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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
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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FYI- SOME VAMCs are Open for Exams again
brokensoldier244th posted a question in VA Disability Compensation Benefits Claims Research Forum,
Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.-
- 7 replies
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Global Vets Consulting, -
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Mere speculation in your VA C and P exam
Tbird posted a topic in VA Disability Claims Articles and VA News,
Mere speculation in your VA C and P exam
M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading- 0 replies
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Tbird, -
A favor please - just changed servers so if you have a moment...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.-
- 11 replies
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HadIt.com Fundraiser
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
It's time to ask for help from the community. If you can help with a gift it would be very appreciated.
Fund HadIt.com Veteran to Veteran LLC
Give 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.-
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Should I appeal NOD Decision on Earlier Effective Date
Galen Rogers posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Howdy all,
The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:
a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
nervousness.
c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
g. Physical exam dated 25 Feb 88 listed dizziness.
h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
i. Physical exam dated 25 Aug 93 listed headache.
j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
kind in each of my nostrils that went down into my throat to keep rny airway
open and stop my disruptive snoring.
k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.
So could you all take a look and let me know what you think.
Redacted VA NOD SOC 04-09-2020.pdf
VA 2008 Denial of OSA Redacted.pdf
VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF-
- 3 replies
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By Wise Guy
I submitted my supplemental claim 3 days ago for the following diagnosis with evidence:
- Flat Feet (Primary) - Bilateral Plantar Fasciitis (Secondary) - Bilateral Pronation to mid and rear foot (Secondary)
- Intra-articular Hip Pain (Primary) - Femoroacetabular Impingement (Secondary) - Right Adductor Groin Pain (Tertiary) - Athletic Pubalgia (Tertiary) - Osteitis Pubis (Tertiary)
- Right Knee Pain
- Low Back Pain
- Left Tennis Elbow - Bilateral Tinnitus
The VA updated va.gov 2 days ago with these pending diagnosis:
- Impairment of femur
- Flatfoot
- Limitation of leg motion (flexion)
- Lumbosacral or cervical strain
- Limitation of forearm motion (flexion)
- Tinnitus
Through my own insurance, for all of the injuries listed in the first group of injuries above, I got doctors to diagnose me with them and they added, "More than 51% probable that the injuries occurred during military service" since the same injuries got denied in the past. I used those evidences to file my supplemental claim. I called the VA today to request for them to change what they put back to how I had it. The missing items like "Pronation", I had them annotate where to find the diagnosis on the doctors notes so that they can add it. I think they overlooked it. They also left out my right adductor pain. For the hip injury, it's not just, "Impairment of femur" as they put it. Why did they do this? Are they trying to gyp me? Why didn't they annotate the secondaries and the tertiaries like I annotated it? Instead of "Right Knee Pain" they put "Limitation of leg motion (flexion)". For "Low Back Pain" they put "Lumbosacral of Cervical Strain." For "Left Tennis Elbow" they put "Limitation of forearm motion (flexion)". Are they trying to gyp me or did I make the mistake of calling them asking them to change it back to how I had it?
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By DonaldANG
I originally filed a claim for bilateral hearing loss for both my left and right ear, but 2 years ago was only awarded Service Connection for my Left Ear, but only at 0%. The VA said that it was at 0% due to my Right Ear being at normal hearing at the time of my hearing test. But I just now filed a claim for an increase in my Left Ear hearing loss. I went for another C&P hearing exam. I told the Hearing Doctor that now my Right Ear was getting bad too and could she test me for hearing loss in my right ear this time. When the test was all over she told me that I did have some Right Ear hearing loss this time, but it was no where near as bad as my Left Ear. So I left there thinking I would be awarded something for my Right Ear now that the Hearing Test showed Right Ear hearing loss. But on Ebenefits it still shows Not Service Connected. How can you have your left ear service connected for hearing loss and not your right ear, if you were exposed to an explosion? It doesn't make any sense. That was the whole reason they service connected my Left Ear to begin with. Now that the hearing exam shows hearing loss in my Right Ear, the VA gives the excuse that my Right Ear hearing loss isn't Service Connected, because whenever they originally tested my Ears 2 years ago for my original claim the hearing exam didn't show any Right Ear hearing loss. But everyone knows that Hearing Loss can occur many years after the fact. My Dad served in Vietnam and was exposed to explosions on a daily basis, but he didn't show any immediate signs of hearing loss for decades. It wasn't until the last few years that we've noticed his hearing getting worse, and so now he filed a VA claim and was awarded for Hearing Loss and that was from back in 1969. So Hearing Loss doesn't have to happen overnight. Just because I didn't have it 2 years ago, but I now do, doesn't mean it isn't being caused from the same explosions from whenever I was in the service and what caused my Left Ear hearing loss. Has anyone else been through anything like this before? Any suggestions as to what I might be able to do to help? Thanks.
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By JaeT.21
I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment. Also I hide a lot from them, to keep my job, like just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people.
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By ROMAD
I submitted a claim for Sinusitis, OSA,, and Tinnitus. My claim was denied for all 3.
The tinnitus they claim was neither occurred in nor was caused by service. My job on active duty exposed me to gun fire, explosions, tanks, and tracked vehicles. I submitted the Duty Noise Exposure Spreadsheet that displayed my AFSC was rated as highly likely to be exposed to loud noise. In the first Exam they claimed I said my hearing loss was from jets flying overhead. Never said that, so they scheduled a second exam. This one they acknowledged the correct job but I was still denied. The evidence listed on the second decision dd not include the MOS Noise exposure chart I included on the first claim. I never went to sick call for ringing ears because that is just silly (had I known then) and was not something you did. I have had quiet office jobs since separating from The Air Force. What am I missing?
For the OSA claim, I submitted Lay statements from my current wife and my ex-wife as well as explained to the doctor my symptoms and that when I was on Active Duty i had no idea sleep apnea was a thing. I assumed I just snored and was tired because I was working hard. I had a sleep study this past year and was deemed to have severe OSA. In my claim I listed that I believed my osa was related to my cluster headache disability. They responded Cluster headaches do not cause OSA even if there are many people with cluster headaches and also OSA. I experienced a stuffy nose during my headaches on the left side. This was completely different from the closing of my airway when I would sleep. It was just worst if both occurred at the same time. They claimed I have other risk factors such as being male, obesity, and advancing age. Something I did not include in my claim was the fact that I was on the Fat Boy program at one point on Active Duty and my SMR made a reference to obesity. Would this help support my claim. Also in the second decision they said I was a 73 year old male and I am no where near 73 so they probably mixed my records with someone else. What can I do about this?
And Sinusitis, I have a couple diagnosis in my SMR's specifically listing sinusitis. I have had sinus issues since I was on Active Duty. I use a Netti Pot and have been diagnosed post active duty with sinusitis. The DBQ from the QTC Medical Doc claims I have rebound sinusitis because I mentioned using Afrin. I have always been aware of the danger of over use and in my VA records I discussed this concern whenever the VA would prescribe a nasal spray. What am I missing and how can I get this corrected. The errors on the 2 decisions make it seem as if they are not very organized and I have to suffer from their disorganization. Are they supposed to review all of the evidence from the initial claim when you submit a supplemental, or should I have resubmitted all the documents from the initial claim. Are the documents that contain research that supports your claim supposed to be on the evidence list as well? They were not on there and if they did not give those documents equal consideration what is my recourse. Any assistance would be appreciated Thanks for listening.
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By JaeT.21
Welp, Just found out they closed my claim. Surprise surprise, nothing changed EXCEPT they reduced my GERD from 60% down to 10%! WHY and What the?! So apparently that random C&P without my knowledge played a significant part.
So my questions are the following:
1. Should I reopen my claims or file an appeal?
2. How do I go about getting ALL of my C&P claim notes, especially whatever was said from this C&P without my knowledge?
3. Should I even attempt to ask for the much qualified for increase on other areas of my body, that have gotten worse, or fight this last round of let downs?
I try to explain to everyone when you retire or get out and become a veteran, your own company (the VA) treat you like used tissue. Nobody has any use for used tissue...tossed to the side.
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FYI- SOME VAMCs are Open for Exams again
brokensoldier244th posted a question in VA Disability Compensation Benefits Claims Research Forum,
Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.-
- 7 replies
Picked By
Global Vets Consulting, -
-
Mere speculation in your VA C and P exam
Tbird posted a topic in VA Disability Claims Articles and VA News,
Mere speculation in your VA C and P exam
M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading-
- 0 replies
Picked By
Tbird, -
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A favor please - just changed servers so if you have a moment...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.-
- 11 replies
Picked By
Tbird, -
-
HadIt.com Fundraiser
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
It's time to ask for help from the community. If you can help with a gift it would be very appreciated.
Fund HadIt.com Veteran to Veteran LLC
Give 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.-
- 11 replies
Picked By
Tbird, -
-
Should I appeal NOD Decision on Earlier Effective Date
Galen Rogers posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Howdy all,
The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:
a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
nervousness.
c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
g. Physical exam dated 25 Feb 88 listed dizziness.
h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
i. Physical exam dated 25 Aug 93 listed headache.
j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
kind in each of my nostrils that went down into my throat to keep rny airway
open and stop my disruptive snoring.
k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.
So could you all take a look and let me know what you think.
Redacted VA NOD SOC 04-09-2020.pdf
VA 2008 Denial of OSA Redacted.pdf
VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF-
- 3 replies
Picked By
Galen Rogers, -
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I am currently rated at 10% for tinnitus. I filed for SC for an ankle injury, bad knees and hearing loss in April, 2010. I was SC for hearing loss and pain in knees in 2012 at 0%. I filed my NOD within two weeks of the decision and have been waiting on appeal since. I just had had my C&P for ankles, knees, and hearing on April 14th. I was told by the C&P doc to expect a letter from them by June 14th (60 days). I am not holding my breath. I have a torn meniscus, effusion in the knee, and pain. I have been issued a hinged knee brace for each knee as well as hearing aids. So I feel strongly that I should end up with at least 30% combined, hopefully 40%.
My understanding of the retro pay is I should see retro for the difference in what ever combined rating percentage I end up with minus the 10% I already received, going back to the original filing date (4/2010). As I was married in 2009, but can not add my dependents until I am rated 30% or more, will I get retro for the higher amount of spouse and dependents in a second retro payment going back to the original filing date?
I get that it will be the final dollar amount with dependents, minus the single amount at the new percentage - the 10% already paid. If my research is correct I should see a first payment of at least $18,671.44, granted I get at least 30%.
I got this from: $407.75 (30%) - $133.17(10%) = $274.58 x 68 (months) = $18,671.44
Once my dependents are added there should be second payment of $12,240.00
I got this from: $587.75 (with spouse and 5 kids) - $407.75 = $180 x 68 (months) = $12,240.00
Any information that I am missing would be greatly appreciated.
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