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. 

[Berta]

" I don't know if they are incompetent or doing this stuff intentionally but I just wish it was over. "

I think it involves both.. it is unconscionable what you men and women go through.....

It will help if we can see or at least understand what they decided was SC and why the other stuff wasn't.

"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" Yes he is. That is really bizarre.

[flores97]

ScoutSwimmer, DONT GIVE UP! That is, of course, what they are hoping you do. You and your wife will prevail and they will(eventually), be forced to grant the claims. Do you have a wireless copier/scanner/printer? If you do, set it to scan, scan the socs and rating letter, it should save to your computer when you do that(check under both uploads and downloads), then when you post a message to hadit you click on the paperclip under your post(click to choose files), select the area of your computer you saved the documents in (like"my computer, or downloads), and select the documents. They will then upload to hadit.

[Scout Swimmer]

We are not giving up. Especially now that her asthma has been service connected after a 60 month fight. The Migranes, deviated septum, nasal blockage, and chronic rhinitis should be now connected since they are related conditions. 

John Dorle was quick to correct the VARO about his accreditation and the worthless AL rep was fired.

Our rebuttle to the SOC for migraines  and related breathing issues has been  submitted.

i would just like to say how vital Mr. Dorle has been through this whole process. He is the real deal folks.  

Edited April 12, 2016 by Scout Swimmer

[Scout Swimmer]

DOT, it's a bit complicated. Diagnosed with asthma in 2009 by private doc. . Filed  with VA in 2011. The VA tried to say she didn't have asthma. They said she had chronic bronchiasitis, deviated septum, and sinusitis.rhinitis nasal blockage in her initial C&P in 2011. (Denied service connection) Turns out she suffers from all these condition including the asthma. 

Im not sure how this works from here, but now that asthma has been established as service connected, and it was the VA originally diagnosing her with these other breathing conditions, and that we have multipal Imo's stating that asthma caused the other breathing conditions including the Migranes, I would think they are now in the process of rating those as well. 

They did end up denying the Migranes but they only looked at direct connection. (Asthma was approved a week later) After we received the SOC for the Migranes. We responded by requesting a review to consider all available nexus's including medical evidence suggesting they are related. 

I tried to research all these secondaries to see if they will be rated with the asthma or rated separately but I could not determine anything. 

Its a complicated appeal for sure.

The claim on ebenefits was always worded as (Breathing conditions to include asthma) since her initial C&P in 2011. I'm not sure if that means anything but it seems it should be included. 

Edited April 12, 2016 by Scout Swimmer

[Scout Swimmer]

Ok, so here is the denial for migraines

"The appeal was remanded by the Board of Veterans Appeals for association of any outstanding treatment records with your claims file, a new VA examination to determine the etiology of your headache disability, and re-adjudication of the issue on appeal.

We have reviewed the evidence of record. A review of yout STR does not show complaint, treatment or diagnosis related to a headache conditions. A review of your VA treatment records shows your history of headaches and an opinion relating your headaches to chronic nasal obstruction and septal deviation, neither of which are service connected conditions. Your updated VA treatment records were associated with your claims file. On your VA examination conducted on March 4, 2016, you reported that your headaces began in 2002 while you were at Barksdale AFB. The examiner reported a diagnosis of migranes including migrane variants and opined that your condition was less likely than not incurred in or caused by service. The examiner reported Dr Bash indicated that your headaches are related to your service, however the opinion is elated entirely on lay statements and does not present any documentation of any headache condistion that was treated while in service. The examiner also reports that Dr Bash does not offer a rationale for his opinion other than lay statements.

The evidence does not show that your migranes were incurred in or caused by your service: therefore your claim for entitlement to service connection is denied.

The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable".

Note, Her Asthma claim was approved a day after we were denied for migraines. Dr Bash provided medical evidence and rational with clinical studies that asthma can cause a multitude of breathing problems, sleep disturbances, and migraines.

Response to Statement of Case

"With respect to the BVA issues on remand and my review of the CP exams that were conducted in FEB/MAR 2016, please consider,

It would seem clear and I trust that the AOJ will agree, that service connection for respiratory condition is in order and should be rated at the highest allowable compensation rating back to the original date of claim, based on the CP examiners opinion. (This happened)

What may not seem clear to the AOJ and I ask the adjudicator to review very closely, the issue of service connected headache/migraines. On the front, it may seem that service connection is not in order since the examiner was not able to opine in favor of service connection. But, it does not appear the examiner clearly opined whether it is least as likely as not, that the headaches/migraines are caused and/or aggravated by the respiratory condition. It seems that only direct military service connection was ever considered. I would also like to state that the CP exam that was conducted in FEB 2016 for respiratory condition, also addressed a Gulf War illness nexus. It appears that while service connection is not in order under the Gulf War nexus, it is clear that the examiner opined that the headaches are related to the respiratory condition that will likely be service connected.

In summary, I ask that the AOJ rate service connection not only for the diagnosed respiratory conditions, but also the resultant prostrating headaches/ migraines related to the respiratory condition on a casual and/or aggravated basis. I feel the evidence is there to rate at this time. I only bring this to attention to ensure all available nexus's are addressed, Thereby, avoiding further development by both parties for a satisfactory and favorable result. Please ensure CFR 3.102 REASONABLE DOUBT IS ADDRESSED IN MY FAVOR AS WELL AS RELITIVE EQUIPOISE, since Dr. Bash did opine favorably in his last IMO that there is a correlation with the soon to be granted asthma and the headaches. I ask that all probative value be assigned to past testimonials under CVA precedent opinion Moore V Derwinski is adhered. to, in which the AOJ discusses all new and highly probative evidence/argument as noted. To do any less would severely hamper a rebuttal to the BVA and or CVA.

Note, Service connection for Asthma was granted 1 day after submitting this disagreement to SOC.

So what are our chances here?

Edited April 13, 2016 by Scout Swimmer

[Navy4life]

Here is my thought....First off congrats on getting the long awaited battle for the Asthma!  That is a good step in the right direction. 

I am sure others will come along with sound advice but my opinion is I think you need to file a secondary to the asthma now that it is in fact service connected.  Based on the above denial it really sounds like they are not going to s/c the migraines as a primary condition.  I think it would be in your best interest to file the migraines secondary to the asthma.

You have a battle on your hands but we all seem to have them and don't ever give up!