Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • 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
  • Advertisemnt

  • 0
Sign in to follow this  
TALON II FE

C & P Notes, seem fishy?

Question

This was noted in one of my C & P's, aren't most if not all of my diagnosed issues he lists associated with GWI?  They slid this into my initial claim post-retirement C&P for general medicine.  I had plenty of exposure incidences, besides the daily issues we all dealt with living of there...I think they are already covering things up, there is no other reason for this to be there, other than for them to manipulate it at a later date. 

"The Veteran's diagnosed obstructive sleep apnea, headaches, chronic sinusitis, joint pain, nerve pain, skin condition, muscle pain and irritable bowel syndrome represents conditions with a clear and specific etiology and diagnosis. They have not been associated with exposure to environmental hazards such as burn pits exposure, inhalation of fine grain sand, fuel or solvent fumes, insecticides or pesticides or multiple vaccines. Therefore, it is less likely as not (less than 50 percent probability) that these diagnosed conditions are related to a specific exposure event experienced by the Veteran during service in Southwest Asia."

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I also saw where he (PA 'specialist') overrode my old AD Navy Fellowship-Trained Hand Surgeon on multiple diagnoses.  Craziness abounds in the World of the VA...

Share this post


Link to post
Share on other sites
  • 0

"The Veteran's diagnosed obstructive sleep apnea, headaches, chronic sinusitis, joint pain, nerve pain, skin condition, muscle pain and irritable bowel syndrome represents conditions with a clear and specific etiology and diagnosis. They have not been associated with exposure to environmental hazards such as burn pits exposure, inhalation of fine grain sand, fuel or solvent fumes, insecticides or pesticides or multiple vaccines. Therefore, it is less likely as not (less than 50 percent probability) that these diagnosed conditions are related to a specific exposure event experienced by the Veteran during service in Southwest Asia."

I believe that the highlighted areas are presumptive to service in Iraq (Assuming you were in Iraq). I am not sure how much weight his final statement about not being related to a specific exposure holds. I would like to believe that a rater would dismiss his final statements since these issues are presumed to be caused by service in Iraq but we all know how the V.A. does things. Its hard to say which way that will go. But also it would nice to know what the diagnosis is that he is claiming??? I don't believe nerve pain, skin condition, and muscle pain is a diagnosis but I could be wrong. I think it is a symptom caused by something that may or may not be diagnosed.

One issue I see it that Sleep Apnea can cause headaches, pain, and fatigue so I can see the rater using that against you unless you have documentation from doctors that say otherwise.

One thing with issues from gulf war service is that your symptoms can not be caused by anything else. 

Search for my post about WRIISC in Palo Alto and read through the details. If you have not been there yet it might be worth trying to get your PCP to send you there. 

One more thing. Not knowing where you were stationed in Southwest Asia make sure that the presumptives cover where you were and that you have the time needed in that area. If they don't then I do believe that you have to prove a cause for your conditions such as exposure to chemicals. 

 

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

I am rated 100%.  I was a C-130 Flight Engineer, both on traditional C-130's and Special Operations variants.  I did multiple deployments to both theatres, as well as participating in Bosnia and OIF-P (Philippines) and many, many JCETs and other 'trips' as a Special Operations Aviator.  I helped breakdown K2 in Uzbekistan when we closed it (known old, Soviet nuclear waste dump), lived in Balad in both 2005 and 2007, with the burn pits blowing directly across our tents and later on our trailer quarters under the prevailing winds.  I inhaled aircraft hydraulic fluid during an aircraft emergency, bathed in JP-8 Jet Fuel in Al Assad,  during a fuel truck malfunction while refueling the aircraft, ate more terrible food in terrible places than I could remember as well as environmental exposures all across Asia 'proper' as a special operator.  I was medavac'ed twice while stationed in Asia based off of issues that could not be easily diagnosed with numerous abnormal EMGs, imagery, etc.  The end result was being medically disqualified from flight, and that was prior to at least 1/2 my surgeries.  I have about 2000 pages of SMR's, so there is the documentation available, I guess they just need me to hold their hands and point out the mistakes.

  I receive 30% "headaches"(Migraines), 50% "sinusitis", 10% seborrheic dermatitis ("skin condition")...I guess joint pain, nerve pain and muscle pain all were tied into my spine, a few dead nerves and other injuries without really addressing the fact that those were individual diagnoses in addition to the others awarded and were almost all diagnoses were made by Fellowship Docs. They denied my IBS off of a lack of evidence, since they did not have all of my most current records, supposedly, so I will NOD that as well as many other incongruities once I receive my C-File or I hit 11 months from my decision, whichever comes first.  Too many 0% and 10%'s, tbh, and lowballs in general and I believe I should be P&T not just T.

To me, they rated me on many of the items, but are saying it is not related, even though they don't say what caused any of it. I believe they are stacking the deck against later claims and trying to keep the "statistics" down.  I believe that this is probably the standard rather than the exception, unfortunately.  They are covering their bases to avoid another AO type issue with the public and their purse strings.  "we had a registry".  "we gave them the opportunity to come forward".  And on-and-on...

Share this post


Link to post
Share on other sites
  • 0

I am still sticking with my original response since several of your issues are presumptive based on your time at Balad at a minimum let alone other areas.

Have you received your denial letter? I can't tell if these notes were from the C&P or from the denial? I think they were the C&P. 

Presumptive means that you do not need to have specific exposures. Time is country is your exposure.  I am guessing that the C&P doc did not know that time in country is considered your exposure!?!!? You do not need to prove that you drank biological agents anything else. ( Make sure you have proof of time in country) Make sure its on your DD214 or some other official document.

The only exception that I know is that you can not have any other medical condition that is causing your problems.  

From your list I would conclude that sinusitis, headaches, joint pain, nerve pain, muscle pain and IBS MAY all be presumptive as long as the are not caused by Sleep apnea or anything other problem.

What I have done in the past that seemed to work and maybe some one else can chime in if its a good idea but when I read something that is major such as C&P doc concluded that he did not have a clue what presumptive meant then I would go on Ebenefits and upload a statement to the rater that asks them to consider the V.A. position on presumptive illness caused by service in Iraq. I include the V.A. letter that explains the guidelines.

Again I have done this in the past with MAJOR things. I personally don't want to bring attention to small things that may or not become and issue. It has worked for me. Maybe its right to do this and maybe its not but I have had positive outcomes bringing attention to major errors in C&P exams while my claims are still open. 

Any thoughts from other people on whether this is a good technique or not would be great.

I am currently pending decision approval for several things that you have listed here. Although my C&P went different then yours from the sounds of it.

Lots of luck my friend.

Doc

Share this post


Link to post
Share on other sites
  • 0
On 4/14/2016 at 0:53 AM, TALON II FE said:

This was noted in one of my C & P's, aren't most if not all of my diagnosed issues he lists associated with GWI?  They slid this into my initial claim post-retirement C&P for general medicine.  I had plenty of exposure incidences, besides the daily issues we all dealt with living of there...I think they are already covering things up,   there is no other reason for this to be there, other than for them to manipulate it at a later date. 

"The Veteran's diagnosed obstructive sleep apnea, headaches, chronic sinusitis, joint pain, nerve pain, skin condition, muscle pain and irritable bowel syndrome represents conditions with a clear and specific etiology and diagnosis. Thesuch as burn pits exposure, inhalation of fine grain sand, y have not been associated with exposure to environmental hazards fuel or solvent fumes, insecticides or pesticides or multiple vaccines. Therefore, it is less likely as not (less than 50 percent probability) that these diagnosed conditions are related to a specific exposure event experienced by the Veteran during service in Southwest Asia."

Unfortunately the VA Believes the C&P Examiner...and this will probably be denied or low balled

Fortunately   you can NOD this decision if you don't agree....but you need to have records putting you there with the  burn pits and exposure for your evidence. if you need to get a IMO and have the Dr to give his/her impression  to these elements/conditions  that its likely as not(more than 50%) the cause of your current diagnoses/ disability from your prior military service

your correct some time we need to hold there hands and spoon feed & kiss ass....but that's the VA.

JMO

............Buck

 

Edited by Buck52
  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines