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appealing denial 3 years later but epecial

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SpcDearman

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Hi all! Long time no type. I was just wondering something.  About 3 years ago i was d3nied for a series of claims.   One being calcium deposits in my lungs. The denial was basically no treatment for issue first seen in militarY. I am now receiving treatment for calcium in my lungs that was first documemted in the military.  The pa did state that there was a nexus but no treatment.  I feel confident on refiling but need some advise on where to begin.  They did me so rottten on the initial that i want to b3 fully loaxed for this battle.  Ask all the questions you need.  Thanks in advance.

 

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What ratable disability do you have due to the calcium?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Using my PC now.  BErta i initially went in for inpingement syndrome on shoulders,  bad knees, and calcified granuloma for the claims.  All were slapped aside except for the lung issue.  As a matter of fact, Carlie even gave me a hint.  She said i would worry about the lung issue first.  Upon denial of the lung condition-- "There is no question of a nexus between the diagnosis and military sevice but there is no record of treatment. Therefore no rating can be applied."  I was so stupid and the examiner put it in plain letters.  Now i am being treated for breathing problems.  They seem to think either Lymphadenopathy or Asthma.  They ruled out sarcoidosis due to me not loosing weight.  I am currently on an inhaler for Preventil and Symbicort.  I have had 3 ct scans and the final one, in november, showed that my lymph nodes are inflamed where the clacified granuloma is.  Keep in mind no entrance exam caught this and it first cropped up in the military at FT. Hood.  The examiner didnt deny this.  They also gave me pneumonia which is also documented.  You guys say never give up.  I didnt and i think ihave made a chink in the VA armor.

 

 

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SpcDearman

Sorry to inform you Carlie Passed away in 2015  due to heart failure.

she is dearly missed.

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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If you are appealing a denial that is three years ago...you will need New and Material evidence to re-open the lung claim.

"There is no question of a nexus between the diagnosis and military sevice but there is no record of treatment. Therefore no rating can be applied." 

Did you have sufficient treatment records after you left service, and prior to this denial, that tyh VA did noy know of or they knew of and obtained them but failed to consider them.

You certainly have treatment records now:

"  Now i am being treated for breathing problems.  They seem to think either Lymphadenopathy or Asthma.  They ruled out sarcoidosis due to me not loosing weight. "

But you need a confirmed diagnosis that would fit into the nexus the VA has already confirmed.

What was the diagnosis the C & P examiner  gave you years ago?

VA does not connect medical dots.Even obvious ones.

They might not even have any C & P doctor with the expertise you need.

Have you ever been privately treated for these conditions?

Boy I sure miss Carlie too.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I have been found to have the enlarged lymph nodes and calcium in my lungs. I had a cat scan recently for the lymph nodes. The pain can be unbearable. But I also have pancreatic disease. On active duty I had pneumonia, and while in the hospital I had growths in my lungs and liquid. But with to many problems and in bva appeals. I cannot start more claims. As it would really screw up my claims at the bva. I cannot find hardly any info on calcium in lungs. I wish I had something to add. Just to say, I will follow and let you know if I find out anything. Good luck. I hope others that have info chime in.

 

Steven

 

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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