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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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    • 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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DocC03

Verbally denied GWI

Question

This is what an highly regarded environmental specialist had to say in my medical records. Since then I keep getting told that gulf war illness in not a real diagnosis. What do I do to get my docs to take this seriously? What can I do?

 

We talked about your exposures during your military service including your deployment(s) to Iraq You indicated that you were exposed to Burn pits, chemicals from industrial plant, exposure to organophosphates and unknown chemicals from manufacturing facility and Uranium. You would like to know whether your exposure(s)are related to development, migraines, fatigue, joint pain, PTSD, and DJD. The remainder of this discussion focuses on exposure concerns and their possible relationship to current health issues.

GULF WAR ILLNESS- Based on your description of your health issues and your exposures during your military service, your current symptoms and medical condition are consistent with, and meet the criteria for the VA case definition for Gulf War Illness/Syndrome. The VA case definition for Gulf War Syndrome is as follows: A medical condition affecting some veterans of the Gulf War, characterized by fatigue, headache, joint pain, skin rashes, nausea, dizziness, and respiratory disorders, and attributed to reactions to prophylactic drugs and vaccines, infectious diseases, or exposure to pesticides and other chemicals, radiation, and smoke from oil fires. For more information, please see - Research Advisory Committee on Gulf War Veterans' Illnesses. Gulf War Illness and the Health of Gulf War Veterans

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Claim the symptoms, Migraines, Fibromyalgia, IBS, Chronic Fatigue Syndrome, Skin Disorder. Whatever the condition you feel are connected to your time served either in service or time deployed but keep in mind that you will still need some type of diagnosis.

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

Edited by pete992
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Pete,

Thank you. I tried claiming the symptoms and was told they would not do a C&P for that since it was Gulf war illness.

I have a diagnosis of Gulf War Illness and an ICD code 9. On top of my problem list of diagnosis in my medical records it says Gulf war illness. 

They wouldn't do a C&P for this diagnosis. I went to the C&P and the only thing they wod discuss was problems that could not be linked to GWI. 

I tried to bring up the symptoms of this and I kept getting told that he was not authorized to talk about that stuff. He could only discuss what was in the list and even though I claimed the symptoms as well as Gulf war illness he would not talk these as they were not on the list.

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I have made this point here many times and it bears repeating.

If a veteran claims Gulf war illness or Gulf War Syndrome, without elaborating on what illnesses  they have, that conform to the medically unexplained illnesses  and/or rest of the  criteria of the Gulf War regulations, the VA can deny the claim.

 

Pete posted the link to the info you need.

 

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5 hours ago, DocC03 said:

Pete,

Thank you. I tried claiming the symptoms and was told they would not do a C&P for that since it was Gulf war illness.

I have a diagnosis of Gulf War Illness and an ICD code 9. On top of my problem list of diagnosis in my medical records it says Gulf war illness. 

They wouldn't do a C&P for this diagnosis. I went to the C&P and the only thing they wod discuss was problems that could not be linked to GWI. 

I tried to bring up the symptoms of this and I kept getting told that he was not authorized to talk about that stuff. He could only discuss what was in the list and even though I claimed the symptoms as well as Gulf war illness he would not talk these as they were not on the list.

Doc, I am a little confused. You claimed fibromyalgia, migraines, CFS, IBS and you had a diagnosis and a nexus statement/letter and VA would not give you a C & P exam.  Remember that VA does not consider GWI a symptom, there is no rating for it under 38 CFR part 4. Always keep in mind there are always more then one way to skin a cat and you can always file claims as secondary to your already service connected conditions.

This may help.

http://www.ecfr.gov/cgi-bin/text-idx?node=se38.1.3_1317&rgn=div8 

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Pete,

Thank you. I filed fibro, CFS, IBS, Gerd/dyspepsia, chronic unexplained illness, and GWI. I filed these understanding that GWI is not something they rate for but looking at the writing on the wall I wanted it documented that I filed for it as an actual condition so it would be in my records.

I expected to be denied for GWI on the basis of not being able to rate for it.

I was given a C&P that was supposed to cover all these. The P.A. understandably dismissed Fibro since I don't have that diagnosis, specialist said it looks like Fibro bug not conclusive.

C&P P.A. dismissed IBS said it was setting in my colon and not IBS. 

Concurred with GERD but said it was from getting older not Iraq. 

Would not discuss CFS even though I have this as a solid diagnosis.

Would not discuss skin infections even though this was linked solidly to GWI

Would not discuss the diagnosis of GWI, I guess because they don't rate for it.

Only a couple generic questions for headaches even though I did not claim it. I am rated at 50% already for headaches. 

D.A.V. called today and said I would have a C&P in the next few weeks for headaches because the V.A. is looking at my rating for headaches on their own.

Hope this clarifies a little.

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

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