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    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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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mtau

PLS and ALS

Question

I would like to know if you are diagnosed with pls, are you able to get disability under als.

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http://archneur.jamanetwork.com/article.aspx?articleid=793404

There is a difference.

Was the PLS diagnosed by the VA or by a non VA specialist? Did they say they would expect a possibility the PLS could advance into ALS?

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This vet had his PLS service connected as a variant of ALS.

http://www.va.gov/vetapp12/Files6/1241096.txt

The vet cited some treatises and also he had a strong IMO.

Would your doctor (if non VA) be willing to prepare and IMO for you if needed?

The above articles or medical treatises the vet used might be enough for VA to connect the dots but probably not.

Have you filed the claim yet?

 

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Thanks for the replys Berta. A private neurologist said that it could be pls. I've been going to the va for the last 8 years with neurological problems ie lack of mobility in legs, numbness, etc. First they diagnosed pinched nerves in my back. Got mri, seen a neurosurgeon, he said there was no evidence of pinched nerves in my spinal column. The last neurologist I went to at the va, said that he didn't know what I have. Haven't filed for PLS yet. Did file for PD last year, because I thought that was what I had. It was rejected, which I thought, Just wanted my neurological disorder on record.

Edited by mtau

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I would file for ALS as a variant of PLS ,as the vet at the BVA did.

There are a few more PLS claims there but I don't have time to read them today.....when I can ,and if they might help, I will post their links. If that Neuro you see would agree with the variant statement and give a brief opinion that you do have PLS ,"more the .llikely" as an ALS variant,  and you can refer the doc to the studies in that decision, I think you can definitely succeed in the claim.

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Bertha,

You are a walking wealth of knowledge. Whenever, I observe your posting, I generally stop to read. Interesting reading about PLS as a variant of ALS. Particularly as it relates to  my husband's gradual worsening condition of indeterminate onset after Vietnam/Agent Orange Exposure.

My husband finally  took my advice and made it known to his VA doctors that he has lost use of his right hand. Since he is left handed, he has managed to cope for many years as he gradually lost use of his right hand.. This issue with his hand has been a gradual process over the years to which it is not one that can continue to be ignored at this point. It first became more noted about 9 years ago. However, his right hand has become increasingly clawed and deformed looking. One of his fingers on his right hand is completely crooked and immobile. He cannot push back on force when right hand or fingers are pushed on with force.  My husband cannot screw lids off jars with his right hand. He can no longer grasp the car's steering wheel to steer the car with his right hand. The responsibility of preparing his ostomy bag by cutting a hole to fit the size of his stoma and clipping the ostomy bag closed at the end is completely on me now. Because my husband can no longer use scissors for cutting and cannot clip items together due to the loss of strength/use of his right hand.

On the possible/likelihood of the contributing condition of my husband's neuropathy in both feet and hands; the VA's desire is to continue to blame my husband's past use of heavy alcohol consumption for his neuropathy. To that effect, he was denied the neuropathy claim. We appealed that denied finding. it is presently on appeal. He now has been determined to have DM2; but, his neuropathy was denied prior to the DM2 determination. 

My husband use to always say that a pinched nerve was causing his hand to gradually become worsened to the point of losing all use, The VA doctors in the neurology department are saying his hand has increasingly become worsen over time due to a pinched nerve in his neck and degenerative narrowing of his spinal cord. After my husband's MRI, we had a consult . it  was proposed to operate on my husband's neck to relieve the pinched nerve. In discussing possibilities of the underlying cause, degenerative arthritics was mentioned. They also seemed to think tht my husband's condition could be related to the neuropathy;; however, had gone beyond neuropathy. ALS and MS was sort of mumbled by the doctors as a musings of wondering to pinpoint. Then, after the X-ray, the supervising/Chief doctor called to say upon viewing the X-ray, surgery would not alleviate the problem. So, next month, my husband has an upcoming EMG, So it seems, the jury is still out to say exactly what has caused my husband to lose the use of his right hand.

Edited by DonH
spelling, clarity, and adding more details

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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