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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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  • 0

Can Va Benifits Be Lost If Reexamined?

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I was granted a 30% evaluation assigned based on my recent VA exam which reveals nasal polyps in both nostrils. I went to my private doctor who is a eye ear nose specialist. He examined me but did not see any Polyps and stated he did not know what the VA saw. But he did say that the medication and the nasal spray could have reduced them. So I would assume that they come and go with the allergic seasons. My disability is for hay fever (allergic rhinitis). His examination reviled that I am highly allergic to over 25 different things. The VA did not give me an allergy test yet but if they do they would I am sure they would come up with the same results. My question is if the VA discovers that I no longer have the polyps will they take away my 30%? What do I do? I have a solid case for the hay fever and the allergies.

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20 answers to this question

Posted · Report post

I'm sorry, but you ask "what do I do"........?

You don't go around making a big issue out of the fact that some civilian doctor doesn't see the polyps that the VA doc saw.

If you feel that you need or wish to file a claim for your allergys, then go ahead. But, that shouldn't be considered the same as your polyp problem and shouldn't trigger a "re-exam" of your nose............

What would I do?

Have a beer.

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Posted · Report post

uhh, Seriously? Hay fever ,nose polyps? 30% Man I'm sorry that is funny your worried about nose polyps. I got to say I've been depressed for years, but when I read this, I laugh for the first time in years. I tell you what to do give it back.

My dad used to say, " If that boys gonna be dumb he better be tuff". :unsure:

RC

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Posted · Report post

yes. if your condition has materially improved, a rater can 1) propose to reduce your evaluation to one which reflects the current level of disability under the rating schedule, or 2) set up a future examination to review the condition and determine if the change noted has been sustained, or 3) decide to ignore the improvement.

generally if the evaluation of the condition is at 10 percent the rater won't waste the time to reduce it, but that is not a hard and fast rule. so if you submit a claim for increased evaluation and get a VA exam, be sure your condition has not improved.

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Posted · Report post

Nasal polyups can cause allergic problems. I had one not service connected and the VA wanted to cuy open my sinus cavities and scrape. Fortunately I went to a Nose Specialist you reached in and yanked it out. It was the size of a small grape and afterwards my allergies improved quite a bit.

After I started using a CPAP machine my allergies are almost gone. Breathing filetered air for 4 to 6 hours is very good for me.

There is a lot of info on the Internet about the problem you might want to google and learn about it.

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Posted · Report post

Please do not get me wrong here, but you got 30% for nasal polyps.

On the other hand, I have a foot and ankle that have no cartilige between the joints, I wear a brace, I use crutches, cannot drive our car, cannot walk more than a few yards and take codiene once every 8 hours.

and I got 20%...............and, if they cared to look, I probably have nasal polyps, if they could see them through my snot caused by my allergies.

and you're worried?

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Posted · Report post

Please do not get me wrong here, but you got 30% for nasal polyps.

On the other hand, I have a foot and ankle that have no cartilige between the joints, I wear a brace, I use crutches, cannot drive our car, cannot walk more than a few yards and take codiene once every 8 hours.

and I got 20%...............and, if they cared to look, I probably have nasal polyps, if they could see them through my snot caused by my allergies.

and you're worried?

Larry, I hope you filed an appeal? An increase?

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Posted · Report post

OK everyone -- time to play nice ! ! !

The original poster did not write the schedule for rating disabilities.

carlie

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Posted · Report post

Yup, I did.

and filed for TDIU.

and filed for loss of use of foot.

and filed for MDD (depression) due to the fact that I'm in constant pain (and, dammit, that's depressin, I don't care who you are :unsure: )

all the above diagnosis's courtesy of the VAMC.

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Posted · Report post

Oh, Carlie, I'm playin nice. It's just that I, me, moi was having a little perception problem.

I couldn't understand what T.D. was worryin about.

It was my perception problem, and if I sounded kinda "short" and non-understanding, then I apologize.

Course, it could be that the wonderful, renew your scripts by HealtheVet, did not come through and I ran out of my Welbutrin, Seratiline (sp?), Codiene, and whatever they call that anti-inflammatory drug, two days ago, and it looks like it'll probably be Monday before I receive them.

I'm sorry though. Nobody else's problema, just me.

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Posted · Report post

Nasal polyups can cause allergic problems. I had one not service connected and the VA wanted to cuy open my sinus cavities and scrape. Fortunately I went to a Nose Specialist you reached in and yanked it out. It was the size of a small grape and afterwards my allergies improved quite a bit.

After I started using a CPAP machine my allergies are almost gone. Breathing filetered air for 4 to 6 hours is very good for me.

There is a lot of info on the Internet about the problem you might want to google and learn about it.

Thanks for the valuable information. I do search the internet looking for new ideas and info. I found out that nasal polypups

can shrink buy nasasl spray the nasal spray that the VA gave me. I forgot to mention that the private doctor that examined me also works part time for the VA. Thank you :unsure:

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Posted · Report post

T.D sorry just poken fun at you seem kinda silly at first, just that's there some pretty banged up people here getting nothing and you got 30%!! wow!! That's great. Trust me you will have this problem for the rest of your life and if it gets better that's great to, but trust me you don't want it taken way because YOU THINK your cured. Then you end up hurting bad one day and you have to have something major done you can't afford you'll be glad that 30% is there. Just remember it flairs up from time to time but your ok today, you don't want to go to the end of the line because its a long one. I had good friend in the first Gulf war who had what you did when he got upwards about Kuwait were the dirt is like talcum powders and swell up like a boxer that had been beaten about the eye's and nose for a hour. He though his was fine too.

later Rich

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Posted · Report post

I appreciate all of the valuable information that I have received. I do check the INTERNET for information about my conductions. I have worked very hard over a period of 4 years to obtain the 30% rating and I do not want all my hard work and appeals go out with the nasal polyps that the doctor could not find. I forgot to mention that that private doctor works part time for the VA. It is my intension's to increase my 30% C&P to 50% or more but connecting my sleep apena with my allegries. My VA adviser told me that would not happen because I did not have (sleep apena) wile I was in the service. I do not accept that but I do want to move cautiously so I will not have to fight with the VA again to keep my current C&P. Any suggestions?

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Posted · Report post

I appreciate all of the valuable information that I have received. I do check the INTERNET for information about my conductions. I have worked very hard over a period of 4 years to obtain the 30% rating and I do not want all my hard work and appeals go out with the nasal polyps that the doctor could not find. I forgot to mention that that private doctor works part time for the VA.

It is my intension's to increase my 30% C&P to 50% or more but [by] connecting my sleep apena with my allegries.

My VA adviser told me that would not happen because I did not have (sleep apena) wile I was in the service. I do not accept that but I do want to move cautiously so I will not have to fight with the VA again to keep my current C&P. Any suggestions?

§3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

(b) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level. (Authority: 38 U.S.C. 1110 and 1131)

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td, what your advisor told you is correct, you have very little chance of prevailing in a claim for service connection for sleep apnea as due to allergic rhinitis. that doesn't mean you shouldn't try. it's free, and i've seen stranger things happen.

wings noted the reg for aggravation of a nonservice connected disability by a service connected disability. this is probably the most difficult way to get something service connected. in order for service connection to be established on this basis, you must establish a "baseline" level of the nonservice connected disability, and then show how much the non service connected disability was increased, by rating schedule standards, by the service connected condition. if the medical examiner cannot specifically answer the "baseline" question, and he almost always doesn't even try, the rater cannot establish service connection by aggravation, and will dismiss the claim as speculative.

add that to the fact that you apparently have disappearing nasal polyps, and you may open yourself to reduction. a service connection by aggravation claim requires another medical exam. so do be careful. fyi, a rating is "protected" by law if it has been in effect for 20 years, whether or not there is any evidence that the disability exists.

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td, what your advisor told you is correct, you have very little chance of prevailing in a claim for service connection for sleep apnea as due to allergic rhinitis.

Entropent, welcome to Hadit! I'm not sure why you opine so strongly here. Why not claim sleep apnea secondary to allergic rhinitis (assuming the rhinitis is already SC)? Thanks. ~Wings

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Wings:

I think that Entropent is correct. I also think he has posted some astute thoughts on complicated claims and is well worth considering.

As you and I both know generally a Veteran is at low risk for having their rating reduced but anytime you ask for something it opens up the door for the VA to act.

Yoggie is sort of sitting on a precipice he could get more but he is risking 30%. From my research on nasal polyps they will probably come back .

I wish him good luck but it has been alwfully rare when the VA has reduced a rating of someone that I know.

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Wings:

I think that Entropent is correct. I also think he has posted some astute thoughts on complicated claims and is well worth considering.

As you and I both know generally a Veteran is at low risk for having their rating reduced but anytime you ask for something it opens up the door for the VA to act.

Yoggie is sort of sitting on a precipice he could get more but he is risking 30%. From my research on nasal polyps they will probably come back .

I wish him good luck but it has been alwfully rare when the VA has reduced a rating of someone that I know.

Pete, I appreciate your thougths! I welcome Entro [like intro], and feel he's got some worthy angles to consider ;-)

30% seems a very generous rating for allergies with nose polyps. I have them too but am not ready for VA surgical treatment and can NOT afford/do NOT have other medical insurance. I also snore severely and have bouts of sleep apnea. I could file a few secondary claims but since I'm waiting to hear from the BVA on appeal, I'm not going to file. In my case, my health gets worse, not better - and I have tried to stay healthy but time takes it's toll and I will be using VA health care more and more. As time goes on, I'll bet I file for secondary conditions. Since I need good medical evidence, it may take me a few years. I could file now and keep issues on appeal. Nothing wrong with that.

Anyway, I never want to discourage a vet from filing a new claim is the condition is worsening - but when and if it's getting better, that's not a good time to argue a claim!

Good to be back and kicking with Ya'll ;-) ~Wings

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wings, hello. the reason i am dubious about the sleep apnea as secondary to allergic rhinitis is because i know of no medical literature which asserts any such link. certainly one could get a private medical opinion to say just about anything, but it would have to be credibly justified to be probative of a link. i do not think a va examiner would provide a nexus. still, anything is possible, and it is always worth a try.

as for your secondary conditions, if you are lacking medical evidence that you expect will be forthcoming in time, consider filing an informal claim for the specific benefit now. that way you will have a year to submit any medical evidence, regardless of its merit. add to that the time it takes to adjudicate the claim (which you can slow down by requesting more time), and the one year appellate period after the initial denial, and you have plenty of time to gather your evidence. protect your file date. get the ball into play.

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I have a CUE claim in for an earlier date for TDIU. It goes back to 1971. I get the horrible feeling that these guys might try and take away my service connection even though I have been SC for 36 years. The St. Petersburg RO has done so many crazy things in the past. I know they cannot sever my SC after 20 years without proving fraud and their was no fraud involved. I have been TDIU for 6 years. I was rated 10% in 1973 even though I was IU. My rating was a joke and all I wanted was to get as far away from the VA as possible. I can't resist fighting for what I think is right, but there is a price to pay in anxiety and worry.

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wings, hello. the reason i am dubious about the sleep apnea as secondary to allergic rhinitis is because i know of no medical literature which asserts any such link. certainly one could get a private medical opinion to say just about anything, but it would have to be credibly justified to be probative of a link. i do not think a va examiner would provide a nexus. still, anything is possible, and it is always worth a try.

as for your secondary conditions, if you are lacking medical evidence that you expect will be forthcoming in time, consider filing an informal claim for the specific benefit now. that way you will have a year to submit any medical evidence, regardless of its merit. add to that the time it takes to adjudicate the claim (which you can slow down by requesting more time), and the one year appellate period after the initial denial, and you have plenty of time to gather your evidence. protect your file date. get the ball into play.

Thanks Entropent! I am going into the VA Clinic now on a regular basis and hope to have some new and material evidence by the time my BVA Appeal gets decided, if ever . . . I appreciate your support and knowledge. ~Wings

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