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Entitlement

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Andyman73

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Hey, I saw this on Ebennies this morning...I have a current EED NOD in place since last fall, but this morning I saw another appeal that said Entitlement to EED.  What does that mean? 

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  • HadIt.com Elder

Hang in there Andyman, keep your appeals ongoing until you win  because one day you will WIN!

get this suicide thing off your mind, this is one way the VA Wins  so don't do that  or even think about it my friend.

I recommend you go to MH and seek treatment, it has helped me see the light.

These VA Claims takes its toll on all of us   the thing we got to do is keep our heads on our shoulders and be persistent.

Find a hobby you love try to be more loving 'compassionate & understanding to your family.

I truly think its just has hard on our spouses as it is ourself & them seeing what it does to us.

like Navy4life mention  thinking about these claims and what if's WILL DRIVE YOU BONKERS.

I've always thought that there's always someone worse off than me  and I'm more thankful for what I do have...its not much  but it will do.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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First off Andyman I am sorry you did not get a favorable decision.  What were the original contentions you filed for again? Why didn't you file for TMJ? Did you not file a claim for MH as primary?  Seems you filed it as secondary.  Are you getting treatment for MH now? Do you have a copy of the C&P exam for the MH claim?  If so, please post here, reacting the personal information.

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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On 7/14/2016 at 9:11 AM, Andyman73 said:

so close you can feel it, but still so far away you can't see it.

Hi Andyman,

I enjoyed your thoughts about a possible end to your EED claim quote above.

So close you can feel it, but still so far away you can't see it.

 

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5 hours ago, Navy4life said:

First off Andyman I am sorry you did not get a favorable decision.  What were the original contentions you filed for again? Why didn't you file for TMJ? Did you not file a claim for MH as primary?  Seems you filed it as secondary.  Are you getting treatment for MH now? Do you have a copy of the C&P exam for the MH claim?  If so, please post here, reacting the personal information.

Me too, Navy4life, me too.  It was denied, and I filed the NOD, got an IMO/IME that was favorable, only to be told that it was still denied, I guess it wasn't for me.  But it did say that what I do have is a symptom of something else, MH, and as such can't be granted as a stand alone SC. Great! But my MH was denied also, so guess SMR entries showing the jaw pain and worn molars weren't in anyway shape or form symptomatic of that. So all that time I was clenching and gritting and grinding my teeth for the last 22 plus years weren't due to the issues that caused my MDD, right?

I was DXd as MDD recurrent back on 06/15, w/SI.  I did file for depression before that, but had no DX at that time.  And certainly didn't think of sending in the MDD DX on that, till just now! My wife is right, I really am .... fill in the blank(she's said them all).

Anyway, I spoke with my VA MH Dr, who DXd me, several months later(therapy is @ every 6 weeks.) asked him if depression is caused by pain. Said yep! So I went with that, since I fell down those stairs on day 5 of boot camp, at the start of my 6yr Marine Corps enlistment. And if you look at any of my past incoherent ramblings, you'll see that the MH examiner opined that a minor leg injury requiring a brace for 8 days can't, in his opinion, lead to depression.  He's right, but I injured both knees, and lower back. Even blacked out momentarily. Went to flight line medical numerous times for pain in knees and back. Developed plantar fasciitis in my L foot also.

Right out of the box I was granted SC for low back pain, painful residuals of L ankle injury, and tinnitus as well.  And a short 2 years later granted the SC for my knees, dated back my EAS.  So there is the VA's own nexus/link of chronic pain to my service. But since the examiner was too illiterate to read my SMR or look and see what my current SCDs were, he decided that my pain was a non-issue.  Instead he said my chronic sleep issues, marriage issues, and legal issues are more likely the cause of my depression. 

Got married 6 months after my EAS. No issues for the first 5 years, till she started getting tired of me being myself. Only legal issues were due to alcohol abuse while on AD.  To which I got an Article 15 for, and 3 weeks outpatient rehab fun.  And sleep issues have been plaguing me since my 2nd year of service.  Which is what really got me drinking.

I did post the exam previously.  My home PC has given up the ghost, so...I will try to see if I can copy and paste from my original posting of said exam.

I know you all say don't give up, but I am so so very close to walking away. I went 15 years without any real attempt for claims because I couldn't face it.

Sigh....

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Andyman;

if you are okay with what you have now then let it go. I feel the same way as you. Whatever is the outcome of this DRO decision I'm done!  You are eligible for MH treatment at this point so that is good right?

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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  • HadIt.com Elder

Don't give up Andy...to much time you been working on your claims...Remember when you win  think about the retro  ...and it could be a very big sizeable amount. & piece of mind.

If I was you I'd get all my medical records together and seek a VA Attorney there are many VA Attorney's that will take your case from NOVA. list.

https://vetadvocates.org/welcome/find-an-attorney/

Get your C-FILE AND ALL YOUR MEDICAL RECORDS DATING BACK TO WHEN YOU FIRST FEEL DOWN THE STAIRS  and let the attorney do all the work, you may need to go for an IMO/IME again  just to confirm your disabilities...You can speak on the phone and let the attorney know about all you know and what has been said  or simply mail all your copies to him/her and all your denials  C&Ps ect,,ect,,

From what gather you need to get away from the VA Doc's and seek private sector

This is a different Baby when we get a Good qualified  VA Experienced Attorney.

Check out Dr Bash & John Dorle They team up for medical and legal matters both are very well experienced in VA Claims as you may well know.....just ask what they would charge you for there help? they may take it on the 20% of your retro  and if they do I'd sure hire them in a New York Minute.

If they seem a little to expensive  then you can get with a NOVA Attorney.

Asknod has his VA Certification now  he is another good one.

The MH that will do your treatment therapy  is wrong about going every 6 weeks   if you feel you need counseling/therapy they can do the therapy 2 x week  once a week or every 2 weeks  depending on how bad you & the therapist need you to do the therapy ?

but getting therapy  is good for you and also they will be more medical in your Notes you can get copies of...any thing that is favorable to your claims  will help you

This is just my opinion and my advice.

 I realize this decision is yours  and I certainly understand if you had your fill with the VA

Good Luck My Friend

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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