posted
Hello, I am new to the post but I have been reading here for months. I filed for C@P a little over 2 years ago. I was first denied after one year on all claims because they could not locate my service med recs. Since then I have seen a private doc and had surgery along with seeing my provider at the VA in primary care along with a specialist in the VA. The private doc states that my knee conditions are related to serving in GW. I have sent in all evidence and wrote to the NARA about my service med recs. They told me that the Dept of Vet's Affairs has them. This is when I got my Fed Rep involved. Received a letter from the RO stating that my records where just released from the privacy act Dept and my case would be decided next. Months went by and I received a SOC with another denial along with a VA form 9. On the SOC it does not mention my service med recs. I completed the va-9 and asked for a local hearing along with my reasons why I thought they were wrong. My question is how long should it take for a hearing with the locals?
[ February 01, 2007, 08:46 PM: Message edited by: vjones3 ]
Posts: 6 | From: North Carolina | Registered: Jan 2007
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posted
I forgot to mention that after all my denials on the SOC, I read the following statement. "Please note we have submitted to the ratings board a separation rating for the following claims under "undiagnosed illnesses", service connection for joint pains,fatique,memory loss. What exactly does this mean? I have read about the presumptive illnesses and the extended period but I do not fully understand. Can somebody help??? Thanks
Posts: 6 | From: North Carolina | Registered: Jan 2007
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Has anyone mentioned Fibromyalgia or Chronic Fatigue Syndrome to you in your examinations?
GW1 Veteran
-------------------- Persistence = successfulness where granted S/C disability claims with the VA are concerned. Posts: 252 | From: USA | Registered: Aug 2005
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No, neither one of these has been mentioned to me in my examinations. I took the Persian Gulf exam in 2003 which listed fatique, depression, joint pains and flat feet as some diagnoses. I have been treated for all conditions with medications at the VA, but all still exists.
Posts: 6 | From: North Carolina | Registered: Jan 2007
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It's hard to say how long it will be before your hearing in your area, but your service officer should be able to tell you.
They have extended the period of time for filing for presumptive conditions (chronic fatigue, fibromyalgia, IBS) through Sept, 2011, which means you have until then to be given an award for those conditions without having to prove your conditions were caused by any one exposure. For now, if you have those conditions and meet eligibility criteria, the VA will presume they are service-connected.
There's a lot of reading, but the best thing I can suggest is to learn what the VA's policies are that pertain to your conditions so that you know if you're receiving the adequate care and treatment for them. Also, you should always know what's in your medical records and also what has been submitted in your claims file. Know exactly what you've filed and make sure you have supporting documentation in your claims file for it because they will only give you a rating for the things you requested consideration for-- nothing more, nothing less.
We're glad to have you on board with us and we wish you luck in the outcome of your claim. Please keep us posted!
-------------------- HONOR OUR VETERANS WITH BETTER CARE AND BENEFITS Posts: 3482 | Registered: Jul 2005
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quote:Originally posted by vjones3: No, neither one of these has been mentioned to me in my examinations. I took the Persian Gulf exam in 2003 which listed fatique, depression, joint pains and flat feet as some diagnoses. I have been treated for all conditions with medications at the VA, but all still exists.
You may want to inquire about Fibromyalgia or Chronic Fatigue syndrome. Fatigue, muscle pain, and joint pain are indicative of both; but Fibromyalgia requires at least 11 of 18 known tender points on the body be present. Otherwise, it could be just Chronic Fatigue Syndrome.
FYI: I won my own appeal of a 20% rating to 40% for Fibromyalgia. And I also won my own appeal separating IBS from my Fibromyalgia rating. Mind you, I am no doctor but I have a pretty good working idea/knowledge of the subject.
Anyhow, point being is that you would stand a better chance of getting an approved rating under a specific (and more appropriate) diagnosis of Fibromyalgia or Chronic Fatigue Syndrome than the mere "undiagnosed illness" category.
-------------------- Persistence = successfulness where granted S/C disability claims with the VA are concerned. Posts: 252 | From: USA | Registered: Aug 2005
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