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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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jfrei

AMC denial remand

Question

so I received the AMC denial of my DVTs in service related to my TBI/COMA. I had dx in 2007 mostly and multiple paperwork I submitted in with my claim in the original appeal that remanded this issue to the AMC. I also experience random leg pains and experience times of heaviness in one or the other leg causing me to fall. I've had more recent an MRI of my spine and lumbar which was searching for an answer to the leg issue but found no DVTS again 10 years later. Now I had the past in service dx of my DVTs so how can the RO/AMC deny my claim based on no new dx and not even citing the old dx in there evidence? Do I need to do another Support statement to the BVA directly asking the BVA to reconsider the new AMC denial of the DVTS without reviewing the medical records from 06,07, and 08, I have another motion currently there pending for asking them how did my skull fracture get denied as you called it  a neck disorder and in the denial you said the neck disorder was not caused by the skull fracture, but without ever service connecting the skull fracture? The fight is never ending its been since 2011 that they initially gave  me just 10% before fighting it and now 100% EOD of P and T since 2016. All this stress of getting my EOD of 2016 to 2010 is such a pain in the something, but worth it if it means possibly of it helping out my family with me being denied health insurance from another private company so the basic 10k is it and that wont help my wife and kids afford a decent life if I do go to early.I am not even sure they would get DIC benefits since we got married in 2011 the month after I was completely discharged and both our children are under 4. I had signed the waiver to stop the appeal from waiting 30 days before certifying it to BVA and to send it immediately back to the BVA. And new evidence to be reviewed at the BVA only no RO review, so if I call the BVA status line or IRIS message asking about the old dx can they say if its in my file for the BVA to review? Sorry all the questions and circles just fed up with the VA at times...

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A couple of points.. first if you are rated 100% you are entitled to a waiver of the  premiums for your $10,000 of VA disability insurance ( VA pays for it) , and secondly you are entitled to buy a separate $20,000 disability policy from the VA that you would have to pay for , its not much but it is something. Since you are 100% P&T you children are automatically entitled to chapter 35 education benefits, and you spouse has 10 years usually from the date of  the 100% award was granted.  ( check you award letter to make sure it says P& T, or chapter 35 benefits awarded) As  to the the DVT that was diagnosed in service it doesn't matter  because you must still show that you still have DVT  if you cannot show a more recent diagnoses you will not get service connection. In some instances, while you many have a disease the va may not find it on the initial c/p exam, and they will deny service connection. In such cases the veteran has to prove that the disease or condition still exist, buy receiving treatment within the first year of discharge or some other way. DVT is a blood clot issue, and it does go away within weeks or months without any significant problems I doubt you will get a rating for it.

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What did the denial say?

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As far as the skull fracture is considered it was denied they said that my medical evidence from 2006 2007 was incorrect and their doctors review the X-rays and cat scans and it was their opinion I didn’t have a f,  even though multiple doctors opinions said other wise. I have had just this year a doctor opinion my migraines which is already service connected to causing my headaches funny all the work they do for my headaches I still get weekly not daily now is rated a 0%.As far as DVT being denied they said just because I have pain in my legs still and the doctors have suggested residuals from my bilateral DVTs the RO says it could be a neck disorder which then they denied saying my neck disorder wasn’t caused by my skull fracture so they denied it before my skull fracture was ever service connected. This storm is all over the place they say it happened in service not causing a neck disorder but deny it saying they argue with the doctors from a decade again then approve a choice doctor to care for my migraines saying yes it could be they have lasted this long to to the fracture leaving residuals...

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On 7/14/2018 at 9:59 AM, Richard1954 said:

A couple of points.. first if you are rated 100% you are entitled to a waiver of the  premiums for your $10,000 of VA disability insurance ( VA pays for it) , and secondly you are entitled to buy a separate $20,000 disability policy from the VA that you would have to pay for , its not much but it is something. Since you are 100% P&T you children are automatically entitled to chapter 35 education benefits, and you spouse has 10 years usually from the date of  the 100% award was granted.  ( check you award letter to make sure it says P& T, or chapter 35 benefits awarded) As  to the the DVT that was diagnosed in service it doesn't matter  because you must still show that you still have DVT  if you cannot show a more recent diagnoses you will not get service connection. In some instances, while you many have a disease the va may not find it on the initial c/p exam, and they will deny service connection. In such cases the veteran has to prove that the disease or condition still exist, buy receiving treatment within the first year of discharge or some other way. DVT is a blood clot issue, and it does go away within weeks or months without any significant problems I doubt you will get a rating for it.

As for the skull fracture it was never service connected but remanded just my migraines were.  I have been getting treatment for my migraines which was service connected in 2010 at 0% even though I received treatment for them 2010 to present day. The cause of the migraines va  and choice doctors now say it could be a residual from the skull fracture at the base of my skull at the clivus that or my diffuse axonal tbi cannot seperate the two. Spontaneously my skull dc healed after a month from dec 29 2006 to Jan 21 2007 but the Va doctors for the BVA or RO looked into my old X-rays or catscan and said the skull fracture never existed in 2017.Then a choice doctor this year said it did happen and started me on Nadolol saying the skull fracture could be the cause of it.Not sure if its considered pyramiding, since the skull fracture is a cause of the service connected migraines at 0%. 

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What if I file an increase and at the new c and P I ask the doctor if he can state the skull fx as a cause to my migraines or not? Is that evidence the board could use to grant service connected and or lump in with my migraines properly so as not to be considered pyramiding like my  PTSD and TBI, failed to separate. Three years of trying I gave up.,.

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