Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Question

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Yes you will find it is.  The VA is not your friend, it will deny you due to sloppy record keeping or just sloppy rating actions.  It looks like it is time for you to go to the BVA.  When you get your SSOC please redact and post it here so people can advise you on the path most beneficial to you.

  • Like 1

Share this post


Link to post
Share on other sites
  • 1

Miken2c74

Welcome to hadit, feel free to ask as many questions as you want/need.

Share this post


Link to post
Share on other sites
  • 0

Roger that ! I have been scanning other Veterans sites and this site by far is the most informative. I enjoy reading the post and usually find a post that peaks my interest. So we see what happens.

When I first filed for SC I had no idea what I was doing but of course just like everyone else I expected I had all the info I needed to prove something. I had put my flat feet as a primary and all other disabilities (knees, back, hips, and a couple others ) secondary to flat feet not knowing that definitely does not fly. So I appealed and and through the process (opting into Ramp and other things) I realized that I had no Nexus and when I finally had a C&P exam Aug 2018, which was very questionable to say the least. I said I have to do something different. So I went to a Dr. Orthopedic Surgeon with the medical opinion in tow (Aug 2018), STRs, post service medical records and medical opinion and asked her to please help me. The Dr helped me she was or still is actually a medical examiner, she did an examination,  medical opinion/Nexus (knees and feet) and she said to me that all your evidence is here why didn't they look.  I said I don't know. She said the only rationale she can come up with is the questionable,  and the only C&P exam in regards to these disabilities was not in my favor. She expressed that it was her job to tear the medical opinion and questionable C&P exam apart and she did with ease because I don't want anything that is not owed to me nothing.

Share this post


Link to post
Share on other sites
  • 0

Have a question.?

The Dr performed my goniometer measurements while I was sitting on the examination table (feet swinging-sedentary position) due to back condition,  so of course measurements start at 90 degrees.

the results were 78 degrees flexion -12 degrees extension (passive ROM 0-86 degrees) how does VA figure this. Any help

Edited by Miken2c74
needed put something in

Share this post


Link to post
Share on other sites
  • 0

So my supplemental claim is in the "Preparation for Decision" and VA.Gov still says Recieved June 11 ridiculous. I have to call the 1-800 to get a status and that how I knew it was in that stage. Interestingly enough I called ebenefits and inquired about why has't my status been updated. The guy on the phone said that VA.gov does have any tech support staff to updates to the system. So I said to him let me get this straight you can file a claim through ebenefits but to check the status you have to go to VA.gov where it may or may not show anything. He said that is correct. I said to him the first thing that comes to mind "that is the most ridiculous rthing I have ever heard in my entire life. he laughed. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • By Miken2c74
      Check this out lease and tell me what u think
       
      Michael A Hunter letter.docx Michael A Hunter letter.docx
    • By Miken2c74
      I have a question and I hope someone chimes in. After talking with DAV yesterday something rung in my ear and I chewed on it for a while actually it kept me up last night (which leads me to this question). The VSO stated that VA gave more probative weight to evidence received from one doctor's office (American Medical Center not a VARO or  government entity) over another because the one in question had access to my C_File and Virtual (VA Records). I know this to be a clear error because this doctor's office is a German doctor's office with English speaking receptionist and doctors, and pay local German taxes. The doctor's office is in business to cater to Americans living and working overseas in Germany and they process the German bills through the patients health insurance not VA. They do not have access to Veterans c-file (sometimes not even then) unless they have a VA initiated C&P exam. I have been to this doctor's office and the service is so lala, I used the medical files(with my personal STRs) from this office in my evidence when I went to the Orthopedic Surgeon and ask her if it was possible for her to perform a thorough exam of my feet and knees. So I believe that this was error in assumption because the name of the doctor's office rendered a out for a possible denial. Is this grounds for a CUE, I am really interested in you guys thoughts.
  • Ads

  • Our picks

    • 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.?
      • 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.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines