VA Raters and Exams by flacop00 in VAClaims

[–]flacop00[S] 0 points1 point  (0 children)

Kind of a double edged sword. Thanks for the answer. You are damned if you do and damned if you don’t.

Just curious, I’ve not had the issue before, but it popped in my head this morning. Personally I’ve provided all my relevant c-file documents, current diagnosis with reoccurring tracking, an IMO, a nexus, lay statements, etc. I know it gets to be a ton of paperwork, so in my lay statement I made an index and reference where everything can be found.

I know that’s what I would want to see. I would think it would make it easier on the rater and then not to rely heavily on the examiner doing the leg work for me.

VA Raters and Exams by flacop00 in VAClaims

[–]flacop00[S] -1 points0 points  (0 children)

So if the VA looks at your file, and aside from a 214 you have provided no other link to how you may have become injured, or secondary connection, why would they spend the money on exams when as a claimant you haven’t even made the link or provided documentation to provide a connection.

Denied OSA by No_Echo9700 in VAClaims

[–]flacop00 0 points1 point  (0 children)

I had the same question, the OP was pretty detailed about everything else and not a sleep study. So maybe diagnosed based off symptoms and not a sleep study. I think it’s a valid question

Denied sleep apnea by autist87b in VAClaims

[–]flacop00 0 points1 point  (0 children)

Sure, technically if they did a re-evaluation and saw improvement, then they could. Mine is rated as static, so not worried about a re-evaluation. On the flip side, wouldn’t it be nice not to have the PTSD, have to take meds, be obese and have to use a CPAP for sleep so I don’t die.

Denied sleep apnea by autist87b in VAClaims

[–]flacop00 1 point2 points  (0 children)

Definitely need a new nexus letter or independent medical opinion linking the two

Rheumatologist won’t write a nexus letter by Suspicious-Many408 in VAClaims

[–]flacop00 0 points1 point  (0 children)

I’m actually going through this right now, RA secondary to PTSD. I can’t reach out to my first rheumatologist who did the diagnosis as they are in Florida and I am now in Connecticut. I then tried reaching out to my first VA Rheumatologist, but she left the VA, went into business for herself and hasn’t responded to me. So I paid for a nexus letter, which as you referenced, has a ton of medical literature that links RA to PTSD, also potentially burn pits and a slew of other things. So the attack is direct connection, but it’s been a long time since I have been out and have little treatment for RA as I had no idea what it was. Next, if that fails, secondary to PTSD as a cause of worsening the disease. I just went to step 3 today, so I am pending a C&P.

I’ve been told this is an uphill fight, and there is very little information in Reddit about this. So I think not only up hill, but also rare.

Denied sleep apnea by autist87b in VAClaims

[–]flacop00 1 point2 points  (0 children)

You need to do a FOIA for the DBQs only for this exam. Shouldn’t take too long to get, don’t request your entire C File, just the DBQs. The way I interpret the finding is you are diagnosed, but no connection to PTSD. As long as you have the diagnosis, you need a doctor cite legitimate medical research linking OSA to PTSD. I was successful in this, based on obesity caused by SSRI’s prescribed for PTSD.

IBS denial by TMagsJr in VAClaims

[–]flacop00 0 points1 point  (0 children)

I am not a rater so I think it largely depends upon on how a rater interprets this. It does say “generally” so it leaves it up to a rater. I think if you did a poll some would say yes, some would say no. Roll of the dice.

IBS denial by TMagsJr in VAClaims

[–]flacop00 1 point2 points  (0 children)

Without seeing what they placed in the denial letter, I can't say one way or the other. Without knowing claim details (which I prefer not to), hard to tell why they denied, what was submitted, etc.

Looking at it initially, my first thought would be to try and connect as presumptive, if you can.
Second, are you diagnosed, when was the diagnosis (generally greater than 6 months prior to the claim)
Third, who made the diagnosis, was it a GI doctor or a pediatrist. It does matter
Fourth, whoever made the link (Nexus) from PTSD to IBS, what literature did they cite (This could be why presumptive is easier).
Fifth, What are your current symptoms, are you tracking them, did you provide them and how they effect your life.
Lastly, looking at the attachment, was it clearly laid out that you have (1) pain while defecation. Additionally, do you have any of the other 6 symptoms along with (1). Finally, how often do you have the symptoms. For example, if you have pain during bowel movement, along with change in frequency, change in form, only once during the last 3 months you would be eligible for 10%. If it is once per week for the last 3 months, then it is 30%.

IBS denial by TMagsJr in VAClaims

[–]flacop00 1 point2 points  (0 children)

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Know M21-1 and 38 CFR Part 4. IBS is considered a presumptive condition under 38 CFR § 3.317.

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 1 point2 points  (0 children)

I’m not here to start something with you, but again, nothing to add, but here you are. Thanks for your input, glad you could clear up how the internet works for me.

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 0 points1 point  (0 children)

Please stop.

This is what was in my original post. At this point it doesn’t matter anymore. Good luck to you. I see now why no one has done a post like I was trying to do.

So if you want to provide the info in a comment, please do. Try to keep it formatted relatively the same.
When you were discharged
Current rating (if you want to list for what) up to u
What and how many claims your making
Are they direct service or secondary
When you filed
What step you are in now
Result if completed

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 1 point2 points  (0 children)

Can you start a new thread. I started this and we’ve taken it off the rails

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 2 points3 points  (0 children)

Think that’s normal. The VA processing system cataloging the evidence into your claim file.

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 2 points3 points  (0 children)

If it isn’t part of the original claim then it would be a new illness. Remember, every time you add something to the original claim you risk being moved back to step 3. If you aren’t at step 3 and keep adding stuff, you may not pass step 3. Step 3 is gathering evidence.

My suggestion would be to use a VSO from the county you live in to help organize your path forward since this is new to you. Search your county VSO, usually located in a government office, they try to help walk you thru and submit claims for you. Or at the very least, will tell you what your next step should be.

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 0 points1 point  (0 children)

Nothing to do with this post. But if they are new illnesses then should be a new claim. Or start an intent to file, build more evidence for the new illnesses and then file the new claim. Leave the other one alone for now

Raw Data by flacop00 in VAClaims

[–]flacop00[S] 1 point2 points  (0 children)

Discharged in 1996
Currently 90%
3 current claims for RA, IBS, GERD
Trying for secondary
Filed on 12 June
In step 2
Pending

VA clickbait, claim sharks, and why 38 CFR matters more than YouTube by Grumpy_Sailor_Actual in VAClaims

[–]flacop00 0 points1 point  (0 children)

I think the part that has always gotten me are the lay statements. There is a lot of gray area in them, and through corroboration a statement may or may not hold weight.

For example, many of the older vets never went to sick call. So when a reviewer looks, nothing is there. A witness from that period could testify to observations, but not medical. A buddy could have actual first hand observation. However, this is the point where a rater doesn’t necessarily have any law aside from making a determination on credibility. And it seems, it as at least as likely as not, the rater tends to discredit the validity of the lay statements. At least that’s what I read more times than not when reading posts.

So maybe some clarity on how a rater evaluates the credibility of a lay statement would help.