Now what?

[Scout Swimmer]

03-19-16

Granted 30% asthma according to AB8 letter. (From 06-03-2011)

03-20-16. Received SOC regarding headaches. 

03-21-16 Submittef rebuttal to SOC and fired VSO. (Did not follow remand instructions/failed to consider nexus for migranies related to service connected asthma, rhinitis, nasal blockage, deviated septum never addressed).  

Have not received official rating yet. Also did not receive retro payment or new monthly adjustment for April. 

Damn VA. Real good at sending BS denials. Not so good at getting Veterans their entitlements when proven wrong. 

[Navy4life]

Your thread is all over the place.  What exactly are you asking us???

 

[jfrei]

Now what are you asking?

[flores97]

ScoutSwimmer, did you notice in the evidence section (for SOC on migraines), what evidence was considered? I think I remember you saying you had IMOs done by Dr Bash, were they listed as evidence? If you could redact personal info and post a copy of the SOC, we should be able to suggest some options. 

[Scout Swimmer]

I'm sorry if I am all over the place with this. I'm just really frustrated with these people. Its actually really simple and I do have a handle on it. The issues on remand where asthma, migraines, deviated septum, chronic rhinitis, nasal blockage. Case is on remand, C&P's were completed for Asthma and migraines (other breathing issues were not even addressed, which were in the BVA remand as well).

Asthma granted at 30% over a month according to AB8 (still no retro or packet)

Migraines denied (They only considered it as direct connect which is ridiculous because Bash and the first C&P DOC said they were a result of the Asthma that is now connected)

Got a letter yesterday saying my Veteran Advocate (John Dorle is not accredited so American Legion is still my POA. Again, ridiculous since he is listed on the VA database is accredited.  

I really don't have any questions at this point. (Except maybe a timeframe to retro and the official decision for the asthma) ) I'm certain time will sort things out. I am just really frustrated with this 5 year appeal and these VA people. I don't know if they are incompetent or doing this stuff intentionally but I just wish it was over.  

Again, sorry for the confusion. I use this place to vent out my frustration. It helps.

Edited April 7, 2016 by Scout Swimmer

[flores97]

ScoutSwimmer, you have nothing to apologize for. We all need to vent sometimes!! When you do receive your statement of case(or award letter for asthma), BE SURE to look at the evidence reviewed section. It would also of course help to redact personal info and upload a copy here on hadit.I reread your post and realized you did receive an SOC for the migraines. Can you post a copy, look over the evidence page very carefully, if ANY of your IMOs, other impotant evidence is not listed, resubmit that evidence asap with a statement detailing that the important evidence was not considered. That is a violation of one of the regs, hopefully one of the elders will comment also, let me look up which one.

[Scout Swimmer]

Thanks Flores. 

The good news is we finally received the official rating today. I'm not very computer savvy but I wish I could post it because it's actually a bit funny. They offered no medical or legal explanation of why they ended up granting the service connection. Almost as if they just shrugged their shoulders and gave up. 

No retro yet but it looks like they got the timeline correct at least so that's good.

Thanks for understanding. .