Almost one year out, seeking advice on appeal vs. new claims vs. DBQ

hooyah215

Well-Known Member
Registered Member
I'm not sure if this is the right forum for this, and I apologize for the length, but here it goes. I was medically retired from the Navy for U.C. at 30% on September 30, 2016. I am 80% disabled from the VA for the following:

Sinusitis 0%
Right knee patella tendonitis w/ shin splints 10% (bilateral)
Left knee patella tendonitis w/ shin splits 10% (bilateral)
migraine headaches 30%
U.C. 30%
Anal fissure (rated as hemorrhoids) 20%
left foot, pes planus 10%
TBI 10%
Lumbosacral Strain 10%
XVI muscle group/ Perineum strain (claimed as pain/ torn muscle) 0%
Left hip strain 0%
Right hip strain 0%
Tinnitus 10%
Residuals of left rib fracture 0%
Psoriasis 0%
Not service connected: Hearing loss
Not service connected: Teeth grinding/ bruxism

I am coming up on my one year since getting out, and since I was PEBed out at 30%, I had my ONLY C and P exams in July 2015. I got out 30SEP16, with a year and 3 months MORE of medical history that I never made claims on.

I visited with a KY VA counselor to submit NEW claims based on my military med record for:
Bilateral sciatica
Rectum and anus impairment
Dermatitis
Acne
2x Intervertebral disc syndrome (herniated discs in L5-S1 AND C3-C4)
Bilateral wrist pain

As well as I wanted to "appeal" with new evidence in that last year and 3 months since my only C and P exams to hopefully increase the ratings for:
Lumbosacral strain 0%
XVI muscle group/ Perineum 0%
Left hip strain 0%
Right hip strain 0%
Left rib fracture 0%
Psoriasis 0%

I'm pretty sure I can submit appeals with just my military records, b/c originally my Left foot, pes planus was rated as not service connected, and then increased to 10% with the note "Please note that on your preliminary rating, we did not propose service connection for your left foot. A review of your military service treatment records dated September 12, 2016, show x-ray evidence of left foot pes planus. These notes also indicate pain on use of the foot." So the VA DID review my year and 3 months of treatment after my C and P exams, but only applied it to my foot and not any of the above I want to appeal.

The KY VA counselor said that the VA has reviewed ALL my medical records and that I CAN'T submit any NEW claims based on my military medical history. He recommended getting everything documented on DBQs before 30SEP17 (I submitted an intent to file in July, even though I'm within my first year), and submitting the DBQs to BOTH apply for new conditions and "appeal" the initial ratings that I want to change.

The problem is that I am new in my town, I don't have a primary care physician, and I've tried at 6 different offices to get an appt to fill out DBQs and no one has space, or Nurse Practitioners supposedly can't fill out the forms. I know I've waited until the last minute, and my letter from the VA about my ratings is dated 14NOV16, so I can wait a little bit on an appeal (I think), but I want to get "service-connectability" with all of the new ones the above before my one year out of the military is up.

At this point, I feel all I can do is appeal (which will take 5 years to resolve) with my military records the initial conditions, as well as submit a DBQ I got from my civilian GI on my lack of sphincter control, as well as a letter requesting some compensation for underwear since the pads I wear (and missed bowel movements) in my boxers cause them to wear out faster. Also the towels I use have massive orange spots from my use of dermatological medicines.

Does anyone know if I CAN submit new claims before my year is up using only my military records, and on what form I would use? It seems unlikely I will be able to get a full physical before 30SEP17. I have an appt with the same KY VA counselor on 28SEP17 at 1000.

Thank you for any and all help, and DON'T WAIT UNTIL THE LAST MINUTE LIKE I DID!!!
 

Chaps_Z

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
New claims can be completed online at eBenefits. You can upload the medical evidence right through the system.

You can appeal previously completed conditions there as well. You would upload new DBQ's and any other evidence.
 

hooyah215

Well-Known Member
Registered Member
Thank you for the quick response Chaps_Z! It sounds like I got some bad gouge from the KY VA counselor, and I can submit new claims with all my military records...

Are there any other thoughts on how to proceed? Thank you again!
 

Chaps_Z

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You need to have new evidence for a claim. Like your VA counselor said, they have reviewed your medical records but like you pointed out, there are conditions that occurred after your C&P.

If you appeal an already service-connected rated condition, again, you need evidence to show why it should be increased.

It sounds like a lot, and it is, but you have a lot of evidence gathering to do if you want to file several new claims and appeals.

Check out eBenefits and it will show you step-by-step how to do all those.
 
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