Veteran Claim Status Adjudicated Differently

[Sailorman]

I have posted part of this issue before but not in detail. I need additional information, so I’m posting once again. In hopes to get the assistance I need after post more detail. 

Here it goes: I have had numerous claims submitted since being discharged. Let’s say, 5 claims that was submitted soon after I was discharged the VARO failed to properly adjudicate my Theater service in these claims. However, the VARO did, however, adjudicate my Theater service since then correctly.  

My first 5 claims have be in an open appeal   but the issue of Theater service has not been raised thus far at the BVA.  The only issue that have been raise thus far are a higher %. 

What are your thoughts and or opinions? 

 

[Berta]

"I won on the 5 claims the first time at the BVA.  I was granted ED of 8/1987...10% for ankles and 20% for back."

The Gulf War presumptives are here:

https://benefits.va.gov/compensation/claims-postservice-gulfwar.asp

regardless of whether they used GWV regs or even the Chronic Presumptives :

https://community.hadit.com/topic/45692-the-chronic-presumptives-in/

 

That would not impact on your claim for a higher rating- or "increase"

" I’m appealing for an increase and  I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something.  "

Increases in disabiity % relies solely on medical evidence that involves the time frame from the last rating.

I dont even see how the three disabiities you mentioned would even be "presumptive" to the above regulations-

so I assume they were found in your SMRs and on your discharge physical.

" I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something. "

The 'something' could be a CUE in the initial rating.

But that is only a WAG.

 

 

[Sailorman]

Thank you Bertha for your comments above.  That gives me more guidance into how to proceed with my appeal.

 

Im going to just drop the issue about about GWI because I already received my ED.   I will just focus on my medical documentation to increase my disability percentage .  That will make my argument more clearer to the BVA.  

Thank you. 

[Sailorman]

 Berta, I finally find time to upload the documents. As you can see, all claims were adjudicated as wartime veteran except for both ankles and my back claims. Keep in mind, these claims have been in appeals and was a board remand.  I was awarded 20% for my back and 10% for my ankles ED 9/1996.

My issue is, if the RO would have adjudicated my claims properly as wartime service.  The RO would have to strongly consider my disability for SMC air scheduler in 1996. Which they tried to avoid by not claim wartime veteran.  

 

Edited July 3, 2018 by Sailorman

[Berta]

Who prescribed the statin?   VA?

https://www.news-medical.net/news/20170606/Statin-medications-can-cause-necrotizing-myopathy-in-some-patients.aspx

IfV VA prescribed it, you can file a 1151 claim on it. Send them a copy of the above linkk and any other info you can find re: statin causing autoimmne necrotizing myeloma.

There are templates here for Section1151 claims.

If you go to the BVA web site and search their decisions you will see what you need to obtain Fibromyalgia as due to service in South East Asia.

[Sailorman]

No, Bertha My Statin meds were proscribed be provide medical doctors. 

Do you have any suggestions other then searching BVA decisions for my back and ankle claims? Are there’s nothing there, that you know of?

Edited July 1, 2018 by Sailorman

[Berta]

"I was granted ED of 8/1987...10% for ankles and 20% for back. I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something."

If you feel those ratings are too low- (they probably are- as they are from 1996-97)you should consider getting a IMO/IME.

The IMO/IME doctor will need a copy of their C & P exams and a copy of your entire VA and/or private medical records.