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RickyDee

Decision regarding entitlements

Question

Vet's I got my decision letter 9 /11/16 on the following and have a few questions as to how to proceed with a NOD but first I wanted to ask; if I get a retirement adjustment, compensation rating adjustment starts from May 1 2016 to present and change from $1680 to $1888; how long do it take to get my retro pay?

 

Now about the decision: I been fighting Fibromyalgia  and CFS for over 5 years now. I've been denied every time. In 2016 my VA provider referred me to a VA Rheumatology doctor for my pains in my back, arm, knees, and shoulder. Before I started seeing this doctor I submitted a claim to cover all the illnesses that fall under GWI thinking because I went to the Gulf 90-91 and have some of the symptoms of GWI it would be approved or at least considered......NOT!

The Fibro (denied - VA said it's not new evidence because it does not establish a fact necessary to substantiate the claim and does not rise a reasonable possibility of substantiating the claim) 

and

CFS (consider reopened- however the evidence continues to show this condition was not incurred in or aggravated by military service) 

 I got denied for both 

Now the question to all is... when I resubmit evidence from what the VA Rheumatology doctor (see results below) what is the most important information to send; history of the previous claims, doctor notes, etc.     

Interval history:

57 y/o AAF with joint pain and positive ANA. The joint pain is located mainly

in his lower back and knees bilaterally. He has received steroid injections

in his knees in the past but these did not help with the pain, therfore he is

not receiving this treatment anymore. He says that whenever he takes aleve

he can sleep better and feels more rested the next day, but he does not want

to take this medication all the time. He did not have any GI symptoms with

it. Overall he feels that his joints are not doing well because of the pain

in his body. He says that he does not feel rested during the day and moving

around has been difficult for him.

He denies rashes, oral ulcers, joint swelling, prolonged am stiffness. He

denies Raynaud's phenomenon. He endorses dry eyes and dry mouth but only in

the mornings whenever he gets off using the CPAP machine.

 

Impression:

57 y/o with polyarthralgias and high positive ANA (1:1280, speckle pattern).

His MSK symptoms suggest OA, especially with his H/O previous trauma and

injury to his joints. He could still have seronegative Sjogren's syndrome. I

think that he has fibromyalgia as a result of OSA combined with chronic pain

from OA. I favor that his inability to wake up feeling rested is aggravating

his symptoms.

 

Need guidance, advice, opinion, anything before leaving the starting gate

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You have a year to submit a NOD from the date on your denial letter.

Rebute this VA Dr

Go get a Private specialist to examine you and ask for his pro opinion  in a letter detail as least as likely as not your disability is caused from your military service  and he needs to state why.   AS Rational  to the contrary 

Submit it as New and Material Evidence  to help substantiate  your claim .

Never send in any evidence that is not favorable to your claim  they will eat you alive if you do that.

Edited by Buck52
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