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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
      i. Physical exam dated 25 Aug 93 listed headache.
      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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Unique11128

Appealing a Ramp decision to the BVA

Question

I was recently denied in the Ramp HLR. I found the NOD and received a letter from the VBA stating we have received your NOD received and  docketed. There was no docket number meantioned. My Attorney told me that there are 125 appeals to the board from the Ramp and half of them are going to a hearing so because I choose the lane not requesting a hearing I should be high on the list when they began in OCT 1st. Has anyone gotten there actual docket number for Ramp yet?

Will we be in a different docket system from the legacy docket system ?

Unique11128

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Update I filed a appeal to my Ramp (HLR) after being denied in July 18..I recieved a call from the BVA that my Ramp appeal was with a Judge awaiting his/her signature.

I hope and pray it's good news.

Unique11128 

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On 12/11/2018 at 1:52 PM, Unique11128 said:

Update I filed a appeal to my Ramp (HLR) after being denied in July 18..I recieved a call from the BVA that my Ramp appeal was with a Judge awaiting his/her signature.

I hope and pray it's good news.

Unique11128 

Anyword?

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That is great news, not just for you but for the rest of us in appeals!  It sounds like Ramp is working.   No, it wont get you benefits you dont deserve, but, since it takes an average of about 5 years to get to the Board in Legacy appeals, you have cut years off that by opting into RAMP.  

I see the problem is a 5 year wait to get to the BVA..that is unacceptable on many levels.  If RAMP can reduce that by years, then the RAMP program is a success.  

Next month, the VA is scheduled to go RAMP full time, I guess that means for everyone, not just those who have opted into RAMP previously.  

From my view, the RAMP program is a much needed improvement by taking out 2 unnecessary steps:

1.  SOC.  This is useless.  Its "VA's opinion" of your case.  Who cares what VA's opinion is?  What matters is the opinion of the decision maker.  I dont know of a single Vet that derived any benefit from the SOC with the exception that, when VA omitted it, the Vet had a bases for appeal.  

2.  Certification to the BOard.  This, also, is a waste of time.  Why should it take 3 years for the VARO to fill out a form which was mandantory in the legacy appeals?  The certification did not add any evidence..and it, too, seemed to serve no purpose except to delay the appeal.  

      By getting rid of these 2 time wasting steps, Ramp results in speeding up the claim, and no longer gives the VARO excuses to delay our appeal to the BVA.  

      Further, I can see the benefit of the option of HLR or SCL. (higher level review, or supplemental claim lane).  If you have no new evidence, and think the decision maker simply made a mistake (probably by not reading your evidence), then opt for HLR.  However, if you have new evidence, then you want to opt for the SCL.  

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Update I was approved for PTSD at the board i have been placed in a National que Waiting for the rating now. The sleep apnea is remanded even though I provide a private Doctor's Nexus and rationale connecting sleep apnea to Ptsd. There was no mention of the nexus or rationale in the the boards decision. When I called amc I was told there were missed by mistake and now they have me scheduled for a Comp exam with a General MD for the cause this week. Despite them looking in the record and seeing the nexus and rationale was in the file before my appeal went to the BVA basically they missed it. I hope this is not a development to deny

Unique11128 

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Congratulations, on your quick appeal, at least partially successful.  Maybe you should call AMC back, and fax them the precise nexus.  However, remember with OSA, you have to have a doctor state your cpap is "medically necessary".  Even tho this is a stupid rule (What doctor is going to prescribe a cpap or anything else, and say, "No this isnt medically necessary, I prescribed it because I get a bonus kickback from the drug company for every prescription I write.")   

It pretty much goes without saying that your doctor prescribes stuff which he thinks is medically necessary, except maybe stuff like facelifts and cosmetic surgery.  

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    • Mere speculation in your VA C and P exam

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      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • 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
      i. Physical exam dated 25 Aug 93 listed headache.
      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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