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    #31
    VA Disability Help

    Department of Veterans Affairs
    1240 E Ninth St
    Cleveland Ohio 44199

    File Number 305-64-4180
    Payee NO.00
    C S LAVAL


    “Cleveland Regional Office of the U.S. Department of Veterans Affairs is one of the slowest in the nation” Nesnet5

    My VA Disability claim is 201 days old. The VA is now waiting for my personal trauma records from NPRC - VA dated August 22 2013. 24 weeks and counting. I filed for Multiple sclerosis and NOT PERSONAL TRAUMA. MS has nothing to due with personal trauma!!!! Incompetence!! I provided the VA my DD214, all of my personal medical records and my 1st MRI. I was diagnosed with MS in 1996 and honorable discharged in 1991 - 6 years after leaving the service. I have had MS for over 18 years and this is the first time I have asked for benefits. It appears that someone in the VA Center Cleveland Ohio saw my MS claim as an MST (Military Sexual Trauma) claim. This is incorrect.

    The VA - "If an individual had symptoms of MS in the military, or within seven years after honorable discharge, he or she may be eligible for service-connected disability.

    http://www.va.gov/MS/multiple-sclerosis-veterans-benefits.asp"


    The VA details "Service-Connected Benefits for Multiple Sclerosis (MS): MS is a presumptive condition and benefits are based on the presumption that the disability is service-connected (SC). Veterans with symptoms of MS in the military or within seven years after honorable discharge may be eligible for SC disability.

    http://www.va.gov/MS/articles/What_Are_My_VA_Benefits_for_Multiple_Sclerosis.asp "

    eBenefits is not updated
    What Do We Still Need From You? Your Attention is Needed
    Your Authorization and Consent to Release Information to the VA from did not contain an address or contained an incorrect address. Please tell us the address of , so we can request medical information. You may want to obtain and send us the information yourself.
Date Requested: 11/18/2013
    Due Date: 12/19/2013

    
For now, we are waiting for your response to this letter. What we need from you is outlined in the section below. When we receive your response, we can take further action on your claim.
Date Requested: 11/18/2013
    Due Date: 12/19/2013

    What Do We Still Need From Others?
    This is a list of all items that have been requested from 3rd parties.
    Items From Date Requested Due Date Follow-Up Dates
    Requested service treatment records. 08/03/2013 09/02/2013
    Requested entire service personnel file. 08/03/2013 09/02/2013


    According to eBenefits nothing has been accomplished with my claim even though you letter dated Jan 21 2014 states “We are still processing your application for COMPENSATION.” Requested information is all past due. I have uploaded all necessary information to eBenefits and you have received all information from NPRC except “Personal Trauma” records


    Your attention to this matter is greatly appreciated.

    Comment


      #32
      VA Problems

      So my first MS problems happened when I went to the ER and I was diagnosed there by the doctor having chest wall pain. This was within my 7 years. The next time I had the same problems which ended up being MS after the ER doc said you need to go to see a neuro. So I was officially diagnosed 8 years after even though I had the exact same symptoms at year 7. So now they wont accept my claim. So very nice of them.

      Comment


        #33
        Originally posted by clay_07 View Post
        So my first MS problems happened when I went to the ER and I was diagnosed there by the doctor having chest wall pain. This was within my 7 years. The next time I had the same problems which ended up being MS after the ER doc said you need to go to see a neuro. So I was officially diagnosed 8 years after even though I had the exact same symptoms at year 7. So now they wont accept my claim. So very nice of them.
        Clay - the best way I know to combat this is to obtain a nexus statement from a neurologist. The neurologist will basically attest that the onset of MS began while on active-duty or during the 7-year discharge period. If you are not working with a VSO, I would suggest you calling the DAV or PVA in your area asd ask them to assist you. There are also a variety of veterans' websites that can help you.Neurologists are notoriously busy so the more help you can provide the better the results normally are.

        Comment


          #34
          Sounds about right(VA dragging it out)

          Originally posted by craiglavallee View Post
          Department of Veterans Affairs
          1240 E Ninth St
          Cleveland Ohio 44199

          File Number 305-64-4180
          Payee NO.00
          C S LAVAL


          “Cleveland Regional Office of the U.S. Department of Veterans Affairs is one of the slowest in the nation” Nesnet5

          My VA Disability claim is 201 days old. The VA is now waiting for my personal trauma records from NPRC - VA dated August 22 2013. 24 weeks and counting. I filed for Multiple sclerosis and NOT PERSONAL TRAUMA. MS has nothing to due with personal trauma!!!! Incompetence!! I provided the VA my DD214, all of my personal medical records and my 1st MRI. I was diagnosed with MS in 1996 and honorable discharged in 1991 - 6 years after leaving the service. I have had MS for over 18 years and this is the first time I have asked for benefits. It appears that someone in the VA Center Cleveland Ohio saw my MS claim as an MST (Military Sexual Trauma) claim. This is incorrect.

          The VA - "If an individual had symptoms of MS in the military, or within seven years after honorable discharge, he or she may be eligible for service-connected disability.

          http://www.va.gov/MS/multiple-sclerosis-veterans-benefits.asp"


          The VA details "Service-Connected Benefits for Multiple Sclerosis (MS): MS is a presumptive condition and benefits are based on the presumption that the disability is service-connected (SC). Veterans with symptoms of MS in the military or within seven years after honorable discharge may be eligible for SC disability.

          http://www.va.gov/MS/articles/What_Are_My_VA_Benefits_for_Multiple_Sclerosis.asp "

          eBenefits is not updated
          What Do We Still Need From You? Your Attention is Needed
          Your Authorization and Consent to Release Information to the VA from did not contain an address or contained an incorrect address. Please tell us the address of , so we can request medical information. You may want to obtain and send us the information yourself.
Date Requested: 11/18/2013
          Due Date: 12/19/2013

          
For now, we are waiting for your response to this letter. What we need from you is outlined in the section below. When we receive your response, we can take further action on your claim.
Date Requested: 11/18/2013
          Due Date: 12/19/2013

          What Do We Still Need From Others?
          This is a list of all items that have been requested from 3rd parties.
          Items From Date Requested Due Date Follow-Up Dates
          Requested service treatment records. 08/03/2013 09/02/2013
          Requested entire service personnel file. 08/03/2013 09/02/2013


          According to eBenefits nothing has been accomplished with my claim even though you letter dated Jan 21 2014 states “We are still processing your application for COMPENSATION.” Requested information is all past due. I have uploaded all necessary information to eBenefits and you have received all information from NPRC except “Personal Trauma” records


          Your attention to this matter is greatly appreciated.
          Get a hold of Paralyzed Veterans of America and speak with a Veterans Service Officer. You don't need to be in a wheelchair for them to represent you. It costs nothing and they're friggin' pitbull tenacious with their members claims with the VA.

          Been where you are now. Took me 7 years of denials and appeals before I was pointed to the PVA. All the records I had to compile and had submitted to VA I made copies of at home including MRI films. When my service officer in Buffalo, NY got a hold of the stuff, it took him less than a year to push it through. I recieved a service connected disability rating of 30%+50% for secondary conditions related to the MS. I know the numbers add up to 80 but VA has in their legalese and fine print a way to only grant 70%! Go figure.
          I did receive compensation dating back to my second denial and appeal. Fighting to get it back to my first claim date seemed exhausting to me so I've left it at that.

          Good luck!

          Comment


            #35
            Secondary Conditions for MS

            Is there an official list of secondary conditions with MS from the VA? If so, what are the secondary disabilities.

            I met with my VSO today and we filed all of the forms. I have MS and was dx 5 years after discharge. Luckily, I had great neurologists and Family doctors and I have very meticulous records from the start of my symptoms (which were 2 years after discharge) all the way to the dx date (5 years after).

            The VSO said it was the best set of records he had seen in 20 years. Had an executive summary and tabs in the records for important dates, etc.

            In addition to MS, I have also been placed on medication for memory issues and fatigue. My outer thighs are now completely numb. Since my dx, I have had memory issues, inability to focus on multi tasks, fatigue. These have gradually impacted me over the last 5 years.

            My VSO told me to understand the secondary conditions and where they are located. When I am seen by a VA neurologist, he told me to make sure I talk in detail about these issues. They have also been documented by my civilian Neurologist.

            Any help would be greatly Appreciated!!!

            Thanks

            Comment


              #36
              The current discharge period for MS is 7-years post-discharge. So provided your MS was 10% disabling within 7 years of discharge it should be considered service connected. I would like to caution you that because something "should be" or because it's in the law that the VA is bound by it. The VA can rate your MS from not service connected to 100% disabling and you can only appeal decisions you disagree with. The base disability rate for MS is 30% not considering secondary conditions.

              If you filed a fully developed claim the VA can authorize up to 12 months of back pay (only on your initial claim). A fully developed claim can also reduce your claim time by months because they are supposed to be worked in the priority stack -and- there should be little to no discovery or correspondence period.

              The VA will review your claim for completeness and request anything missing. After a few months, the VA will generally schedule you for C&P exams. The C&P exams is where the VA validates your claim to ensure you are not "faking." The C&P examiner will evaluate what is and is not related to MS. For example, if you are claiming leg weakness the VA will ask the C&P examiner to consider that. If your neurologist completes a DBQ for MS, they too have an opportunity to list related ailments. Both are considered medical opinions that the rating officer will use to make their decisions. The VA will most likely perform a separate mental health review to determine what, if any, impact MS is having on your cognitive abilities. Once your records are complete, the C&P exam(s) are done the VA will again look at your record to ensure a rating can be conducted. A rater will eventually get a completed file and determine what, if any, service connected disabilities exist and what rating they will assign. Again, this could be accurate or insanity and you have the opportunity to file a Notice of Disagreement and then an appeal. Appeals can literally add years to your claim so it's good that your records were current and complete.

              That's the basics. If you have specific questions please let me know.

              Comment


                #37
                Thanks Marco

                Thanks Marco for the help. I believe all of the documentation is there for 30%. Pretty cut and dry with dates, diagnosis, etc and it is clearly within the 7 year limit. The questions I am trying to find regard the secondary conditions. I have a few that I am on medication for in addition to the rebif I take 3X/week. I reviewed the calculator on how the VA determines the disability rating. Confident about the 30%. But with cognitive issues and numbness that is constant, I was wondering how they will assess those. I know I am months away from seeing anyone since it was filed last week. The VSO did say that he was going to fast track since all of the records were there.

                Comment


                  #38
                  Please excuse me for missing an earlier opportunity to thank you for your service.

                  There's almost no way to guess what the VA will do with secondary conditions. I would suggest you go to the veteran forums on website Yuku and see the madness that is the VA. The Yuku folks live for this type of question so you might be better served there. The American Legion puts the VA disability claims error rate over 50%. The best thing you can do is continue to maintain your records, so you can appeal any decision you disagree with. I would suggest you keep a list of symptoms so you can share that during the C&P exam. I wish I could be of more help. Godspeed...

                  Comment


                    #39
                    Thank You.. One more question

                    So, if you filed a fully developed claim, the VA can authorize up to 12 months back pay? Did not know that, but my VSO (DAV) probably knows this. I just received a letter today saying that as claim was filed and the claim had the following: all medical records, DD214, VA forms. There was nothing else to do, so I hope that is considered a fully developed claim. My VSO said that since I had all of the documentation, that it was going to be fast tracked. Crossing my fingers on the 12 month back pay. VSO was confident in 30%, but thought I would probably have two secondary conditions (permanent numbness) and (cognitive issues that I am on meds for) that would be rated at 10% each, based on other cases. Would put the disability around 40-50%. Who knows. Now, it is wait and see and wait for the VA to schedule the visit with the Neurologist.. Thanks for your help, Marco!!!

                    Comment

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