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Jaydog

RAMP DEVELOPMENT

Question

I originally filed my claim 24 August 2014 and the denial came about 15 Sept. 2015. I filed a NOD right away contesting the results. In march of 2018 I got a notice to opt in the the new RAMP program which I did without hesitation. I figured why not i have already been waiting this long and what else could happen. Ill be the guinea pig to see how this works. I have nothing to loose. So a week ago I got a Call from V.E.S. scheduling a new C&P Exam for next week on a Saturday. Needless to say I was quite surprised about this development. I am happy this process is moving forward and I hope the results are positive. Im a little nervous about the exam as well. I will update the progress of this process as it develops..... 

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Good day Jaydog,

 I have been sitting in PDA since December 3 but I have a completion date of Jan 12 2019 do you have a estimated completion date?

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Good Day to you too,

Yes i do have an estimated decision date of 3 march 2019 and mine has been in PDA for a few months actually. It just moved to Prep For Notification with an estimated date of completion 27 Dec - 28 Dec. This info just came in today. I have had mine move back and forth many times before, so I try not to guess any more...The one thing that did happen is they split my appeal into 2 different ones with different dates.... We will see what happens because I have Been In RAMP since March 2018.... 

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I hope I get a Decision Before the new year. I also Noticed That the spelling is wrong and also it states an ( Increase ) for left elbow condition, but I was never service connected for it also it says left wrist sprain----------- ( REOPEN ). Never opened it, so don't understand that. Most of the contentions say ( NEW ), but there are some wording differences between the 1st Appeal and the 2nd Appeal. Just wanted to share this update...

This Is the first Appeal in RAMP

Status of Your Claim

PREPARATION FOR NOTIFICATION

  • Submitted: 03/13/2018 (Appeal)
  • Estimated Completion: 12/27/2018 - 12/28/2018
  •  
  • Disabilities Claimed: Left elbow condition (Increase), Chronic sprain of muscles/tendons of supination & pronation of right forearm (New), Right elbow condition (New), Left wrist sprain (Reopen), Chronic sprin of muscles/tendons of supination & pronation of left forearm (New), Right wrist sprain (New), Depression to include alcohol abuse (New), Bipolat disorder (New), Posttraumatic stress disorder (PTSD) with depression and anxiety with alcohol use disorder (New), Left shoulder strain (New), Right shoulder rotator cuff tear (New), Lumbosacral strain claimed as back condition (New), Cervical intervertebral disc syndrome (New)
This is the 2nd Appeal in RAMP
 
This is the status of the other claim in which they split my original appeal into 2 The strange part is that 2 of the contentions are the same as the one above just different dates. I'm pretty confused on why this was done
 

Status of Your Claim

REVIEW OF EVIDENCE
  • Submitted: 04/17/2018 (Appeal)
  • Estimated Completion: 01/09/2019 - 03/12/2019
  •  
  • Disabilities Claimed: Posttraumatic stress disorder (PTSD) and anxiety with alcohol use disorder (New), Depression to include alcohol abuse (New)

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Keep us posted

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I received an update... They completed one of the claims I received a rating on some, but i am a little confused on one on the PTSD ( in remission ). They did not service connect me for PTSD and that in Remission wording is confusing me.... I still have the one claim open I posted in an above post and will repost at the bottom...

posttraumatic stress disorder with depression and anxiety with alcohol use disorder (in remission)

Not Service Connected-PTSD 

right wrist sprain-Not Service Connected

chronic sprain of muscles/tendons of supination and pronation of right forearm/elbow 10% Service Connected

07/11/2016

chronic sprain of muscles/tendons of supination and pronation of left forearm/elbow 10% Service Connected

07/11/2016

left shoulder strain with rotator cuff tear 20% Service Connected 08/12/2012

left wrist sprain 10% Service Connected 07/11/2016

 

This is the 2nd Appeal in RAMP
 
This is the status of the other claim in which they split my original appeal into 2 The strange part is that 2 of the contentions are the same as the one above just different dates. I'm pretty confused on why this was done
 

Status of Your Claim

REVIEW OF EVIDENCE
  • Submitted: 04/17/2018 (Appeal)
  • Estimated Completion: 01/09/2019 - 03/12/2019
  •  
  • Disabilities Claimed: Posttraumatic stress disorder (PTSD) and anxiety with alcohol use disorder

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
        • Thanks
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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