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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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TJMarine

C&P after a repeal from the board

Question

  Hey I'm new to the forum and really need help trying to understand what my last C&P means for my rating.. I have been waiting on this since 2010 on appeal and finally got a C&P after remand to RO. Can anyone tell me what possible rating I might receive Semper Fi.


                        Neck (Cervical Spine) Conditions
                        Disability Benefits Questionnaire

    
    Is this DBQ being completed in conjunction with a VA 21-2507, C&P
Examination
    Request?
    [X] Yes   [ ] No
   

  

    Evidence Comments:
      BOARD REMAND

    

    1. Diagnosis
    ------------
    Does the Veteran now have or has he/she ever been diagnosed with a cervical
    spine (neck) condition?
    [X] Yes   [ ] No

    Cervical Spine Common Diagnoses:
      No diagnosis provided.

       Diagnosis #1:  CERVICO-OCCIPITAL NEURALGIA
       ICD code:  ==
       Date of diagnosis:  9/28/2015

       Diagnosis #2:  CERVICAL RADICULOPATHY WITH BULGING DISC
       ICD code:  ==
       Date of diagnosis:  2016

       Diagnosis #3:  MECHANICAL CERVICAL PAIN SYNDROME
       ICD code:  ==
       Date of diagnosis:  4/29/2015

       If there are additional diagnoses that pertain to cervical spine (neck)
       conditions, list using above format:
         CERVICAL VERTEBRAE(NECK MUSCLE SPASM), DATE OF DIAGNOSIS, 6/25/1996.
         CERVICAL HERNIATED AND BULGING DISC, MUSCLE SPASM, AND CORD CONTUSION
         WITH COMPRESSION MYELOMALACIA, 8/14/12
         CERVICAL SPONDYLOSIS AND DEGENERATIVE DISC DISEASE, 9/25/2014.
        
         On today's C&P examination, 11/21/17, Veteran reports several incidents
in
       1992-1995 of blunt trauma including carrying 50 caliber machine gun
       barrels and ammunition.  Involved in ground defensive tactic also known
as
       "Bull in the Ring" in which the marine is in full gear and is potentially
       tackled by several marines.  Following this , Veteran incurred
       concussion-1992 or 1993).  Also went to Bethesda for back school(approx.
       week).  Currently, Veteran reports daily neck pain.  Denies neck surgery.
       Denies no recent physical therapy.  Uses Flexeril, Ibuprofen, Oxycodone,
       and Tens unit for pain relief.  Last treated by chiropractor in
2016(Tampa
       Bay, Florida).
      

    b. Dominant hand:
       [ ] Right   [ ] Left   [X] Ambidextrous

    c. Does the Veteran report flare-ups of the cervical spine (neck)?
       [ ] Yes   [X] No
      
  
 d. Does the Veteran report having any functional loss or functional
       impairment of the cervical spine (neck) (regardless of repetitive use)?
       [X] Yes   [ ] No
      
           If yes, document the Veteran's description of functional loss or
           functional impairment in his or her own words:
              Can't do much of any type of physical activity, that's really
              limited.  Obviously a hindrance, job related stuff.  Multiple days
              off from work(pain, stiffness).  Can't do lawn activities.  Can't
              wash dishes.  Can't play with your kids like you want to. 
Sleeping
              is impossible-Sometimes you have to sleep sitting up in a chair.
             
             
    3. Range of motion (ROM) and functional limitations
    ---------------------------------------------------
    a. Initial range of motion
   
       [ ] All Normal
       [X] Abnormal or outside of normal range
       [ ] Unable to test (please explain)
       [ ] Not indicated (please explain)
      
           Forward Flexion (0-45):           0 to 46 degrees
           Extension (0-45):                 0 to 15 degrees
           Right Lateral Flexion (0-45):     0 to 23 degrees
           Left Lateral Flexion (0-45):      0 to 14 degrees
           Right Lateral Rotation (0-80):    0 to 48 degrees
           Left Lateral Rotation (0-80):     0 to 44 degrees

           If abnormal, does the range of motion itself contribute to a
           functional loss? [X] Yes, (please explain)   [ ] No
          
              If yes, please explain:
              Limited bending.
             

       Description of pain (select best response):
         Pain noted on examination and causes functional loss
        
         If noted on examination, which ROM exhibited pain (select all that
         apply)?
           Forward flexion, Extension, Right lateral flexion, Left lateral
           flexion, Right lateral rotation, Left lateral rotation
          
       Is there evidence of pain with weight bearing? [X] Yes   [ ] No
      
       Is there objective evidence of localized tenderness or pain on palpation
       of the joint or associated soft tissue of the cervical spine (neck)?
       [X] Yes   [ ] No
      
          If yes, describe including location, severity and relationship to
          condition(s):
          Tenderness on palpation of the cervical spine.
         
    b. Observed repetitive use
   
       Is the Veteran able to perform repetitive use testing with at least three
       repetitions? [ ] Yes   [X] No
      
          If no, please provide reason:
          Unable to perform due to severe pain.
         

    c. Repeated use over time
   
       Is the Veteran being examined immediately after repetitive use over time?
       [ ] Yes   [X] No
      
           If the examination is not being conducted immediately after
repetitive
           use over time:
           [ ] The examination is medically consistent with the Veteran?s
               statements describing functional loss with repetitive use over
               time.
           [ ] The examination is medically inconsistent with the Veteran?s
               statements describing functional loss with repetitive use over
               time.  Please explain.
           [X] The examination is neither medically consistent nor inconsistent
               with the Veteran?s statements describing functional loss with
               repetitive use over time.
              
       Does pain, weakness, fatigability or incoordination significantly limit
       functional ability with repeated use over a period of time?
       [ ] Yes   [ ] No   [X] Unable to say w/o mere speculation
      
           If unable to say w/o mere speculation, please explain:
           This examiner is unable to opine and would otherwise be speculating
to
           state whether pain, weakness, fatigability, or incoordination could
           significantly limit functional ability during flare-ups, or when the
           joint is used repeatedly over a period of time.  Therefore this
           examiner cannot describe any such additional limitation due to pain,
           weakness, fatigability or incoordination.  Furthermore, such opinion
           is also not feasible to give degrees of additional ROM loss due to
           "pain on use or during flare-ups" without speculation.
          
          

    d. Flare-ups
       Not applicable
      
    e. Guarding and muscle spasm
   
       Does the Veteran have guarding, or muscle spasm of the cervical spine?
       [X] Yes   [ ] No
      
       Muscle spasm
          [X] None
          [ ] Resulting in abnormal gait or abnormal spinal contour
          [ ] Not resulting in abnormal gait or abnormal spinal contour
          [ ] Unable to evaluate, describe below:

       Guarding
          [ ] None
          [ ] Resulting in abnormal gait or abnormal spinal contour
          [X] Not resulting in abnormal gait or abnormal spinal contour
          [ ] Unable to evaluate, describe below:

    f. Additional factors contributing to disability
   
       In addition to those addressed above, are there additional contributing
       factors of disability?  Please select all that apply and describe:
         Less movement than normal due to ankylosis, adhesions, etc.
        
       Please describe:
       Decreased ROM.
      
    4. Muscle strength testing
    --------------------------
    a. Rate strength according to the following scale:
   
       0/5 No muscle movement
       1/5 Palpable or visible muscle contraction, but no joint movement
       2/5 Active movement with gravity eliminated
       3/5 Active movement against gravity
       4/5 Active movement against some resistance
       5/5 Normal strength
      
       Elbow flexion:
         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5
         Left:  [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

       Elbow extension
         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5
         Left:  [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

       Wrist flexion:
         Right: [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5
         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

       Wrist extension:
         Right: [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5
         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

       Finger Flexion:
         Right: [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5
         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

       Finger Abduction
         Right: [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5
         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

    b. Does the Veteran have muscle atrophy?
       [X] Yes   [ ] No
      
       If muscle atrophy is present, indicate location: Upper Arm
      
       Provide measurements in centimeters of normal side and atrophied side,
       measured at maximum muscle bulk:
      
       Normal side: 37.5 cm.
      
       Atrophied side:  36 cm.
      
    5. Reflex exam
    --------------
    Rate deep tendon reflexes (DTRs) according to the following scale:
   
       0  Absent
       1+ Hypoactive
       2+ Normal
       3+ Hyperactive without clonus
       4+ Hyperactive with clonus
      
       Biceps:
         Right: [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+
         Left:  [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+

       Triceps:
         Right: [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+
         Left:  [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+

       Brachioradialis:


         Right: [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+
         Left:  [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+

    6. Sensory exam
    ---------------
    Provide results for sensation to light touch (dermatomes) testing:
   
       Shoulder area (C5):
         Right: [ ] Normal   [X] Decreased   [ ] Absent
         Left:  [ ] Normal   [X] Decreased   [ ] Absent

       Inner/outer forearm (C6/T1):
         Right: [ ] Normal   [X] Decreased   [ ] Absent
         Left:  [ ] Normal   [X] Decreased   [ ] Absent

       Hand/fingers (C6-8):
         Right: [ ] Normal   [X] Decreased   [ ] Absent
         Left:  [ ] Normal   [X] Decreased   [ ] Absent

    7. Radiculopathy
    -----------------
    Does the Veteran have radicular pain or any other signs or symptoms due to
    radiculopathy?
    [X] Yes   [ ] No
   
       If yes, complete the following section:
      
       a. Indicate location and severity of symptoms (check all that apply):
          Constant pain (may be excruciating at times)
           Right upper extremity: [ ] None   [ ] Mild   [X] Moderate   [ ]
Severe
           Left upper extremity:  [ ] None   [ ] Mild   [X] Moderate   [ ]
Severe

          Intermittent pain (usually dull)
           Right upper extremity: [X] None   [ ] Mild   [ ] Moderate   [ ]
Severe
           Left upper extremity:  [X] None   [ ] Mild   [ ] Moderate   [ ]
Severe

          Paresthesias and/or dysesthesias
           Right upper extremity: [ ] None   [ ] Mild   [X] Moderate   [ ]
Severe
           Left upper extremity:  [ ] None   [ ] Mild   [X] Moderate   [ ]
Severe

          Numbness
           Right upper extremity: [ ] None   [ ] Mild   [X] Moderate   [ ]
Severe
           Left upper extremity:  [ ] None   [ ] Mild   [X] Moderate   [ ]
Severe

       b. Does the Veteran have any other signs or symptoms of radiculopathy?
          [ ] Yes   [X] No
         
       c. Indicate nerve roots involved: (check all that apply)
          [X] Involvement of C8/T1 nerve roots (lower radicular group)
              If checked, indicate:  [ ] Right   [ ] Left   [X] Both
             

       d. Indicate severity of radiculopathy and side affected:
          Right: [ ] Not affected   [ ] Mild   [X] Moderate   [ ] Severe
          Left:  [ ] Not affected   [ ] Mild   [X] Moderate   [ ] Severe

    8. Ankylosis
    ------------
    Is there ankylosis of the spine? [ ] Yes   [X] No

    9. Other neurologic abnormalities
    ---------------------------------
    Does the Veteran have any other neurologic abnormalities related to a
    cervical spine (neck) condition (such as bowel or bladder problems due to
    cervical myelopathy)?
    [ ] Yes   [X] No
   
    10. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest
    -----------------------------------------------------------------------
    a. Does the Veteran have IVDS of the cervical spine?
       [X] Yes   [ ] No
      
    b. If yes to question 10a above, has the Veteran had any episodes of acute
       signs and symptoms due to IVDS that required bed rest prescribed by a
       physician and treatment by a physician in the past 12 months?
       [ ] Yes   [X] No
      

    11. Assistive devices
    ---------------------
    a. Does the Veteran use any assistive device(s) as a normal mode of
       locomotion, although occasional locomotion by other methods may be
       possible?
       [ ] Yes   [X] No
      
    b. If the Veteran uses any assistive devices, specify the condition and
       identify the assistive device used for each condition:
       No response provided.
      
    12. Remaining effective function of the extremities
    ----------------------------------------------------
    Due to a cervical spine (neck) condition, is there functional impairment of
    an extremity such that no effective function remains other than that which
    would be equally well served by an amputation with prosthesis? (Functions of
    the upper extremity include grasping, manipulation, etc.; functions of the
    lower extremity include balance and propulsion, etc.)
    [ ] Yes, functioning is so diminished that amputation with prosthesis would
        equally serve the Veteran.
    [X] No
   
    13. Other pertinent physical findings, complications, conditions, signs,
        symptoms and scars
    -----------------------------------------------------------------------
    a. Does the Veteran have any other pertinent physical findings,
       complications, conditions, signs or symptoms related to any conditions
       listed in the Diagnosis Section above?
       [ ] Yes   [X] No
      
    b. Does the Veteran have any scars (surgical or otherwise) related to any
       conditions or to the treatment of any conditions listed in the Diagnosis
       Section above?
       [ ] Yes   [X] No
      
    c. Comments, if any:
       No response provided.
      
    14. Diagnostic testing
    ----------------------
    a. Have imaging studies of the cervical spine been performed and are the
       results available?
       [X] Yes   [ ] No
      
           If yes, is arthritis (degenerative joint disease) documented?
           [X] Yes   [ ] No
          
    b. Does the Veteran have a vertebral fracture with loss of 50 percent or
more
       of height?
       [ ] Yes   [X] No
      
    c. Are there any other significant diagnostic test findings and/or results?
       [X] Yes   [ ] No
      
           If yes, provide type of test or procedure, date and results (brief
           summary):
              9/25/2014,MRI Cervical spine:Visibility of the central canal of
the
              cord at the C5 level with diameter of 2mm, not considered to
              reflect significant syringohydromyelia and not associated with
mass
              or abnormal enhancement.  Spondylosis and degenerative disc
disease
              of the cervical spine.  Right-sided predominant disc osteophyte
              complex at C6-7 causes mild right central canal and moderate right
              neural foraminal stenosis at this level.  No other central canal
              stenosis with milder areas of neural foraminal encroachment
              detailed above.  C2-3:Focal shallow central to right paracentral
              disc protrusion.  No central canal or neural foraminal stenosis.
              C3-4:Mild generalized disc bulge.  Mild right than left neural
              foraminal stenosis with central canal patent.  C6-7:Mild
              generalized disc bulge with more focal disc osteophyte complex in
              the right paracentral, right subarticular, and right lateral
              stations.  C7-T1:Negative for disc herniation.

              8/14/2012, MRI Cervical spine:Herniated disk C3/4, C5/6, and C6/7
              levels.  Bulging disk C2/3 and C4/5 levels.  Diffuse spondylitic
              changes.  Straightened alignment suggesting muscle spasm.  Focal
              area of cord contusion or compression myelomalacia at C5 level.
             
             
    15. Functional impact
    ----------------------
    Does the Veteran's cervical spine (neck) condition impact on his or her
    ability to work?
    [X] Yes   [ ] No
   
        If yes, describe the impact of each of the Veteran's cervical spine
        (neck) conditions, providing one or more examples:
          Veteran is capable of limited lifting, carrying, and bending.
         
         
    16. Remarks, if any:
    --------------------
        NOTE:Veteran performed neck flexion repeition which reduced ROM to
32deg.
         Unable to perform any further repetition for other ROM maneuvers.

       
*************************************************************************
        Additional exam request information:

 

        For any joint condition, examiners should test the contralateral joint,

        unless medically contraindicated, and the examiner should address pain on

        both passive and active motion, and on both weightbearing and non-
        weightbearing.
        In addition to the questions on the DBQ, please respond to
        the following questions:

        1.      Is there evidence of pain on passive range of motion testing?
        YES
        2.      Is there evidence of pain when the joint is used in non-weight
        bearing? YES
       
       


****************************************************************************


                                 Medical Opinion
                        Disability Benefits Questionnaire

    Name of patient/Veteran: 
    ACE and Evidence Review
    -----------------------
    Indicate method used to obtain medical information to complete this
document:
   
    [X] In-person examination
   

    Evidence Review
    ---------------
    Evidence reviewed (check all that apply):
   
    [X] VA e-folder (VBMS or Virtual VA)
    [X] CPRS

    Evidence Comments:
      BOARD REMAND

     

    MEDICAL OPINION SUMMARY
    -----------------------
    RESTATEMENT OF REQUESTED OPINION:

    a. Opinion from general remarks: (a)  Please state all diagnoses as to the
    Veteran's cervical spine, and
    address all diagnoses already of record: herniated disk and bulging disk
    of the cervical spine and spondylitic changes, muscle spasm and
    contusion/compression, spondylosis and degenerative disc disease of the
    cervical spine, mechanical cervical pain syndrome and radiculopathy. 

    (b)  Please provide an opinion as to whether it is at least as likely as
    not (a 50 percent or greater probability) that any diagnosed cervical
    spine disability was caused by or etiologically related to active duty. 
    Please specifically address the back injuries and complaints of back pain
    noted in the STRs.

    (c)  Please specifically address the Veteran's lay statements that he has
    suffered cervical spine pain since service, and that in service he
    suffered injury to his neck while carrying heavy equipment and continuous
    wear of duty gear.

    (d)  Please address the conflicting evidence of record and offer a
    clarifying opinion, notably the February 2013 VA examination positing a
    negative nexus, and the April 2016 private opinion positing a positive
    nexus.


    b. Indicate type of exam for which opinion has been requested: NECK

    TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE
    CONNECTION ]

    a. The condition claimed was at least as likely as not (50% or greater
    probability) incurred in or caused by the claimed in-service injury, event
or
    illness.  

    c. Rationale: Upon review of all available medical evidence, including
eVBMS,
    virtual VA, and Board Remand, the following pertinent information is
obtained
    and reported in 'Evidence Comments': Prior VA Examination, 6/25/96, reports
    Mr. served in the Marine Corps.  he was inducted in 1990 and
    received separation with an honorable discharge in 1996.    Medical History-In 1992, he
    had onset of pain in the neck area diagnosed at Quantico.  Xrays were
    negative.  Impression was muscle spasm and stress. Enlistment RME/RMH for
    national guard, 4/13/98, reported no neck problems and normal exam of the
    spine.  Miami VAMC, Outpatient clinic, 5/6/2005:Assessment is chronic neck
    and low back pain-Will get plain films and MRI, does not want any meds.
    2/28/2013, VA examination opines "Unable to find SMR evidence of significant
    neck injury or complaint in service.  No evidence to support chronicity of
    problem for over 10 years post-discharge."  THIS OPINION IS GIVEN LOW WEIGHT
    BECAUSE IT IS NEITHER SUPPORTED NOR CONSISTENT WITH THE RECORDS IN FILE THAT
    SHOW COMPLAINTS OF NECK PAIN INDICATING A CHRONIC CONDITION.  4/29/15, DBQ
    neck was completed providing a diagnosis of mechanical cervical pain
syndrome
    and radiculopathy. As received 4/8/16, VA physician, ,
    states that the Veteran suffers from cervico-occipital neuralgia and
cervical
    radiculopathy with bulging disc "are as likely as not a direct result of
    blunt trauma received during the patient's military career.  His conditions
    are a severe occupational impairment to the veteran and has been exacerbated
    by many years of continuous wear of duty gear related to his profession." 
On
    today's C&P examination, 11/21/17, Veteran is a credible historian and
    reports several incidents in 1992-1995 of blunt trauma, involving ground
    defensive tactic also known as "Bull in the Ring" in which the marine is in
    full gear and is potentially tackled by several marines.  Following this ,


    Veteran incurred concussion-1992 or 1993).  Veteran also reported chronic
    neck pain during service was due to carrying 50 caliber machine gun barrels
    and ammunition.  He also went to Bethesda for back school(approx. week). 

    In summary, the Veteran has been under chronic medical care for neck pain
    first reported during service(6/25/96) and the condition has progressed from
    cervical muscle spasm to mechanical cervical pain syndrome and
radiculopathy,
    cervical herniated and bulging disc with muscle spasm, cord
    contusion/compression myelomalacia, cervical spondylosis and degenerative
    disc disease, cervico-occipital neuralgia, and cervical radiculopathy with
    bulging disc. A nexus has been established.  Therefore, it is at least as
    likely as not that the claimed condition has direct service connection. 

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That last two sentences appear to say the claimed condition is not direct service connected so my guess is a denial... start looking for direct service medical records or your anything from your service in the marines sick hall paper work anything to start an appeal

Edited by jfrei

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I certainly feel this will be a SC award.

In the topic Schedule of Ratings here, about half way down the scroll, they have DC codes and then rating criteria.

It is often hard for us to determine a rating and give a WAG (wild ass guess) and we never know what VA will do.

Or how long it will take them to do it.

Welcome to hadit Marine.

 

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 Therefore, it is at least as likely as not that the claimed condition has direct service connection.  Sorry scattered thoughts this is a grant service connection but like Berta said its all a guessing game with the raters...

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My opinion, the wording with rationale is not favorable and i am using standard rule of law in medical directory.

My second opinion, C&P exams are "at least as likely as not" in favor of the Veteran. With the evidence in record, you will now have to as a precautionary method- built on whatever you have to support your conditions. You will need to challenge the medical results that don't thread the narrative in a concurrent manner that are consistent with what you claim. You will need to have your Doctors support and if you don't' get another one and you can get another one by request, it's sometimes difficult but you should make that a priority(2nd opinion on scan's) Also make it clear that Veterans have the burden of proof.

My comments are not to be used in anyway to discourage, you like everyone have to fight for your rights to better health care and compensation when the results of your injuries were to no fault of your own.

PS: Make sure you check your medical notes to see what is being said about you and if you disagree, make sure you sound the alarm.

 

Good Luck

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  • Our picks

    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 11 replies
    • In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO
    • My claim went back to gathering of evidence after I had my second c&p exam for tbi initial. My vso the Dav said it was a dbq to differentiate the symptoms of tbi and PTSD as far as social and occupational impairment. I recieved at least as likely as not on all exams, PTSD, both tbi exams. Has anyone experienced this or know what it means? Is this a good sign my claim will be granted ? Thank you.
      • 21 replies
    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      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.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
      • 2 replies
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
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      • 61 replies
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