Update....

[Indy_CV62_OS]

Just found out today that Huntington WV RO has my Remand.  This is good news.  I was hoping to avoid having my Remand going back to Philly.  Anyway, Huntington has already requested a C&P Exam.  I'm going Dec 13th.  Pretty quick.  Huntington did my hearing loss and tinnitus claim.  Claim filed Jul 2019 and Granted Oct 2019.  They seem to be quite efficient.  Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam.  Here's the weird part; the medical exam may not be a Doc.  They told me his first name.  So, my Lawyer wants me to load up my paperwork and bring it with me.

Every time that I read and reread the Remand Order, it clearly sets a very high bar for the VBA.  For my case, it is a minor victory because the Judge ordered that the previous denial be reversed and the claim reopened.  The most important part about this whole process is the amount of research that I had done.  The Judge cited in his Order an article that I had sent to the Board about injuries that occur when a chest tube is inserted.  Also, the Medical articles that I had sent in about Dyspnea and not being able to take a deep breath.  It is so crucial that we get a copy of our C-File and educate ourselves about the process and what we are claiming.

The idea that I had sought out a Medical Opinion on my own, on my dime with my own Pulmonologist, may get me to the finish line with a full Grant.  Even if you have a Lawyer like me or a VSO; leave no stone unturned.  Do your own research and leg work.  I have all of the Federal Codes and all of Ratings criteria.  Never stop.  Never give up.  I will let you all know the outcome of my Remand.

Ray

 

[Indy_CV62_OS]

2 hours ago, vetquest said:

That is good news @Indy_CV62_OS, I remember that you were trying for disability for a collapsed lung and injuries related to a chest tube.  A treated collapsed lung is not a disability.  There are always secondary's to consider and request.

It has always been claimed as collapsed lungs with chest wall defects...since day one.  Yes, a treatable collapsed lung in and of itself, is not disabling, but, if the treating Naval Hospital severed intercostal nerve and tore up rib cartilige, that is disabling.  Chronic pain and splinting; yes but what is really kicking my ass is not being able to take deep breaths.  As my lung doc said, it's mechanical, not so much mental.  Thanks for checking in!!!

[Oceanbound]

On 12/3/2019 at 6:40 AM, Buck52 said:

Our C-file is always the best to check for evidence we don't have   the VA Never lets a Veteran know to request his/her C-file  because 90% of the time it holds our evidence we need to help substantiate  our claim/claims.

(jmo)

I filed for my presumptive and it was denied. Moved on with life and my life fell apart that summer, I got out the year prior. Months ago I hired an IMEO doc (look in the IMO section) and he found that the C&P doctor never signed it, even though she said yes to the GW presumptives, with the many in-service doctor visits over 18 months showing the proof I had it right after I returned from the deployment, and the rater denied it. You can read my story here

[Indy_CV62_OS]

What a GREAT day!!  Had my C&P Exams today at Clarksburg VAMC; first was the PFT and then the medical exam.  The examiner was a physicians assistant.  Great guy.  He was quite animated about my case like "are you shitting me?  why is this case so long?"  Things like that.  He said that the new evidence from my lung doctor and the article I'd sent in about complications from chest tube are solid gold.  He chuckled about the nurse practitioner who did the exam in 2017.  Anyway, he looks at me and says "your lawyer, she's going to get a lot of money" I perked up right away then told him the lawyer is a he.

He filled out the DBQ as Torn Muscles and severed nerves in the left ribcage.  He said that what I had is comparable to a gunshot wound.  He said that every one of these examinations he's done has resulted in the Vet getting SC.  He also flashed the paperwork and he told me that Nashville was assigned my case.  He said that I should be all set in one month!  One more month...after 15 years, finally, I can see light at the end of the tunnel.

The key to my case is that I did my own leg work: got my own lung doc and furnished medical articles and other research papers.  You get out what you put in.  Please, do your Research.  Learn what happened, why, when and how it disables you today.  Tie the two together and you'll prevail.  Yes, it will take time but I must say, I was medically discharged and was supposed to be getting disability since 1986.  In 2005, I filed and I didn't stay on it.  I gave up and those were HUGE mistakes.  Don't be the old me; be the new me.  Thanks to all of you for the support and encouragement!

[Oceanbound]

True.

Nurse practitioners have the attitude of thinking they're doctors. Like, noooo, you are not even close to a MD or physician assistant. 

I'm helping someone right now on getting past the stubbornness of the typical attitude. Dude you got medically discharged for breaking your hip, they owe you this, and you currently seeing a doctor about your migraines, that makes you miss work, you're suppose to be rated at 50%, and something for your hip. So when he will submit his claim for the first time, currently preparing it now, the RO will have no choice to give it him the first time around--because I went though the "bad lands" already. And ready to give them the Mike Tyson TKO of this is a CUE and the writ of mandamus says do your job according to CFR 38 regs, knowing that they will be playing games of DDD deny, delay and dead.

[Oceanbound]

23 hours ago, Indy_CV62_OS said:

 

The key to my case is that I did my own leg work: got my own lung doc and furnished medical articles and other research papers.  You get out what you put in.  Please, do your Research.  Learn what happened, why, when and how it disables you today.  Tie the two together and you'll prevail.  Yes, it will take time

You finally did your "book report." I did what you did 16 years ago too. Turned in a blank generic VA form with my name on it, assuming that was that. Come back less than a year later and get my %, and move on. Nope!! 

Those that are reading this, sign up to this site, donate to it, because YOU just found the strategy guide. 

[Indy_CV62_OS]

46 minutes ago, Oceanbound said:

True.

Nurse practitioners have the attitude of thinking they're doctors. Like, noooo, you are not even close to a MD or physician assistant. 

I'm helping someone right now on getting past the stubbornness of the typical attitude. Dude you got medically discharged for breaking your hip, they owe you this, and you currently seeing a doctor about your migraines, that makes you miss work, you're suppose to be rated at 50%, and something for your hip. So when he will submit his claim for the first time, currently preparing it now, the RO will have no choice to give it him the first time around--because I went though the "bad lands" already. And ready to give them the Mike Tyson TKO of this is a CUE and the writ of mandamus says do your job according to CFR 38 regs, knowing that they will be playing games of DDD deny, delay and dead.

I was medically discharged for the lungs, but, we have to show how that is disabling now.  I'd never get past that until just recently.  I spoke to my lawyer about CUE; it's a bitch to prove and the Writ of Mandamus; the Court is going to want the Veteran to go all the way through the process.  VA Disability is a journey because the Government is broke.  All of the social programs are unfunded.  I wonder how many fraudulent claims there are?  I have learned that there is a path to getting Service Connect and it's a very long wait.  The moment any of us feel like giving up; they win.

I laugh when I watch a VA subcommittee Hearing when one of the people from VA say that the process is non-adversarial.  Gotta love those talking points.  If we knuckle down and we learn how to play in their sandbox, we'll eventually prevail.  To somebody who has yet to file their claim, that might sound rah rah rah, but it's true.  We have to know how it works.  There are videos and books and blogs like Chris Attig's...there are plenty of sources of information and insight.  Hoping your case goes well.  Merry Christmas!