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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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  • 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
      nervousness.
      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.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
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      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      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
      • 3 replies
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Alpenliter

Effective date questioned

Question

I was recently awarded 100% disability, and the effective date went back to when I first took a stress test to evaluate my heart problems, 12 months earlier.  My question is: while looking at my EKG, both my cardiologist and my primary care provider commented that it showed that I had a heart attack as far back as 2013.  Should I file an appeal as to the effective date using the EKG that clearly states " Inferior infarct (cited on or before 10-May-2013)"?  I don't want to appear greedy, or "rock the boat", but don't want to walk away from money on the table if it's there. Thanking you in advance for any help on this.

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 when did you file your claim? what date was that? they maybe going back to that date?... I smell a low -ball here...Do you know what date they said your EED WAS? And did they say why?

Yes , if I was you I would request they use that 5-10-2013 date as your EED,

medical records don't lie and I don't see how they can get out that one.

guard those medical records with your life...that could very well change your entire life.

and if you had any heart problems before that date  request that date if its on record?   if you have medical documentation  that's the best evidence you can get.

The more years they go back means ching chang ching chang all the way to the Bank.

if you get 4 years retro at 100% S.C. for the first time  no deductions...at around 3,100 month thats a big hunk   just 48 months would be round 148.800.00 retro Plus  more if you add dependents  (children. parent living with you)

I say go for it .

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Also since you were granted 100% for heart problems, if you have any more conditions that can be related to the heart..file secondary  to those conditions....if you can't work because of this 100% S.C. Disability you were just granted  then these secondary conditions after S.C. AND RATED could mean SMC S 1 H.B. (Special Monthly Compensation)for house bound in fact because you can't leave home for work.  that's another almost 347.00/ 400.00 $ with dependents added into your 100% comp.

& That's not being greedy thats taking care of you and your family , the SMC is for that reason.

you served and you deserve.

When you file your NOD Appeal...then submit these medical records and  check on those secondary conditions too  and if you have medical records to support  these conditions  request they give you those too.

Make copies of everything you send the VA and get a sign return receipts from the Post Office. and keep them in a safe place. you can use ebenefits but I recommend you do both.

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Thank you for your quick response Buck.  To answer your questions, I filed my claim for the heart ischemia in January of '17.  They went back to April of 2016, the date of my first stress test as the payment starting date.  I am already receiving the special monthly compensation with housebound benefits effective April 2016.  What method would be best for filing a claim?   Should I use the Notice of Disagreement form or go through my VOS?  Thanks for the tips on sending the forms.  

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Are you an incountry Vietnam vet?

If so did you ever file a past claim for any heart disease?

It seems you didnt- because you had no idea you had heart disease.

"Should I file an appeal as to the effective date using the EKG that clearly states " Inferior infarct (cited on or before 10-May-2013)"? That is a clear indication of some malpractice - if this was done at the VA...

Under Nehmer Footnote one my dead husband ( who died due to ischemic heart disease )- (I had already proven to VA his death was caused by VA malpractice) died in 1994- the  EED of my AO IHD Nehmer  claim went back to 1988- when he too had an EKG that was abnormal  and  revealed he had had that same day a heart attack while at work-at the VA.

They gave him a diagnosis of sinus infection and three days off from work, and he seemed to be in a daze...and started showing symptoms of brain ischemia soon after that , that his autopsy revealed were many  Transcient ischemic brain events until he had a major Stroke.. and then a fatal ischemic heart attack.

You might have the basis for a Section 1151 claim.might-

Did the VA give you any treatment at all after the 2013 cardiac event?

On that day or close to it, were you ever in the VA ER for chest pains or anything?

As Buck said"Yes , if I was you I would request they use that 5-10-2013 date as your EED,

medical records don't lie and I don't see how they can get out that one."

Believe me they will try!

Do you have copies of ALL of your VA medical records?

 

 

 

 

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Ms Berta do you think he has enough evidence to file the 1151?

he is rated at 100% with SMC H.B. 1. Already..not sure when he got theSMC?

But he just was Awarded the 100% 2017  but  they went back to 2016 for EED.

I believe he can get that back to that May 10th 2013 date when the Dr's (two cardiologist mentions he has shown to have a heart attact back then and has the medical records for evidence.

I am not sure how he would go about filing the 1151? you can let him know how to file on that one..I'm not familiar with the 1151 claims at all....but he could NOD that EED Date.

if he was just granted the 100% in 2017 he still has time but really needs to speed it up.

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