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I'm a Gulf War veteran with 90% S/C for various conditions. Some conditions that have been denied have been frustrating since I'm still suffering with symptoms. How can I create a Nexus for sinusitis and sleep apnea? I'm 30% for asthma and tried to create a relation between sleep apnea and asthma, but that was a no go. I was thinking trying again and tying my PTSD to that. Any thoughts?
I was also shot down on sinusitis from the get go, but I thought all I had to do was tie my gulf war time to that condition. I guess I was wrong.
By Victor Ray
DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization.
Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury.
Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week.
The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then.
This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you!
I filed my first claim and recently received va decision. 10% awarded for tinnitus, sleep apnea denied, wrist tenosynovitis denied, and hearing loss denied. I have county VSO but I know they are very busy and want to put paperwork in good order before I file the NOD with them. I was only given audio exam from VA but no other exam.
I retired from the Air National Guard and have twenty years of service. The service history is convoluted but I have all the records involved 3 DD214's (Active Duty Army and Air Force), Title 10 orders for (Air Guard), and NGB22 (Air Guard and Army Guard). My career was Infantry to start and Flightline Avionics for the latter part. I have my Air Force medical records. What I don't have is my Army medical records covering Active Duty Army (including initial entrance exam) and Army National Guard. Somehow Army records never crossed over into the Air Force but I located (after many requests) the records in MO and have requested 8 months ago. The recently confirmed that received the request but said it would be about 2 more months...I was not able to provide any Army medial records with my initial claim. I have request my C-file last week by fax and certified mail so hopefully I will receive soon. Just wondering what else I should be doing while I wait for those records to show up.
Sleep apnea: The denial letter stating the sleep study date was wrong, I had it 10 years previous to the date they mentioned. So I figure I would point that out first thing. Also believe I will have evidence in Army medical records to back up the claim but there is the waiting game.
Wrist Tenosynovitis: For this I have complaints on webHA and civilian medical records but it was aggravated by fall from helicopter. Stupidly I did not file an incident report, wrist hurt but also was embarrassed and just want to "shrug it off". I did have witness and maybe I could get lay statements....but this was also preexisting condition, but also aggravated by regular flightline work.
Hearing Loss: I was told that I that I have left ear hearing loss but i didn't show service connection. I remember being told by Army medical on exam that I had hearing loss related to gunfire and that "I would want to keep these records.". I was very young at the time and was ignored it but now those are the records in MO that I am waiting on.
I was also recently diagnosed with severe and recurring depression and prescribed medication and have long history of diagnosed sleep disorder and medication. I don't know weather to purse these as separate claims or as part of sleep apnea, which are symptoms.
I do qualify for both gulf war exam and burn pit registry exam due to Kuwait deployment I and am wondering what the difference between those two are and if they are worth pursuing? I had throat surgery for diverticulum and diagnosed with barretts esophagus that could be related as well as forest fires in Idaho (Army) as well as fires during LA riots (Army Guard) and breathed in massive amounts of dust driving personal carrier in Mohave desert during 4 Ft. Irwin rotations.
Once all my C-file and Army medical records show up I was considering going to the Ellis Clinic for exam and report to file with NOD...I figure I could fly out and pay for exam less than $1000 and was wondering if anybody else thought it was worth it?
Sorry, that is a lot info to throw out there but I'm trying to figure my way through this claim process and would just appreciate any advice form the community.
I filed for gulf war conditions not really talking to the DAV or other organizations. They have denied all my conditions which have been diagnosed by VA as well which was as early as 2012. Two questions I wanted to ask was :
1. Whether I should file NOD for these conditions?
2. Will I be able to apply for these conditions not using assumed gulf war conditions as they have been diagnosed and not an unexplained illness or condition?
Adjustment Disorder with Mixed Anxiety and Depressed Mood
I was diagnosed with this condition in 2016
Mental Disorder Diagnosis #1: Adjustment Disorder with Mixed Anxiety and
ICD code: 309.28(F43.23)
There are few others where I was diagnosed with Allergic rhinitis (Icd-9-cm 477.9) in 2012.
Diagnosis: Tinea versicolor
ICD code: B36.0 Date of diagnosis: 2010
I was also treated for it on 2005 but I didn't follow up.
Basically VA is saying that I do not have any service connection.
Please advise how I should proceed with this. Thank you
Am I the ONLY ONE OUTRAGED by this prejudiced, stigmatizing, doubled standard *%#! calling VETERANS drug addicts!! That is exactly what is happening here! Oh, Holy Mother of God! How are you all not speaking out about this injustice? We have bore the Injuries on the Battlefields resulting in lifetime injuries of pain and suffering to our Knees, from jumping out of planes, boats, trucks, helicopters; to our Necks and Spines from carrying the loads not meant for the human body; suffered the TBIs -with constant migraines....these are but a few that are DENIED their CHRONIC PAIN MEDS by the very Doctors in Chronic Pain Clinics by Anesthesiologists that receive their training from the Prestigious State of Art Pioneering STANFORD UNIVERSITY in CALIFORNIA who just released "National Pain Study" in clinicalpainadvisor.com, dated 5/27/16 - Where Sean Mackey, MD, PhD, Stanford Pain Management Center at Stanford University evaluated 5,300 Chronic Low Back individuals, "Do opioids make a difference to patients with Chronic Pain? The Answer was, YES!"
When I presented this STUDY TO MY GMC. - She threw Secretary McDonald's Letter at me, dated 8/1/16 (yet C-SPAN didn't air until 8/12/16) and said, we are VA- not Stanford. Although, Stanford Residents and Surgeons, fill VA Hospitals to gain their experience, practicing on Veterans before they leave to get "real jobs."
I have been a Successful, Functional, less Painful with my Significant Back Injury w Sciatica for over 10 years and now being told there will be no Opiates for Vets. I say to Secretary McDonald, it seems YOU want all Disabled Veterans to go to the Streets to find alternative pain medication. That seems to be CONGRESSES ANSWER TO VETERANS SINCE AGENT ORANGE and the Viet Nam War-altho it still has never been declared a WAR!!
We need to Stop this AND STAND UNITED! Disabled Veterans are NOT Drug Addicts, we have fought the fight once, we should not have to endure another battlefield for the respect we have already earned. God Bless America! God Bless our Veterans still Fighting the Good Fight
JKWilliamsSr posted a question in VA Disability Compensation Benefits Claims Research Forum,A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran.
One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal background. They do not need to be lawyers but I think paralegals would be a good idea.
There have been more than 3500 precedent setting decisions from the CAVC since 1989. Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.
The document I created has about 200 or so decisions cited in the M21-1. Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims. Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why. Most of these decision are not cited by the M21.
It is important that we do our due diligence to make sure we do not get screwed. I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve
M21-1 Precedent setting decisions .docx
ADAMS posted a question in VA Disability Compensation Benefits Claims Research Forum,Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.
Thank you for your support
70%&sfsystem posted an answer to a question,OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80%
I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.
VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf
C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf