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    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

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    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?

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    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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    • 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
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      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.
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      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
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      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
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jimbostaken

Does new info shove you to the back of the line?

Question

In July of '15, I appealed a denial of service connection for a R shoulder condition. I submitted actual copies of a shoulder injury from my Navy medical record, along with evidence of surgeries in 200 and 2015 done by non-VA doctors. At the same time, I filed for an increase in my cervical spine condition. Of course, nothing has happened yet, but it appears that the VA has lumped the two together as one "appeal." I submitted the paperwork under the direction of my NSO.

I'm sure this question has been addressed here periodically, but I'd like a fresh opinion:
 As time goes by, I continue to be treated, tested, injected, etc. for both of these conditions; they are getting worse and worse and the NSO is encouraging me to go for and IU claim, but I still want to try to work. Also recently lost my wife to cancer so i'm the only income anymore. I've been told that submitting additional evidence causes your claim or appeal to go back to the beginning of the process. Is this true?

Also, does the VA, when they do get around to looking at my appeal, automatically go through my record and look for information pertaining to my claim? I began using the VA system exclusively last fall, so the new information should be readily at hand. Do I have to go through and pick it out and submit it to them as supporting documentation, or will they find it on their own? If I need to submit, then it goes back to my question above; am I just moving my appeal father away from being considered?

Aside from that, I recently got a favorable 10% for tinnitus. I was already at 90% and the new award doesn't push me to 100, but i guess it always helps to document it.

Considering a subscription - these ads are a killer and make using the site a lot more confusing to me. Thanks for all the work you do, all of you!

Jim

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As time goes by the new information does not push your case back to the end of the line.  It is the docket number that decides when your case appears before a law judge.  My case had a new contention added to it that was denied outright.  An IMO that was provided years later was considered in my decision.  Your date of effect of that later added information may be later but the case is not stalled.

As for the VA gathering information from your record, they are supposed to.  They have the duty to assist.  If you have civilian medical information be sure to add that too.

If you are at 90% asking for 100% is not wrong but you should also consider IU.  You may want to continue working but how effective are you in your employment?  I had a lot of thoughts about never working again wondering if my children would think less of me but I did file for IU eventually.  Always remember you earned these benefits by your service to your country and your injuries.

 

Edited by vetquest

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If your appeal is at BVA level or higher, the docket numbers would apply. At VARO level, I believe they go by claim date.

Good luck!

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As always, more info regarding the type of Appeal (RO Review, DRO Review, DRO Hearing or BVA) would be very helpful.

All VA Appeals are 1st come - 1st served, unless a Vet has a "Hardship Advancement." All post Appeal Filing submissions of New & Material Evidence must be reviewed by the RO Rating Dept with an eye toward a possible Award, thus adding what could be significant additional wait time.

An Appeal can't be Certified as Complete by the RO to the BVA, if recently received N & M Evidence has not been addressed by the RO Rating Dept.

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