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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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Secondary And Claims Questions

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Questions

I am 80% service connected and a Gulf War Veteran

I am service connected for fibromyalgia 40%

I am service connected for post cholecystectomy with scars 10%

My questions are on the above 2 and another one that I am trying to get service connected for.

First I was diagnosed with keratoconus in service and was denied service connection in 2001 upon retirement I now have precedent opinions I will submit for a CUE now here are some of my questions about that. Do I just ask for the service connection? I have had both corneas’ transplanted do I let them know that upfront or let them find that out? I was 20/200 in service and required to wear contact lens then before my transplants I was 20/400 those would have warranted a % rating, but now that I had the transplants I can see again and can wear glasses or contacts but I do have sensitivity to light and glare. So what do I ask for exactly? Do I ask for diagnostic code 6035 or 6036 or both? The VA does pay for by way of fee basis for me to have checkups every six months to check my graphs.

I was serviced connected for gastritis 7307 known as heartburn as diagnosed on 04/24/2001. I was service connected. In my medical record I was diagnosed with GERD Nov 1999 but was service connected for gastritis. I want to ask for increase and was wondering about asking secondary conditions how does that work? Like I have barretts esophagus and hiatal hernia found on a scope done by VA, would that be secondary to this? If so are they rated on their own? Or do they pyramid those ratings? How to I ask for that or word it? Also I have taken and still take and have for years NSAIDS medication this could also be part of the problem as well what do I do with that? I take meds from VA for this.

I was service connected for fibromyalgia and recently awarded 40% up from 10% with a note that in the near future they would examine me again to evaluate the severity of this condition. I was wondering about secondary’s to this like I have fatigue, sleep disturbances I take sleeping pills prescribed by VA and stiffness, headaches I have meds from VA for this and IBS I have meds from VA for this and anxiety I have meds from my private doctor for this. What and how do I ask for these and word it?

How does the pyramiding work as well? I have 100 or 110% total and 80% combined how many % do you need in the pyramiding to actually get another 10% combined?

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Lots of questions here......I focused on 2 of the issues.

“I was diagnosed with keratoconus in service and was denied service connection in 2001 upon retirement “

“I will submit for a CUE now here are some of my questions about that.”

Can you scan and attach (cover personal identifying stuff) the Reason and Bases part of that decision?

We have a wealth of CUE info in the CUE forum as well as the CUE criteria.

Not enough info here to know if you should file a CUE.

“I have had both corneas’ transplanted do I let them know that upfront or let them find that out?”

I think you need to re-open the keratoconus claim with this , as New and Material evidence.

We cannot assume VA will 'find out' anything. They need documented evidence.

“I now have precedent opinions “

Can you explain what you mean by that?

If you mean Office of General Counsel -VA Precedent Opinions, can you give us the numeric on them so we can access them at OGC site to determine the relevance here?

“still take and have for years NSAIDS medication this could also be part of the problem as well what do I do with that? “

The VA has SCed GERD in many vets who were prescribed NSAIDs by the VA.

There is info and discussion on that association at hadit under our search feature.

Can you give us the breakdown of the 80% disabilities?

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VA Precedent Opinions VAOPGCPREC 82-90, VAOPGCPREC 1-90, and VAOPGCPREC 67-90 pay special attention to VAOPGCPREC 82-90.

So do I tell them I had corneal transplants and where to get the documentation?

I was service connected for gastritis not gerd but diagnosed with gerd before gastritis

my % is as follows

10% residuals post operative right shoulder

10% tinnitus

40% fibromyalgia

20% lumbar spondylosis and degenerative disk disease

10% left knee patellofemoral syndrome

10% right knee patellofemoral syndrome

10% post cholecystectomy with scars

10% lipomas abdomen and stomach

can you help me with the filing of secondary i never did that before and don't know how or what to do?

Do I go for gerd also since I already have gastritis?

post-12786-0-60125900-1348330503_thumb.j

post-12786-0-45309100-1348330516_thumb.j

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6035 Keratoconus: Evaluate based on impairment of visual acuity. 6036 Status post corneal transplant: Evaluate based on visual impairment. Minimum, if there is pain, photophobia, and glare sensitivity 10 6037 Pinguecula: Evaluate based on disfigurement (diagnostic code 7800).

If you have sensitivity comparable with the rating codes above, then yes, you should file for a New & Material evidence and ask for a 10% rating for status post corneal transplant. If that was necessary because of your loss of vision, then they should entertain it.

If a Veteran has service connected orthopedic conditions, and the treatment has been NSIADS for a long period of time, and the use of NSAIDS has caused GERD. The Veteran can file for GERD as a claim-Secondary to the orthopedic conditions that required the use of NSAIDS.

Another way of looking at it is if a Veteran has a service connected right knee condition, and that causes the Veteran to limp putting more weight and stress on the left knee. If the left knee develops a disability like Meniscus tear, arthritis, or any other condition that can be rated by the VA, the Veteran can file for the left kne condition secondary to the right knee condition.

Secondary simply means that a new condition was caused by a service connected condition.

If you can get to a doctor and they agree that the GERD is most likely caused by the NSAID use, then ask them for a letter, that would be your Nexus letter. If you don't, then you can still file and the VA will send you to a C&P exam.

I would recommend you file as quickly as possible for both, the claim time length now is so long, sometimes over 18-24 months. File now and work on the evidence and the specifics as you go.

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You asked "Do I ask for Service connection?"

Yes. You ask for sc for secondary conditions the same as before, except you should so state:

"I am applying for ............secondary to ......................

You need to "specify the benefit sought". And yes, I would most certainly inform them of any evidence you have supporting your claim, such as a cornea transplant. That would certainly seem relevant. The VA would find out anyway, because they will ask for and get a copy of all your records, anyway. The VA knows more about us than our own mother.

Condition "B" is secondary to condition "A" by medical evidence. This means your doc needs to opine that it is at least as likely as not that your condition B was caused by service connected condion A. Sometimes medications can cause problems, for example. Almost certainly you will need a docs opinion to get secondary service connection just like you needed it to get sc in the first place.

As far as pyramiding, no, the VA does not allow any condition to be counted twice. They are anal about that.

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VA Precedent Opinions VAOPGCPREC 82-90, VAOPGCPREC 1-90, and VAOPGCPREC 67-90 pay special attention to VAOPGCPREC 82-90. You have learned well, grasshopper.

38 CFR 4.9 is/was used inappropriately to deny service connection http://www.benefits..../PART4/S4_3.DOC . Very little overrides 38 CFR 3.303(a) .

Addendum dated 9/24/2012: Three of the aforementioned VAO General Counsel Precedent Opinions are attached. FWIW, I've seen these posted by another user in times gone by.

VA Precedent Opinions VAOPGCPREC 82-90, VAOPGCPREC 1-90, and VAOPGCPREC 67-90 pay special attention to VAOPGCPREC 82-90.

So do I tell them I had corneal transplants and where to get the documentation?

I was service connected for gastritis not gerd but diagnosed with gerd before gastritis

my % is as follows

10% residuals post operative right shoulder

10% tinnitus

40% fibromyalgia

20% lumbar spondylosis and degenerative disk disease

10% left knee patellofemoral syndrome

10% right knee patellofemoral syndrome

10% post cholecystectomy with scars

10% lipomas abdomen and stomach

can you help me with the filing of secondary i never did that before and don't know how or what to do?

Do I go for gerd also since I already have gastritis?

PREC_8-88, Preumption of Soundness.doc

PREC_82-90, Manifests in Service.doc

VAOPGCPREC 1-90, Presumptive-heriditary.doc

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The question of whether a condition is congenitial or acquired in service would normally be answered by a doc, probably at a c and p exam.

Laypersons, including judges and rating specialists can not substitue their own opinion for those of a qualifed medical professional on matters of a medical nature.

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There's can be world of difference, sometimes subtle, between hereditary/familial/genetic versus developmental.

What was written generally can be true, however I can envision some circumstances where a non-physician opinion on a developmental issue would not be inappropriate.

The question of whether a condition is congenitial or acquired in service would normally be answered by a doc, probably at a c and p exam.

Laypersons, including judges and rating specialists can not substitue their own opinion for those of a qualifed medical professional on matters of a medical nature.

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I finally got around to reading my gmail and found your message from September 22. I really prefer answering these questions publicly, unless the subject matter is extremely sensitive or extremely detailed As it appears that your PM is neither and there is no indication that your PM to me has been answered publicly, here goes ...

You wrote: so do I file for a cue or file to reopen due to new and material evidence for my karetaconus?

CUE.

Questions

I am 80% service connected and a Gulf War Veteran

I am service connected for fibromyalgia 40%

I am service connected for post cholecystectomy with scars 10%

My questions are on the above 2 and another one that I am trying to get service connected for.

First I was diagnosed with keratoconus in service and was denied service connection in 2001 upon retirement I now have precedent opinions I will submit for a CUE now here are some of my questions about that. Do I just ask for the service connection? I have had both corneas’ transplanted do I let them know that upfront or let them find that out? I was 20/200 in service and required to wear contact lens then before my transplants I was 20/400 those would have warranted a % rating, but now that I had the transplants I can see again and can wear glasses or contacts but I do have sensitivity to light and glare. So what do I ask for exactly? Do I ask for diagnostic code 6035 or 6036 or both? The VA does pay for by way of fee basis for me to have checkups every six months to check my graphs.

I was serviced connected for gastritis 7307 known as heartburn as diagnosed on 04/24/2001. I was service connected. In my medical record I was diagnosed with GERD Nov 1999 but was service connected for gastritis. I want to ask for increase and was wondering about asking secondary conditions how does that work? Like I have barretts esophagus and hiatal hernia found on a scope done by VA, would that be secondary to this? If so are they rated on their own? Or do they pyramid those ratings? How to I ask for that or word it? Also I have taken and still take and have for years NSAIDS medication this could also be part of the problem as well what do I do with that? I take meds from VA for this.

I was service connected for fibromyalgia and recently awarded 40% up from 10% with a note that in the near future they would examine me again to evaluate the severity of this condition. I was wondering about secondary’s to this like I have fatigue, sleep disturbances I take sleeping pills prescribed by VA and stiffness, headaches I have meds from VA for this and IBS I have meds from VA for this and anxiety I have meds from my private doctor for this. What and how do I ask for these and word it?

How does the pyramiding work as well? I have 100 or 110% total and 80% combined how many % do you need in the pyramiding to actually get another 10% combined?

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Posted · Report post

When you file for a secondary condition you really need medical evidence that spells out how, why, when your primary condition led to the secondary condition. With DMII, for instance, if you have heart problems or PN or any other secondary DMII condition you need a doctor to say that you heart or PN is a direct result of your DMII. My PCP at the VA did this for me for my PN and artery disease. If you could get a non-VA doctor to do the same thing that would work but you want to use a format the VA accepts.

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