| You task me, sir. Here is what I do know. Some of your diseases are unfamiliar to me so I will have to pass on them. My forte is the AO group and the Hep secondarys.<<<< Recently filed for S/C for: Chronic Gastroesophagitis, Moderate Chronic Gastritis, Duodenitis and Intestinal Metaplasia. These were submitted on the same SOC.>>>>>As I mentioned, I am unfamiliar with this but here’s the important part that will help you. Regarding claims, do not announce a desire to file a new claim on an SOC or before the BVA in the midst of another claim stream. . Your C file can be accessed by only one examiner at a time. Keep in mind that they have a paper filing system. It will conflusticate the RO beyond belief if you don’t follow the program. VA’s screwed up enough as it is.
<<<<<< Will VA seperate these conditions ? >>>>>
It all depends on how you claimed them. Are they listed as secondary to Hep or another claim you have before the VA or are they stand alone claims?
<<<<<< Is Intestinal Metaplasia linked to AO ?>>>>>>
No. Look up 38CFR 3.307 and 3.309. I don’t see it in there.
<<<<< Is this violating 38CFR 4.14 ? >>>>>>>>>>>
38 CFR part 4.14 is what is known as the pyramiding clause, not to be confused with the Santa clause. Let me give you an example of pyramiding. You cannot claim entitlement to the same symptoms of, say, HCV and cirrhosis. You cannot claim entitlement to PTSD and another personality disorder when the symptoms overlap. You can only be rated on the predominant symptoms of the disease under the proper diagnostic code (D.C.)
Many Vets overwhelm the RO with numerous claims simultaneously. What I have noticed from experience is that the examiner becomes very frustrated and the “I don’t give a $hit syndrome” kicks in. You will often find all the claims in the circular file. My philosophy is one at a time. This is especially true with claims secondary to the big one you seek SC for, like HCV. PN, PCT, DM2, Rheumatoid arthritis and numerous other ailments are related to the HCV but cannot be service connected until the HCV is. Filing them all at one time damages your ability to present them after you’re rated as new and material evidence. <<< Back up and regroup or surge ahead ? Dealer’s choice on that one. >>>>>I’ve said my piece on that.
<<<<< Is there a short version of Extra Schedular that even this jarhead can understand ? >>>
Extra Schedular rating is accomplished by petitioning the VA Director of Compensation and Pension Service. It is not accomplished at the RO level, is not an adjudicative action, per se, and an adverse decision cannot be appealed. ES ratings are reserved for disability scenarios that were never envisioned in a given rating percentage. They require extraordinary circumstances and are very rarely granted. Try the Powerball Lotto. Your odds are much higher there.
<<<<< Filed for Left Shoulder A/C Seperation with Osteoarthritis, VA sent letter stating that they are considering that and Peripheal Neuropathy Left Upper Extremity and then asked for further evidence to substantiate. I did not request S/C for PN. Is this a trick question or do they know something that I don’t ? >>>>
Sometimes you file a claim for something and the Doctors discover it’s something else. By law, they are now required to analyze all facets of a claim regardless of whether you specifically ask for it or not. Thus if you claimed HBV SC and they discover its HCV, they’ll just convert your claim over to the latter. Their theory? No harm, no foul. What did you say or imply that would send them down the PN path? Maybe the HCV? My magic 8 ball says “try again later”.
<<<< When the predominate disability picture is severe, what would be the pathway from this point ?>>>>>
Follow Ground Control’s advice to Major Tom— Take your protein pill and put your helmet on, pilgrim. No, seriously. If your prognosis sucks and the expiration date on your license plate is coming up, you need to take this up a notch. Contact your congressman and lean on his VA liaison gopher hard. The VA process is very slow as if you hadn’t noticed. Don’t gum up your claim with minutiae of smaller claims that don’t produce anything (like hearing or hemorrhoids.) You can also apply for 38 CFR 20.900(c) requesting advancement on the calender for a decision based on either medical or financial hardship. You will have to submit proof to substantiate this, though.
<<<<<< Bi-lateral Hearing Loss( Static ), service connected, rated at 0%, currently appealed, suggested direction from here ?>>>>>>
Here’s the ugly truth about hearing ratings your VSO never tells you. VA is fond of handing out 0% hearing ratings like necklaces at Mardi Gras. Reasoning? They do not start issuing compensable ratings for hearing problems until you are totally deaf in one ear and your hearing starts to impact your enjoyment of a KISS concert. When you have about 80 % speech recognition left in one ear, then you may be eligible for 10-20%. You’re barking up the wrong tree here, sir. There’s no money in it. Withdraw your appeal now and wait until you’re ratable (if ever).
<<<<<< Applied for HepC S/C in 2002, (stage 3),denied. Submitted new evidence stating jet-air innoculators in boot camp and Okinawa prior to deployment to Da Nang. Waiting for initial VA response. Suggestions ? >>>>>>>>>
Are you sure you appealed the 2002 filing? If you submitted new and material evidence rebutting the denial of the 2002 filing within one year and they haven’t responded to it yet, it may be time to file a Writ of Mandamus with the CAVC demanding a decision on your claim. That was eight years ago if you haven’t been counting. VA is notoriously slow, but they are not that slow. If your evidence consists of pictures of you and your buddies in white boxers and t-shirts waiting in line for your jet gun date or internet articles saying its plausible (VA FAST Letter), I have some horrible news for you. Do not hold your breath. The only possible way you can pull the rabbit out of the hat on this is to show a viable risk factor. And by risk factor, I do not mean a history of IV drug abuse in service. If you were in the Marines and you were at Da Nang, smart money says you were out playing Pin the Tail on the Donkey with Charlie around Monkey Mountain or thereabouts. If so, then you were in combat and have what’s known as the 38 USC 1154(b) combat enhancement. If you had contact with other people’s blood or were wounded, your chances of getting SC go way up. If your HCV genotype is 3A, then your claim is already in the bag and you should get that info before the ratings examiner pronto. 3A is indigenous to SEA almost exclusively (Thailand, Laos, Cambodia and RVN or rather the People’s and Jane Fonda’s Democratic Republic of Vietnam). Any tattoos in the Nam? Again, bag ‘em an’ tag ‘em, Gomer. The only viable way to go after a jetgun claim that I can see is to find the guys directly in front of you in all the immunization lines in boot camp orOkinawa. It was done alphabetically so this is not Mission Impossible. Now, if they have the same kind of hep as you (like, say, 1A), then you’ll win without a big fight. Otherwise, I’d have to say that claim, as a stand alone risk based on the jetgun, is DOA. I’m trying not to piss on your parade, sir, but that is the unadulterated truth from what I can ascertain. Unless I have misconstrued some facet of what I have read, I wouldn’t bet on that defense. If you do, then you are going to have to find a doctor and convince him to say that it is “at least as likely as not” that that the jetgun is the culprit. He’ll also have to review all your SMRs, your milrecs, and all your civilian medrecs and rule out any other possibilities and state as much. Pretty tall order.
We hope this clears up any grey areas for you and doesn’t create even more. |
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Veterans Claims Help 