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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
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      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.

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Hucast21

Ready to be rated

Question

Hi all,

I called Peggy about my appeal and was told that “your claim is ready to be rated.”

Recently, my lawyer faxed intake my IMO, and was curious if anyone knows the timeframe from “ready to be rated” to a decision.

Thanks,

Hucast21

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Hucast21 Sounds like they are telling you something, doesn't it. Nope. Doesn't mean anything. Not knowing anything at all about your claim, I'd recommend on checking it not more than once a day for a week or two. Then have your attorney check again.I assume he/she has VBMS and can see your file being developed. Or call Peggy once a week. Could be a long time. Sorry

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It simply means that according to VA, they have everything they need to rate your appeal when it's your turn when the judge selects it.  You may or may not have several appeals before yours but after your appeal is decided your lawyer should get a copy of it or they can call to check the status of it.  Of course you should know that your appeal could be granted, denied, partially granted or remanded.  You can IRIS VA and ask them if they have received your IMO.  You may or may not get a response or your response may come after you get your rating but it is something you would have in writing instead of a phone call that no one can remember. I would say you should check back every two weeks to a month.  It may be faster but BVA doesn't move that fast.  Watch I be wrong and you get a call in about two weeks.😃

 

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So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

It was closed on March 25, and va.gov just states claim closed and nothing more.

Hopefully, I get good news.

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Posted (edited)

Update:

My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

I do no understand how the VA can deny service-connection when the evidence is cut and dry.

The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

Migraine headaches are not rated that way, which to me is clearly a CUE.

I just feel so broken.

Edited by Hucast21

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Posted (edited)

Update 2:

Just talked to a representative for my lawyer.

I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

It should not take a veteran to present their case before the BVA to get it right.

It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

Now I know first-hand how most or some of you feel in hadit.

Edited by Hucast21

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      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:

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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
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      g. Physical exam dated 25 Feb 88 listed dizziness.
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