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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By Wooderson
I have had plantar fasciitis for several years. I've been service connected (prior to the plantar fasciitis) with both lumbar and cervical degenerative disc, and both knees (instability) at 10%. I believe the issues have changed my gate and a few years ago my feet began to overpronate, which is the same time i started having feet problems. Has anyone seen trying to secondary connect the Plantar Fasciitis to the back and/or knee injuries. I realize a doctor would have to agree and provide evidence, just seeing what you all have seen. Thanks.
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By Wooderson
I recently submitted a supplemental claim for two issues I was previously denied for--and let it go over a year with appealing. I am waiting on a medical report and will be filing a new claim for a new never filed for condition. If I do the new claim now (while the supplemental's are going through the process) will it slow things down...for either claim?
Should I just wait for the decision on the supplemental and then do the new claim? Or does it not matter. Thanks
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By Wooderson
I will try to keep this from getting too confusing.
I claimed and was denied back in 2013 for TMJ and Bruxism. I had NO idea what I was doing and didn’t have any evidence (or even an official diagnosis for that matter). Fast forward to now and I do have a diagnosis for TMJ and severe Bruxism. I have PTSD and cervical spine service connected at 20%. I never even got a C&P exam back in 2013.
When I was still on active duty in 2009 after leaving Iraq I saw a military dentist who stated in my SMR “severe Bruxism”. I was then seen by a VA dentist a few months later who prescribed a night guard for the Bruxism. I was never diagnosed with TMJ on active duty.
Here is the issue. I know I will have to do a supplemental to reopen the previous denials. I have done a ton of research and have numerous medical studies that link Bruxism to TMJ (as both a cause and symptom). Also that the PTSD stress/anxiety can lead to Bruxism which can then cause TMJ. And finally cervical spine issues can cause TMJ (which in turn causes the Bruxism) due to all the muscles and ligaments being connected at the neck and head. My teeth are trashed and flattened down to almost nothing. I’m going to be at probably $8-10,000 out of pocket trying to at least prolong keeping my teeth.
Will the supplement be just a request (with new and relevant information) to reopen? Or will I request to reopen and at the same time submit my evidence and ask for service connection??
Any suggestions would be appreciated. Thanks.
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By ragib
I filed three claims, an increase for tbi, increase for migraine, and a new claim for tdiu. VA.gov shows claim complete and ebenefits show tbi increased from 40 to 50 percent, but nothing on the migraine and tdiu claims. Ebenefit shows no pending claims for claim status. Does this mean that tdiu and migraine increase were denied? Also shows notification being sent.
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By Wooderson
I know this type of question has been asked over and over, but my searches did address some questions i had. Been off active duty for about 9 years and was diagnosed with OSA in 2017 (CPAP prescribed). I would like to attempt to file for the OSA.
I have PTSD, bilateral knee (10% each), and degenerative disc in my back and cervical neck ratings. While on active duty I never received a sleep study, but have a couple of buddy letters attesting to showing symptoms (gasping for air, excessive snoring, etc..) of sleep apnea while on active duty in Iraq.
I do have a memorandum for record from a treating physician who saw me while i was deployed (all SMR were lost/destroyed in country by the military and his letter specifically addresses those facts--this is the same letter I used and that the VA used gaining service connection for my other issues). In the letter the physician specifically stated that he treated me for several issues, including sleep disturbances.
After returning (while out-processing and still on active duty) i was also shown by the VA dentist to have severe bruxism (which the VA themselves have shown to be a symptom of sleep apnea), possibly to the combat stress that caused the PTSD.
So should i file direct service or secondary to PTSD and the knee and back issues. I have gained some weight since coming off active duty due to the fact that I cant workout like before, but I wouldn't say I'm morbidly obese. 6'0", 205. Thanks.
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Post in Higher level review
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I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
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Wooderson 2
I was just seeing if anyone has utilized Dr. Todd Finnerty (Psychologist) for a Nexus letter and if so how things went. Thanks.
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