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sauerkraut1977

C&P Results Ankylosing Spondylitis

Question

Hi all. Finally went to the regional office today and got my results to share for some good old feed back. of course in my opinion another shitty exam but starting to get use to them now and I will be an appeals expert one of these days. Sorry I had to attach the results but I got them on paper and I had to scan them as a pdf file because I can not use windows 10 worth a shit. The files open up in the Microsoft edge thing and it will not let me copy and paste them or give me the option to save as a word document. Anyways as usual it says onw thing then another and the doctor says its not service connected in his opinion but he was googling the disease because he did not know what it is. also he only wanted to look at my back only but the disease is complicated and has been caught early enough I do not have much x-ray evidence and it effects my joints more than my back and neck. I look forward to some feedback and computer help if someone knows how I can copy and paste the results in the body of this message. Appreciate you all and thanks again!

Back DBQ.pdf

Back Medical Opinion.pdf

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Update.( Need Help), Just checked e-benefits and status has changed to pending decision approval for 7/12-7/14 up from estimated sept date. Here is the problem I have.. I go to the rheumatologist on 7/13 and I am going to stat my Enbrel or Humeria treatment and  I was going to get a Nexxus letter and help on this claim. Is there any way to get this stalled like trying to talk to who has my claim file and talk to them??? As you know it takes 3 days to get access to medical record notes on myhealthvet and I want to get this medical evidence submitted for this claim because I do note want to go through appeal # 3. I just finally got the paperwork on my first appeal and have 60 days to respond so a trip to the VSO is planned for this week. I just have a bad feeling since a 2 month time period just jumped on this claim and as you see the idiot C&P doc did not give me a good exam so I am expecting the worse and a denial decision that  would like to avoid. Plus the exam they just looked at the AS and I have other issues on this claim such as: Disabilities Claimed: ankylosing spondylitis (New), inflammatory arthritis secondary to ankylosing spondylitis (Secondary), BL HEARING LOSS (ACOUSTIC TRAUMA) (New), DJD LUMBAR SPINE (New), DJD CERVICAL SPINE (New). in which I have no had an exam for these other issues Hope someone sees this since I posted under my original topic cause I could use some advise. Thank you all again.

 

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Did your status change on a Saturday or did you not check your status on Friday? The VA working on Saturdays to clear up the backlog would certainly be encouraging.

Edited by EODCMC
Typo

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Funny you ask, yesterday when I checked the estimated completion date was 7-14 to 7-18 and when I checked just before my post on here I noticed it had now changed to 7-12 to 7-14. the status changed from preparation for decision yesterday and now today it is showing preparing for notification. So you might be right and they are working Saturdays because this has changed since I looked at it yesterday, looks like appeal # 3. On my first appeal I filed it in January and just Thursday I got the statement of case and VA form 9 to fill out so my appeal will move forward, so hope that means even the appeals process is improving.

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Thanks for your response. Unfortunately, mine seems to never change. I wouldn't mind a sticky note saying " Don't fret Jim, I opened your file today. Hang in there."

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Oh man have I been in that situation before. This is the first time ever I actually want them to slow down with my claim. The last two I wanted them to hurry up and I can not believe I want the opposite. A doctor at the VA told me yesterday on average it takes 2 appeals to get your ratings right and it looks like I am in track for 3. Hang in there Jim!!

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    • 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
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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