went to the CAVC twice before I met him.

His condition was documented in his SMRs but symptoms, not a diagnosis.

Long story but he finally won his claim....

The BVA gave me a clue in one of his denials.I ran with it and that led the way to an award letter.

Edited November 24, 2014 by Berta