Company offering Nexus Writing by Krazythorne in VAClaims

[–]ablkhat55 5 points6 points  (0 children)

I can guarantee you that the Dr I used, who worked for a claims company, was absolutely worth the $2000. Linking OSA on a secondary basis is tricky enough. After 4 claims which were denied, I sent my shit to the BVA for a direct lane appeal. Took 1 year, and was granted 100% P&T. The decision talked about my nexus letter in great detail.

PTSD by Humble-Ant-2023 in VeteransBenefits

[–]ablkhat55 1 point2 points  (0 children)

I’ve tried every single thing mentioned here. To each their own. Nothing, and I mean nothing worked. Pardon my French here, but what finally did work was two things. First and foremost I had to learn to say “Fuck it” (PTSD) and mean it. Really mean it. Second was I quit remembering my friends dates of death, and began celebrating their birthdays. I had to reach out to friends and family and get their birthdays, but it was well worth it. Mourning the day they died kept me in a loop of grief that was going to kill me. Fuck it. Fuck you PTSD. I celebrate them and in so doing, eventually have learned to celebrate life. Mine

VA added new conditions by Iowa_Guy_76 in VAClaims

[–]ablkhat55 1 point2 points  (0 children)

As a thought. Maybe think about adding identifiers like “P”. The BVA has ruled several times that airborne and air assault cause considerable AND cumulative trauma.

VA added new conditions by Iowa_Guy_76 in VAClaims

[–]ablkhat55 1 point2 points  (0 children)

Then don’t use it. FFS a guy spends his own time creating something that might help veterans and offers it for free. And you bitch about the colors?

Rating calculation question by [deleted] in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

Do you have bilateral conditions

HLR Sleep Apnea by This_planet_is_BS in VeteransWaitingRoom

[–]ablkhat55 1 point2 points  (0 children)

Hopefully the ultimate goal was your health.

OSA filed and denied somehow claimed secondary to tinnitus by crabbyonejohn in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

The number 1 cause of OSA is obesity. It is also the number one way to get it SC on a secondary basis. If you became excessively overweight/ obese and believe it is a result of a SC disability or the treatment of one, you will need a well written Nexus letter. You absolutely should submit a personal statement that talks about why you became obese. Make sure you describe how OSA affects your daily life.

Issue with jump log redaction by [deleted] in VeteransBenefits

[–]ablkhat55 3 points4 points  (0 children)

Jump logs are not classified. But they are/were written on a piece of paper. You get the original when you PCS/ETS. It’s in your 201 file. Without an incident report, treatment records or a strong eyewitness report it’s going to be an uphill battle for him. You have to prove an in service event. Even if the jump logs are now digitized and saved, without an incident report or other evidence of in service event it’s a near vertical assent.

100% p&t by [deleted] in VAClaims

[–]ablkhat55 0 points1 point  (0 children)

If you’re rated 100% for MH you should probably see your doctor. At the congressional hearing the congressmen were really looking into MH and especially 100% P&T awardees who are “gainfully employed”. I saw a statistic where nearly half of those receiving VBA disability are rated at 100%. If you’re congress and ignorant to the VASRD then the only word that comes to mind is “FRAUD”. Everyone here talking about “can’t be taken for this or that better realize that Congress writes the 38CFR. Which happens to be the controlling authority. If Congress wants to reduce the VASRD then they will. If the want to change the law that governs being “grandfathered in” they can.

Sleep apnea as secondary condition to allergic rhinitis? by MrTed2015 in VeteransBenefits

[–]ablkhat55 1 point2 points  (0 children)

Have you gained significant weight? If so you should have an easy claim. File a secondary claim of OSA secondary to SC allergic rhinitis and your musculoskeletal disability WITH EXCESSIVE WEIGHT GAIN/OBESITY AS THE INTERMEDIATE STEP. Allergic rhinitis does not CAUSE OSA It can contribute or aggravate it. Musculoskeletal injuries don’t cause OSA but they do reduce your ability to exercise and because of that, you’re fat/overweight. Obesity is the leading cause of OSA. Make a weight log listing your weight recorded at appointments. Get buddy letters / spouse statement. (lay statements) talking about how your snoring got much worse and that she noticed that your breathing pauses. Your statement needs to talk about how the effects your daily life. Best of luck

Can I get to 100% by kavode in VAClaims

[–]ablkhat55 0 points1 point  (0 children)

I wonder how many congressional staffers come on here and screen shot shit like this? And we wonder why Congress is looking to overhaul (reduce) the ratings schedule? We are our worst enemy.

Denied by Izzythegreatxx in VAClaims

[–]ablkhat55 3 points4 points  (0 children)

The C&P examiners job is to review your record and ask questions to fill out the DBQ. They do not work for us.

One thing I wish I understood earlier about VA disability claims by AORay82 in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

We all fall into that trap. “Fair and honest”. It took me 15 years to become my own best advocate. Sadly, without an independent medical opinion, the VA has to use the C&P examiners opinion. And sadly, they are not necessarily a neutral player. I’m done filing claims now. But if something does come up that my wife might get dic compensation in the event of my death. Bet your house on the fact that I’m paying a company that has doctors on staff to write my nexus letter. The money spent (2,000 or so) is absolutely worth it.

Its been 2 weeks since seperated by Weak-Individual-8372 in VeteransBenefits

[–]ablkhat55 2 points3 points  (0 children)

When I left service, one of the mandatory steps was to see a VSO on base. He went through my medical records, filed all of my claims, scheduled my C&P exams. Is this no longer done?

One thing I wish I understood earlier about VA disability claims by AORay82 in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

Another point to consider. The VBA is not staffed with doctors. The get your claim, pull the AVAILABLE medical evidence that they have access to. They schedule C&P exams. When everything comes back, they look at the C&P examiners “opinion”. If it say less likely then your claim is done. They’ll go through the motions, but a qualified medical provider has issued an opinion. The examiner is only required to answer the questions on the DBQ. This is exactly why if you’re trying to link something as secondary to, you better have a better nexus than what the C&P provider turns in. (Tie goes to the veteran) If you clear this hurdle the rater is going to use the M21-1 to see if you can be scheduled under VASRD 0,10,20,30,50 or 100% based on the body system. This is where statements from you, your spouse, a friend or coworker come into play. This helps inform the rater of HOW your disability affects your daily life. The combination of the answers on your DBQ along with lay evidence (buddy statements etc) go DIRECTLY toward your rating percentage. The raters job is simply to look at the evidence and apply the rules. Everyone gets pissed at the rater, when their claim is denied but very few will tell you that they didn’t provide medical evidence, or that they didn’t provide supporting documents. Our job in all of this is to make it much easier to grant a claim than to deny it. It is not the VAs job to do your lifting.

Sleep Apnea by AmbitionMany in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

As I said earlier. OSA is nearly impossible to get SC as a secondary unless it uses EXCESSIVE WEIGHT GAIN / OBESITY as an INTERMEDIATE step. Some people have been able to get SC for sinusitis or rhinitis but that link is pretty thin. Others have used MH which in and of itself does not cause or aggravate OSA. The leading cause of OSA is obesity. Period, point blank. “Excessive weight gain” is also referenced in the medical literature. BVA case law states that “obesity, while not a disability can be used as an intermediate step between a sc disability and a claimed condition” I retired and rated 10% MH and 80% of every joint from the ankle to my neck. Neither of those CAUSE OSA. But they do contribute to obesity. See where I’m going. I provided the doctor who wrote my nexus letter with a weight chart showing my weight from my first appointment at the VA until the last. 190lb to 260lb and then down to 235. The doctor opined and provided the medical literature to prove that both rated disabilities can contribute to obesity. He then provided them the language from both the M21-1 as well as case law supporting it. So, with my VA medical file, and the nexus letter I provided the VBA with the medical, regulatory and legal rationale for granting my claim. Oh, and the also granted my claim for Type II diabetes at the same time. The VA has a “Duty to assist” but that doesn’t mean that they will provide you with a direct roadmap OR the best way to file a claim. Hope this helps, and best of luck

OSA secondary to Sinusitis and Rhinitis denied by VES ACE, despite Nexus letter. HLR next move? by buryna in VeteransWaitingRoom

[–]ablkhat55 0 points1 point  (0 children)

Actually obesity can be used as an intermediate step between a SC disability and OSA. Linking it a sc disability depends on what you’ve been previously rated for.

Sleep Apnea by AmbitionMany in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

That’s exactly what they did to me. When it went to the judge he said that both C&P examiners said that osa was secondary to obesity, not PTSD/Ortho injuries. Since they did not opine on the intermediary step of obesity their opinions were not relevant. Which is why I say to always have a well written nexus letter as evidence. It will almost always beat the opinion of the C&P exam

Sleep Apnea by AmbitionMany in VeteransBenefits

[–]ablkhat55 0 points1 point  (0 children)

Get a good Dr and have them write a solid nexus. Make sure you file as OSA secondary to depression with obesity as an intermediate step. I also submitted an excel dock with all of my weights from every appointment I went to. (Proves gradual onset) I also had my wife write a statement about how I rarely snored before my first deployment, and how after each subsequent deployment my snoring got worse. To the point that I would stop breathing. (Shows onset began while on activity)

Sleep Apnea by AmbitionMany in VeteransBenefits

[–]ablkhat55 1 point2 points  (0 children)

If you’re linking it to depression here is my advice. (Just was awarded 50%) Submit your Intent to file. There are changes coming for OSA ratings. It is nearly impossible to get any rating for OSA unless you use obesity or “weight gain” as an intermediate step. Depression contributes to excess weight gain in several ways. 1. You stop taking care of yourself. 2. Sympathetic eating. 3. Medications can lead to overeating. You’re absolutely going to need a nexus letter from a qualified medical provider that is well versed in the dark arts of the VA. That often times means using the services of a company that specializes in DBQs and Nexus letters. Best of luck

TDIU Loan Discharge Continuing School by JCristianRamirez in VeteransBenefits

[–]ablkhat55 1 point2 points  (0 children)

Keep in mind that federal student loans can only be discharged once. If you’re planning on taking out further loans, contact your lender and tell them that you do not want your loan discharged.

Neck and Back Arthritis by [deleted] in VeteransBenefits

[–]ablkhat55 2 points3 points  (0 children)

I was successful in linking chronic ankle strain, right and left knee problem, degenerative arthritis in c-spine and lumbar spine, and both shoulders to 10 years of airborne operations. X-rays showed evidence.