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  1. Andy, I've had several occasions where my MHV Clinician notes contained Nursing Intake Notes regarding Depression and/or pain issues, where there was no actual discussion and a note indicating that the screening was done on initial clinic intake. There is an actual MHV process to disagree or bring a Clinician Treatment Note "Discrepancy" to light. Your Official written disagreement is placed in your VMC & MHV Medical records. Your Clinicians response is also put in the Record. Semper Fi
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  2. I also don't agree with *nudge/wink* either. IF you are honest you won't get tripped up later. If you omit things about your condition to your healthcare staff you are just hurting yourself and making thier job harder. We aren't doctors. I have some good days when im figuratively on top of the world, totally motivated, can't sit still, have to be doing something....for the next 18-24 hours. From the outside looking in that looks like a 'good day'. To my psychiatrist that is a manic episode and she needs to know about stuff like that- or my primary care provider so they can get me in STAT if necessary. Omitting meds before a C and P, not telling your doctors everything in fear of them tattling on you- is ridiculous. Unless they are a C and P doctor they don't have anything to do with the benefits side of things anyway. They enter treatment notes- and if you are being honest then there is not anything to worry about. If you improve substantially over time then you may be reduced- GOOD. Thats the way its supposed to work.
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  3. Wil, I kinda disagree, with what I think your "get my drift" take is here. I tell the SC Vet's I'm in contact with to remember, "everything you say, can and will be used against you." By that, I mean not to tell the VA Nurse or Clinician that your better than you are, everything you say regarding symptoms, ends up in your treatment notes. Using the "10% Rule," we have to consider that around 10% of all Vets receiving or applying for SC Comp are Malingerers. Can't say I know of any Vet that would condone Malingering, whether or not they'd "Eat Cheese" on the Malingerer, could be a different story. Semper Fi
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  4. Shows how much the Dr pay attention a Dr should be intelligent enough to do test on her arm for ROM and get X-RAYS MRIs special MRI's if her Arm was that bad,? hell on some days I can't walk because of arthritis in my knees from falling off a Duse & 1/2 Years ago in Nam and they won't S.C. It but they give me meds for it so that's good enough for me. I have other Major S.C. Disabilities, waiting on 4 years for my 20 years then they can put that no reduse me sign around my neck .
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  5. JFrei is already rated at SMC (s). He wonders why he isn't at SMC (t). Here is the reason. SMC (t) is the same amount as (r2) or $8,506.47/month (married). In order to qualify for SMC (t), a Vet must have a full-time caregiver who watches over him/her to protect them from injuring themselves or others. The caregiver can be a wife or significant other and have no true medical training. The extra money above SMC (o) is to offset the cost of the full-time caregiver. This is where it differs from (r2) which requires the regular supervision of a medically certified caregiver or the supervision of your wife/sig. other by the medically trained caregiver. VA will also pay to give your caregiver proper training if necessary. SMC T is never permanent. VA hates to award it and checks you out about once every year to determine if you are getting better. In most cases, it is awarded for two years and VA comes up with an excuse or a C&P that you have recovered sufficiently to be down rated. I had a case where the wife decided to go back to work on a part time basis-about 3 hrs a day. Bingo. No more SMC (t) because the Vet's care was now not "full-time". I read about another where the Vet decided to volunteer at a food bank two days a week. Bingo- VA said if he's able to work at all (volunteer or paid), then he isn't eligible for SMC (t) and they axed him. He gave up the food bank gig and is still fighting on appeal (two years now) to get the SMC (t) back. Rots a ruck. If you are hospitalized while on SMC (t), they revert your pay back to SMC (o) and do not resume it until you return home. SMC (t) is not what it seems when you get down to the brass tacks of how it operates. SMC (t) is also only available to those Veterans who served after 9/11/2001 which is terribly biased. What's the difference between a guy who gets blown up by a satchel charge or 60mm gook mortar in 1969 at Dong Ha? He still has TBI and would qualify if it had happened after 9/11. This creates two unequal classes of Veterans who suffer exactly the same set of maladies. We have the WWP to thank for this inequity.
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  6. Congratulations!!! I second what broncovet said about sending in the" I did not work" form each year. That is very important, because if you do not send it in they will send you a "proposal to reduce" letter. In which case get that form in and they would not reduce. Just don't give them the reason to do that...it will just cause you a lot of unnecessary stress!! All the best to you and your family!! Greg The form is Employment Questionnaire, 21-4140-1
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  7. Has anyone else here contacted https://greatagain.gov/ to tell Trump who you feel should be the new VA Secretary? Contact area is under "Share Your Story" button. I changed my initial pick to the transition and am hoping for Jeff Miller to become the new VA Secretary. When I contacted Trump's team before, I had no idea Miller would even be considered for this job. As all of you know he already knows VAOLA very well and would not need any major VA 101 information. He also knows who the gatekeepers are and is used to VA spin. I have 2 ideas that could reduce the backlog significantly as well.
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  8. You obviously need to file a NOD. Dont feel like the lone ranger...I was denied hearing loss SC EVEN when my audiologist opined that my hearing loss was "at least as likely as not due to noise exposure in service". They said it had been too long a period of time since service. Frankly, they often make up "bogus" reasons for denial. If you look at the Caluza triangle which outlines the 3 criteria needed for service, you wont find "length of time since service" as one of them. Here they are, in your nod you should allege you meet the criteria for service connection. You need these 3 Caluza elements: 1. Current diagnosis of condition. I think we can assume that a doctor diagnosed you, but dont guess. Look it up on your records and cite the doctor who treated you for your condition and his diagnosis. 2. In service event OR AGGRAVATION. Even if you had something prior to service you have a "presumption" here. Let's say, you did have headaches diagnosed prior to service. However, it sounds like you allege being covered up with fuel aggravated this condition. (I dont know if you had it prior to service..you need to check those medical entrance exam...DO not guess...read what it says) Further, lets assume your headaches worsened in severity in service. Then there is a presumptive here that military service aggravated it. In other words, lets say your headaches were a level 2 when you entered service. They were an "8" when you got out. Based on this example your headaches were "aggravated" by service. 3. Nexus, or medical link between 1 and 2. You need a doctor to say something close to: "The Veteran's headaches were at least as likely as not aggravated by him being exposed to jet fuel during military service." There you have it. 1. Attack the "reasons for denial" in your nod, with evidence, and 2. Make sure you have a nexus. 3. Order your cfile and read all this stuff, dont pre assume everything is there and in order. If you do not have a nexus, then you may need an IMO/IME, as you wont be getting benefits without a nexus. (No that is not a car, either)
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  9. "I got out in 2000 and filed a claim about 30 days before I got out. I received a letter that because I filed while I was still on Active Duty that my claim was not valid." Do you still have that letter? "Fast forward to 2009. Filed another claim. Denied for my knees, surgery I had on my leg while in and my liver. I did not appeal, shame on me. My liver I thought would be slam dunk since it is heavily documented in my records but I guessed wrong. I had also sent in my civilian records. I used the DAV to help." Can you scan and attach here ( cover C file # etc prior to scanning the decision as to their rationale for the denial on all issues? And a copy of the evidence list? Here are the BVA cases you mentioned. http://www.va.gov/vetapp08/Files4/0832813.txt This was a Section 1151 claim for liver disease that the VA proposed to reduce. “In a December 2004 rating decision, the RO proposed to sever compensation for non-alcoholic fatty liver disease under 38 U.S.C.A. § 1151 on the basis of clear and unmistakable error in the initial grant. Specifically, the RO noted that the October 2004 VA examiner opined that the veteran had liver disease prior to VA's prescribing simvastatin.” BVA thought differently based on the medical evidence: “In summary, it is not shown that the grant of compensation for non-alcoholic fatty liver disease under 38 U.S.C.A. § 1151was clearly and unmistakably erroneous. The burden of proof required for severance is not met, and restoration of compensation under for non-alcoholic fatty liver disease 38 U.S.C.A. § 1151 is warranted." and http://www.va.gov/vetapp14/Files4/1431676.txt "At his August 2013 Board hearing, the Veteran testified that his liver disorder had its onset during his military service. The Board observes that the Veteran's service treatment records reflect that the Veteran was diagnosed with fatty liver during his active military service. In October 1999, the Veteran had elevated liver enzymes. In January 2000, he was diagnosed with fatty liver. In October 2007, the Veteran's liver had moderate fatty replacement. Records dated in November 2007 reflect that the Veteran had a diagnosis of fatty liver. He had "mildly elevated LFTs, fatty liver and normal serological [workup] most likely consistent with NASH." July 2008 treatment notes show that the Veteran had a diagnosis of non-alcoholic fatty liver. “ ORDER Service connection for a liver disorder is granted.” BVA decisions cannot be used as evidence to support a claim unless they involve a legal situation. However they hold a wealth of information that can help vets with similar claims. 1151 wont work for anything the Military does but does VA know of this? "The closest I have to a diagnosis in the military is the internal medicine doc stating most likely NASH. This hunt actually started when the military doc who prescribed my grespeg got spooked at my elevated LFT's and sent me to internal med. From research Grespeg should not be given if there is suspected liver issues." Did VA state they had obtained your SMRs when they denied in 2009? If so they probably never got them or if they did they probably never even read them. They also missed that inservice surgery which I assume could have involved your knees and/or back and that you still have residuals from....? "I have spoken with my PCP about my back, knees and toes and she is willing to complete the DBQ forms." Great. I hope we are able to see the scanned 2009 decision....and a word of advice...... You are the best vet rep you will ever have...vet reps get paid whether they are good or bad....some don't have a clue on what they are doing.You might have a good one...but I dont know why your rep didnt want to see your C file because that older 2009 decision in it might be critical to what your next step will be with this claim....the decision will tell you exactly why they denied.....but they sure might have missed a lot in the SMRs. And if they did that is a CUE under 38 CFR 4.6.
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  10. Should help your MH problems, if nothing else. Then again, probably depends on how bad you get or got spanked, by your X's Attorney and the Judge. Semper Fi
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  11. A word of caution: Tatoo this on your arm, if necessary: "You can not always trust what VA employees (or VSO's) tell you." This is especially true if they can convince you not to appeal to save them work, and money. Ronald Regan said it better. The most dangerous sentence is: "Im with the government and here to help you."
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  12. TiredMarine0331, Lots o' humpin will destroy your feet after a while...no doubt. Marines and Army the worst for that, for sure. You can get your pes planus SC via aggravation of preexisting condition due to Military service. I have pes cavus w/plantar fasciitis bilaterally, at 30%. It was noted at MEPS in 02/92 that I had high arches. By 1997 the plantar fasciitis was already in progress on my L foot. And it aggravated my L ankle. At my EAS 11/98 I was SC for painful residual L ankle injury @ 10%. It wasn't until last year that I was finally SC for my feet. And that was based on STR from 1997 where the plantar fasciitis was first DXd. The Podiatrist doing my C&P exam noted that STR as the nexus, stating more likely than not due to Military Service affecting my foot type(high arches). But also by this time it had become the pes cavus(claw foot) and plantar fasciitis. Then I won an EED claim for my feet back dated to 03/06 when I originally filed for it, that claim was never adjudicated. As for getting all your above ground level ailments SC secondary to your feet, you will need IMO/IMEs from Orthopedic specialist stating so...unless you have it in your STR showing those issues being due to or aggravated by your pes planus. Like "Pinky and the Brain" mentioned, go on ebenefits and start those claims yesterday!
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  13. VA Forensic PTSD C & P Psychiatrist's call over-reporting of symptoms, evidence of "Malingering." Once branded a Malingerer, that cloud will follow a Vet forever and be considered in any future Claim Filing. Semper Fi
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  14. Something does not smell right here. They discussed a C and P exam in 2015, and that is not consitent with a 300,000 retro, since VA awards benefits on the later of the date applied or "facts found", often the C and P exam date. Of course I dont know, but, based purely on this report, the Vetaran admitted to being a faker. Its been my experience that if you do have some sort of disability like this, VA insists on documentation. In other words X rays or MRI's. I cant get even zero percent for my knee arthritis, even tho it DOES show up on the x ray. This leads me to believe that its an inside job. In other words, one of her friends who worked at VA was a rater. I have not seen VA hand out ratings that generate 300 grand in retro without EXTENSIVE documentation, above and beyond the Veterans own testimony. I think the VA should look at who rated this. The VA never trusts us on anything, so why did they trust this Veteran's statement??? Something smells very fishy. If this gal is a faker..and she apparently admitted the same, then she deserves to be punished. BUt, I have no idea how she got rated for a 300k retro on purely her statement to the doctor alone. The doctors take x rays, MRI's, etc., etc. If you look at the rating schedules, you will see that a joint problem that does not show up on x ray will be given a very minimal rating, if any. Probably 10 percent or less, and that wont generate 300 grand in retro.
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  15. I think any vet who gets some retro for a TDIU or 100% that is not P & T, should save some of the retro for a potential P & T claim...if they will need an IME or a Certified Vocational Specialist's opinion. That could be a very good investment ,if they feel the evidence would warrant P & T because CHAMPVA would then be given to their family as well as DEA (Chapter 35 Educational Benefits) I have both,used both, and they are wonderful.I have the doctors of my choice ( VA did treat me years ago briefly) and only pay a 50 buck annual co pay. CHAMPVA told me if I switch to Meds by Mail the co pay would be gone. I only take one med 2 times a week.And really have no trust in the VA pharmacy because they made a medication Meds by Mail error for my husband years ago and tried to blame the Post Office but could not get out of the error.It caused my most recent 1151 award. The med error happened over 22 years ago.There is no time limit on 1151 claims. I had a hell of a time with a different 100% P & T issue.Maybe this will help someone out there. My deceased husband was granted 100% P & T for SC PTSD.Then I was granted 1151 DIC in a 1998 decision. The 1151 disability was rated wrong, and also set up SMC. I had to CUE it and they awarded it all. The decision contained 4 or 5 CUEs. BUT in calls to and from and emails with the Director of my VARO she kept saying the 100% 1151 was total but not permanent. ???? I asked for proof from her that VA completely cured the 1151 stroke shortly before my husband died. Of course they didnt cure anything.They caused the stroke in the first place. My evidence of P & T was lengthy ( and since he was dead this evidence for my accrued benefits had to be in VA possession at time of his death)and it was. This is only some of the evidence they were trying to ignore: SSDI awards (he had 2 separate awards) A Student loan waiver whereby a VA doctor stated he was 100% P & T due to the stroke. A letter from a former VA Secretary that stated he was 100 % P & T due to the stroke. A VA VOC Rehab report stating that due to his stroke, his ability to continue Voc Rehab would be unfeasible. The established fact in VA case law that if a veteran dies with a continuous100% rating, they also then have a Permanent 100% status for the same Total status.....(unless the VA miraculously cured them completely of the 100% shortly before they died.yeah right) This is supported by the fact that TDIU is never awarded to a dead veteran, because the evidence that could have awarded TDIU in their lifetime,is moot because TDIU is only for living veterans. This is why VA never even mentioned my husband's TDIU claim, well supported by evidence, in his lifetime ,when they made the posthumous 100% P & T awards.CUE in a 1998 decision. Awarded in 2012. Cued again and awarded 2015 I think. 100% P & T for stroke under 1151 in addition to SMC due to HB and also 100% P & T SC PTSD.1997 accrued. It is still wrong but I have an appeal in.I want the BVA to decide the appeal and am filing a Motion to Advance on docket due to the legal criteria of those MOA regs, when an appeal involves a legal issue..that is way beyond (per my experience) the competence level of my VARO.
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  16. I agree with broncovet & Gastone As for as the EED, all what broncovet mention is true you need a Dr to state that it is least likely as not you stop working on so and so date not the date the Dr renders his/her opinion . Also I want to add this...if you had to stop working b/c of your S.C. Disability....go to the SSA office and request copy's of your work record they will have a list dates of all you paid in and how long you worked and it will show when you stopped paying taxes(date you show you last worked) this will be good evidence to submit and you can use this for your EED. If I had went to the SSA office and got my work records back when I was in Appeal for INCREASE DECISION AND A PROPOSAL TO REDUCE I would have got 5 more years of retro but back then I never knew about it and they paid me from when I my Dr said I stopped working Live & Learn
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  17. On 8/24/2016, VARO made a decision on my Chronic kidney disease claim. They granted me a 60% rating, on CKD stage 3, and Definite decrease in kidney function. I was initially at stage 4 CKD and sick, so they put me on several medications to get my numbers to come down, well after about 45 days it drop from stage 4 failure to moderate stage 3. So I initially filed my claim back in 2004, as all of this was occurring. So I just recently filed a NOD, which states I should have been granted 80%, for stage 4 CKD. So the C&P Examiner in 2015, never mentioned that I was ever at stage 4. So they only rated me on my now medical status, which is stage 3. So I got an IMO from Dr. Anaise, and he states: A BVA decision in a similar case dated October 26, 2012 states (David Jones, Appellant v. Eric K. Shinseki, Docket No. 11-2704): The court holds that the Board committed legal error by considering the effects of medication on the appellant's IBS when those effects were not explicitly contemplated by the rating criteria...As this Court has made clear, the Board's consideration of factors which are wholly outside the rating criteria provided by the regulations is error as a matter of law. "Massey v. Brown, 7 Vet. App. 204, 208 (1994); see also Drosky v. Brown, 10 Vet. App. 251, 255 (1997) (finding legal error where the Board, "in essence, impermissibly rewrote" the regulation by considering factors wholly outside the rating criteria); Pemorio v. Derwinski, 2 Vet. App. 625, 628 (1992) ("In using a standard that exceeded that found in the regulation, the Board committed legal error"). Conclusion After reviewing all of the veteran's medical and military records, it is my expert medical opinion that the veteran's service-connected renal dysfunction warrants an 80% rating. It is abundantly clear from the record that the veteran was diagnosed with stage IV renal failure with a creatinine of 4.5. It is true that the creatinine has improved once medication allowed for some recovery of kidney function. Yet, the rating specifically states that the veteran is entitle to 80% disability when his creatinine rises to 4.5, with no disclaimer to that statement. A higher evaluation of 80% based on renal function is not warrant unless there is: * Persistent edema and albuminuria; or, * Creatinine 4 to 8mg%; or, * BUN 40 to 80mg;
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  18. <<Where did they get their call sheet from?>>> Where else? The same place the DAV, AmVets and the rest did. Within a month of my 100% rating in 2008, I got invites from a few to let them be my claimsmeisters. I just got this link from one of my members today and a little bit of research has opened up quite a bit of controversy. They're out of Gainesville, FL, not Arizona. I'm guessing they tied into a VA lawyer to hand it off to for another kickback. Now, re Broncovet's post (4/22/15), saying " Many Vets are skeptical of the "non attorney" (Vets) practioner[sic], that charges a similar fee as attorneys. Reason: Gee, if you want to get paid as a lawyer then get a law degree", I strongly disagree. I know several Agents or "nonattorney practitioners" as we like to be called. Many of us have more knowledge than some attorneys with over 10 years of experience. I have yet to find one who can recite SMC chapter and verse from 38 CFR and cogently express all the myriad possibilities. EAJA fees, on the other hand, are not based on the complexity of the case but being an attorney. An attorney can charge the lodestar based on an amalgam of all rates across the country which is a maximum of $187.50/hour. VA will not pay more than about $95.00/hr to a VA agent who prevails doing the exact same work. Similarly, we can charge up to 33% maximum if the case is very complex. I won't go over 20% which is the common rate because I have ethics. Most of what I make goes back into helping Vets because I am blessed and don't need the money. Broncovet and I have broken bread together several times and he knows my circumstances. We do it for Vets, not for our personal enrichment. I'd be interested in any feedback from Hadit members on a successful outcome with these folks. They don't seem to be too terribly different from Dr. Bash or Dr. Ellis-just the new kids on the block.
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  19. Retro showed up in my bank account today. May 4, 2016 - Jan 10, 2017...beginning to end. Thanks everyone, for your help.
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  20. paul, This is just my opinion, but I think you would need something on paper for anything to change. Like a divorce, etc. The are married couples that live in the same house but seperate rooms, hell there are married couples that live on the same land but in two seperate houses. But, in both case they are still maried. So, if it were me, and the wife played ball, as long as there is not a divorce document with the courts, you should be fine. One exception would be if someone tried to claim one of your children as their dependent, i.e., if you still married wife were to move in with someone and that person wanted to jack with you. Anyway, I'm not a lawyer, so don't bet the farm on me, Good Luck, Hamslice
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  21. I believe your NOD Clock regarding an EED, will start the Date of your yet to receive, Award Letter. You've waited this long, hold off filing your NOD for 4 to 6 mos. I recently 05/16 used an "Official Request for CUE Review," for EED. Attached copies of VMC Med Recs supporting the EED. Within 2 mos (07/16), the new Retro Hit, an additional 24 mos was Deposited. Within a week of filing the "Request for CUE Review," it showed up on my E-Ben as a New Claim. I was discussing my probable NOD with a retired former RO DRO, that now works for my VSO. He recommended the "Request for CUE Review," sounded righteous, so I faxed the VMC Med Recs to him. He filed it that afternoon. Check with your VSO RO HQ, discuss your situation regarding your EED and the Med Evidence supporting your EED. Request they file the "CUE Review Request," on your behalf. Should be able to walk it, right down the hall to the RO intake desk. Semper Fi
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  22. when I got TDIU P&T bout 15 years ago I sent in the Questioner letter on my Award date or close to it for the next 7 -8 years then I got a letter telling me I don't need to send the questionser letter in...so crazy me I didn't send one in for the next 2 or 3 years they never said anything...but I started back send it even if they don't send the letter...I lost the letter that they sent me letting me know I don't need to send in the Employment questioner ...I recieved my complete C-File and that letter they sent me was not in my C-FILE I now been sending in the Employment questioner every year last year I sent it in twice...once just on my own and once they sent me a letter asking me to send it in and any change in dependents. can't trust the VA...SEND IN YOUR QUESTIONER LETTER EVERY YEAR.
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  23. Chances are good for compensation if you meet the criteria, and we dont know if you do or not as we have not read your records. Your records need to have: 1. A current diagnosis of the hysterectomy. Documentation documentation documentation. 2. A nexus. You need a doctor to say that your hysterectomy was "at least as likely as not" due to uterine fibroids from service. For secondary conditions, you dont need the third leg of the caluza triangle "in service event or aggravation" because you already met that with your service connected fibroids. You can order your cfile and see if a doctor said that in his report. If not, you will likely need to get the above nexus before you are service connected. As far as "back pay for the hysterectomy", that is unlikely. The effective date is the later of the date you applied or the facts found. If you did not apply until 2016, then the VA wont give you compensation back to 2013. All this said, there are things like doctors appointments being informal claim dates. BUT, you have to meet the criteria there also. Your claim has to be IN WRITING, you have to "show intent" to apply for one or more benefits, and you must specify the benefit sought. So, to get back pay you would need to document that you "showed intent" to apply for benefits back when you got your hysterectomy. You see, the VA will allege you were not seeking benefits, you were seeking treatment when you went to the doc UNLESS there is documentation you were seeking benefits in your file. Order your cfile, read it, and you can answer these questions, we can not without reading your file.
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  24. There's been debates about this working and getting IU. SOME SAY ITS OK TO WORK KEEPING THE INCOME DOWN BELOW POVERTY LEVEL. I disagree with that anytime a veteran gets an IU award its because he can't work because of his S.C. Disability..so doing any kind of work that's reported to the IRS he is playing with fire if VA gets word he is working they will send that propsal letter to reduce faster than you can say **** *** **** you can request P&T To get P&T the veteran must show his disability as worsen and as reach the chronic stage and have Dr opine his disability is not likely to improve during his life time. JMO
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  25. Have you researched the SA 100% Rating "ORs?" If not, do that 1st, there is no Award between 50 or 100%. You referenced your SA problems regarding awakenings, I didn't see any mention regarding P02 levels. Is there any indication in any of your SA treatment Notes or actual SA DX of you P02 falling below 90%? Sleep P02 recordings below 90, will usually require the use of supplemental 02 while on Cpap or Bipap. That DX, would be New & Material Evidence supporting a chronic respiratory Failure SA Increase to 100%. Worked for me, this past 12/15. Semper Fi
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  26. Congratulations! Yes, according to your post, you will get statuatory SMC S "Housebound", which happens whenever you have 100 percent plus an additional combined 60%. SMC S is currently 348 (additional) per month. Since I dont know your dependents, I dont know how much your 100 percent will be. You and your attorney(s) can discuss if you want to appeal the effective date, which may be Nov.11, 2016, according to your post. Remember, if you are IU you have to send in a form certifying you did not work during the year, even if the VA "forgets" to send you the form, fill it out and send it anyway EACH YEAR.
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  27. If you get a 100% P & T award the family is eligible for CHAMPVA and Chapter 35 DEA educational benefits. I have both and they are wonderful. There are often some additional benefits as well. By all means file the TDIU claim ...same as IU ...VA form 21-8940. Do you get SSDI and is it solely for the SCs? If so that award is good evidence for TDIU. Or if VA Voc Rehab ever turned you down solely due to your SCs.
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  28. Bills like this are introduced often by members who are budget hawks, have a beef against veterans, or probably both. Most politicians do not want to be tagged as anti-veteran. Since CRDP went into effect quite a few years ago, nobody has been able to get rid it of. It is possible that these efforts could be successful at some point, but nobody knows when or if it would ever occur. The Congressional Budget Office typically includes CRDP as a chopping block item in their cost saving reports. But one thing the pencil neck bean counters fail to realize is that military retirement pay is an earned benefit of service. VA disability pay is also a completely separate benefit unique to veterans. The bean counters try to rub their sticks together and whine about it being the same, but they are truly two different things. Although I am not a retiree, I wholeheartedly believe that forcing a retired veteran to have a 50% or higher rating to qualify is a ripoff. The right thing to do is for a law to be passed that all retirement and disability can be collected regardless. The second thing they need to do is pass a law that bans the CBO from including CRDP on the chopping block recommendations. I hope this helps.
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  29. Good luck jfrei. My claim also went from gathering evidence to preparation for decision in about a week. I have been told from the "800" number that the VA has everything that they need to make a decision. MPsgt: Thank you for your input. I think that a VA doctor's letter does help a claim. I was fortunate to have my VA doctor write a letter for me stating that I could only work 20hrs per week. Then I have a letter from Chpt 31 stating that because of mental health issues (i.e. : service connected) that I was unemployable at this time. I also have a letter from the state rehabilitation agency stating that I am unemployable at this time.
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  30. I believe the VA refers to TDIU P&T as a veteran as Total Disability Individual Unemployable/ Unemployability. IU is for veterans that can't work because of their S.C. Disability Usually using the extra scheduler with a combined rated of 60% or more but does not meet the 100% rating Although a veteran can be awarded Temporary IU for convalescent stays in the hospital for surgery's or sickness that will improve. The VA generally refers to a claim as a TDIU claim when two conditions are met: 1) a veteran has one service-connected disability with a 60% or more disability rating, or has two or more service-connected disabilities with a combined rating of 70% or more, and 2) there is medical evidence of unemployability. If the veteran satisfies these two conditions, then he will be entitled to a 100% disability rating, even though he does not satisfy that 100% disability rating under the schedule. See 38 C.F.R. §4.16(a) An extra-schedular rating, on the other hand, applies to veterans who are unemployable due to their service-connected disability(ies), but whose disability(ies) does not meet the percentage requirements under §4.16(a). See 38 C.F.R. §4.16(b.) A veteran can be rated 100% disabled under both a TDIU or extra-schedular theory. See Bowling v. Principi, 15 Vet.App. 1, 5-9 (2001).
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  31. I think its always better and safer if the veteran sends in any favorable probative evidence he can get his hands on ASAP sooner the better & faster the claim will be decided, never wait on your Rep or the VA to get those records...if the veteran has them make copies/download them what ever just get them in. REMEMBER TO KEEP ALL COPIES.
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  32. coastie72 Unfortuanately it won't move the neddle with your NOD they get to the NOD first come first served and yes what the examiner stated will help you as for as your evidence that will be favorable evidence, Usually/Normally after a C&P it don't take that long for a decision....just depends how back logged they are. you stated ''I have already posted about my NOD for increase and all the evidence that I have submitted that my VSO had told me not to.'' ''The most recent, and to me the most important new evidence was a DBQ filled out by my VA Psychiatrist where under OCCUPATIONAL AND SOCIAL IMPAIRMENT she checked Total Occupational and Social impairment. In the remarks section it was also stated More Likely Than Not connected to my time in service. So does this DBQ move the needle on my NOD or not.'' AS BROKNESOLIDER244TH MENTION IF YOU HAVE NOT SENT THIS IN...SEND IT IN ASAP.
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  33. Never went to a QTC Exam for anything. Seems like their quite common, as of late. Went to QTC Company Web Site, to see who and what they're all about. My take away, don't expect to get a copy of any DBQ, including MH (PTSD). They stress in their Post Exam info, that the Exam is thoroughly reviewed by their Medical staff to insure it is clear, concise and absolutely covers in depth, the specific issues requested by the VA. Probably take a FOIA Request to get a copy out of your C-File. Semper Fi
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  34. bernie07 Call around and ask of the Dr will give you his professional medical opinion..and have him to use in his impression that he has examined you and reviewed your medical records pertinent to your claim and it is in his opinion it is most likely as not the current diseases/Injury you suffer with currently is most likely aggerveate or Related to your service connected disability. Call around and find you a veteran friendly Specialist Dr in the field of medicine that you need. don't be shy to ask you will be supprised at the young Dr's willing to help.
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  35. What is the 30% SC for now? Is it for the migraines? The IMO doc diagnosed somatic symptom disorder, which could be associated with the migraines...but I did not see that mentioned in the IMO....the BVA has some cases whereby Somatic Symptom disorder was found secondary to SC disabilities, characterized as part of other SC MH disabilities. The IMO doc seemed to have the ER Certificate dated 1984 from the Army Health service clinic... What was the diagnosis on that document? I didn't see specific reference to any entries ,other than that one,that might have been in your SMRs. Did this doctor have a copy of your complete SMRs and also your personnel file? I was a little surprised to see such a long IMO yet without any specifics as to your military records. I will re read it all again but hopefully others will chime in. What was the claim actually filed for....somatic symptom disorder as a secondary condition? I didn't not see the secondary condition mentioned nor the medical rationale for it,except for the last page where the doc said as likely as not and checked Secondary.It is a lot to read. The doc had "available" medical records.....what records did he mean?
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  36. While your at your VMC, stop by the Veteran Learning Center, usually on the 1st floor. Tell the MFIC that you want to get authenticated for your My Healthy Vet account and also your E-Benefits account, if you haven't already done so. Probably be a good idea to take your SA DX info. After you get registered, stop by the Sleep Dept, check out when they have Walk-ins to see the Cpap Nurse. Might be able to get your Equipment issues squared away. Your VMC PCP should write you a referral to the Cpap clinic, that could take a couple weeks. If you have the time, stop by for a walk-in. I've used the Det VMC since 2008, great Staff & great Service. Get all my Meds, even Non VA Formulary Meds from the VA. Use my Medicare A & B as backup and opt to pay $225.00 per mos for United Health Part B Supplemental. If I have a life or death situation or just want a second opinion, I want to be able to see the "Pros From Dover," at my private hospital of choice. Merry Christmas to All Semper Fi
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  37. Checking E-Ben can be like chasing your tail. However, as of late, E-Ben seems to be getting their act together, check it once a week if you absolutely have to. Your best bet for knowing you've been Awarded, is when your Retro Hits. This can happen up to 3-4 mos before you receive the actual Award Letter. Just be sure your VA Comp Direct Deposit account, is set up to Txt & Email you real-time, regarding "ALL" financial transactions. Merry Christmas to All Semper Fi
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  38. I lost my home in 2004...waiting on VA. However, I finally got my benefits in 2009..effective date 06. Now, I have a lawyer who is fighting VA to pay me from 2002-2006 (when I first applied.) Things are pretty good, now. Im no longer without a home. But I still want my back benefits. My lawyer believes enough in me that she is advancing $500 of her own money to pay for a Voc rehab evaluation, which she says I need. The good news is I got a JMR (Remand) from the Court of Veterans claims, so the lawyer is getting paid by the EAJA about 6000. That means that I have a lawyer, on my side, that is mostly or totally paid by EAJA fees. (At least the first 6000 is paid by EAJA). I have been fighting VA for 14 years. Alex fought them for 19 years and finally got a six figure retro...something like a half million. If you get denied think of it as a forced savings account, that you have to fight to keep. Hang in there, many of us have been there, I certainly have. My Christmas will be white, but not green. I am making most of the Christmas gifts. I got a lathe for 40 dollars at a yard sale, and made at least 10 pens on the lathe for friends and family. I suggest you keep your self occupied with a hobby. I make Christmas presents on a lathe. You do something you like that keeps your mind off VA. Go fishing. Go to antique stores. Spend time with grandkids. Do what you like and what makes you happy.
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  39. anxiousinMD just know that a lot of us understand how you feel and its an awful feeling to have to feel this way. Just hang in there and fight them tooth and nail for your benefits. if you have to or when it happens as for as losing your home, keep up your fight with the VA b/c you will prevail and when you do it will be worth your fight...not sure how much retro you will get when you reach the 100% P&T but I bet you get there. if you win your claim in 2017 theirs a good chance you will be able to either re-buy your home or get a bigger better nicer home with these low interest rates. a veteran can refinance or buy a bigger home...remember 100% veterans are exempt from property tax and that gets the mortgage payment way down, and no PMI I want you to know there will be better days ahead for you my friend, just hang in there and get your well deserved benefits. My spouse and I have started over twice in our 44 year marriage we were homeless one time with no where to go, lucky my spouse had a sister we stayed with until we got on our feet but now were both to old/disabled to be moving anywhere. but I'd love to try Sunny Southern California , Bakersfield or Palm Springs in the dry desert. eh! but were stuck here in Tx with the high humidity/high temp in the summer & Bone chilling wet cold that just kills our bones, and an old cranky neighbor no one can get along with eh! btw, all my family siblings live in California...Imagine that. Hang in there buddy!!!!
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  40. I have had this happen to me. During my C&P the examiner stated that I should file for my left shoulder (arthritis) because she saw it during my claim for my right shoulder. The VA took xrays of both shoulders for comparison. I waited til my results came back on my right shoulder, which was service connected, then I claimed (new claim secondary to) for my left shoulder with the with only the VA's own xray of my shoulder. I did write in plain English that the C&P examiner suggested that I claim my left shoulder in my written statement. I was service connected secondary my left shoulder 10% arthritis by xray. Anyway, thats how it worked for me. If your concerned about the start date, then you could just add more to your current claim, but I don't like gumming up the works and let my claims go to fruition before I start up again. Which, by the way, must start working on my appeal. Merry Christmas, Hamslice
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  41. Retro Hits, when Retro Hits. Doesn't follow the calendar. Then there's always the size of your Retro, over I think $25K or so, Rating Dept Director has to sign off, all of which takes more time. If your Direct Deposit Bank or CU account is set up to Real-Time Txt & E-mail you regarding all Transactions, that's what you should watch for. Checking E-Ben is like chasing your tail, waste of time. I had a recent 12/12 Quality Review Award that I noticed 01/03/16 while downloading my E-Ben Disability Letter for my states DAV Residential Property Tax Exemption. The Letter showed I was no-longer 90% & IU T & P, I was 100% SC T & P No Future Exams. My Jan 01 Comp payment was off, the VA had also Awarded SMC S (1). The 1st Retro deposit hit end of Jan, the actual Award Letter didn't arrive till 04/16. For the 1st time since about 2010, E-Ben was way ahead of the curve and it seems to be continuing. Check it periodically, just not everyday. Semper Fi
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  42. I have a somewhat similar situation, but Im afraid the VA has gotten tipped off that I'm not all THAT dumb, espeically when I hired a lawyer, so they dont want to award benefits as they know that Im seeking them way back when Moby Dick was a minnow. If VA sends me a nice retro check, I dont care if they put in the comments, "This Veteran is an idiot." In fact, I prefer it when my opponent underestimates me. Remember, Goliath underestimated David.
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  43. Your going to have wait in suspense to see what actions she took...they can tell us anything over the phone , so what the say is all hogwash as for as my opinion. if you don't get a confirmation on this discussion with in 5 working days call her back or check with IRIS, Never trust anyone from VA over the phone you need it in writing what they say! They usually say one thing and do another...so stay on top of this until you get it in writing because if she said she would ''take care of it'' then there's no telling whats up? or what she does.
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  44. pete992 I think this poster was asking if he is 100% IU Or using his combined ratings to reach the extra schedular and then he gets another rating that will boost his ratings to the 100% rating and if he gets a high enough rating sat 60%or more then he can quailfy for SMC. If a veteran has a 60/ 70-/80/90 rating and is awarded IU and is awarded another higher % of those mention above they Automaticly take the IU away and give the veteran the schedula rating...because he don't need the IU Rating anymore. Anyway thats what they did with me although I had a 100%TDIU P&T Rating. jmo ...Buck
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  45. Your rating decision that granted 100 percent should have some narrative in it addressing P&T or scheduling of future exams. Read it over again thoroughly and scan in exactly what it states on this issue.
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  46. Hello, Please review and let me know if you think they will raise my sleep apnea percent from 50 to 100%. Thanks Snake Sleep Apnea C&P Snake Doctor .pdf
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  47. Thank you Broncovet for supporting my advise as to the IMO. https://www.healthgrades.com/oncology-directory/wi-wisconsin/madison These are some local oncologists who might be willing to prepare an IMO for you https://www.va.gov/vetapp98/files1/9809540.txt In this case the BVA awarded for colon rectal cancer due to AO exposure. The veteran however had private medical opinions as well as favorable VA opinions. I found 2 FTCA cases also on this disability. One lost at the federal level ,lack of probative evidence,and one lost because they had failed to filed the FTCA claim in time This BVA case is from a widow raising both 1151 and direct SC death due to AO: https://www.va.gov/vetapp15/Files1/1502613.txt “At the hearing before the undersigned the appellant also argued that VA was negligent in not providing the Veteran with a colonoscopy for a significant time, which resulted in his cancer not being detected until it was severely advanced. The appellant specifically stated that the Veteran was experiencing rectal bleeding and was treated for hemorrhoids for nine months through VA before he switched to a private practitioner who provided a colonoscopy and found the severely advanced cancer.” I assume she definitely did win the case on remand. This is almost exactly like the claim I prepared for a vet friend of mine. He did not have a private doctor, and all of his care came from the same VA that malpracticed on my husband, but based on a brief conversation with him, after he got out of the Buffalo VAMC, I knew the VA had almost killed him...too I didn’t even need to see his medical records. The claim I wrote was 2 brief paragraphs. I referred VA in the claim to his most recent hospitalization records, discharge certificate ,and the last diagnosis from the local VAMC that prompted his recent hospitalization at a different VAMC. The claim was for Colon cancer,and full colostomy,under 1151, and was awarded 100% P & T under 1151. It didn’t take long for them to award. It was prime facie malpractice.Most 1151 cases are not that easy. And 99% need strong IMO/IMEs His case and the widow above are the only successful 1151 rectal/ colonrectal cancer claims I know of.
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  48. Faith123, Maybe I should try to find that Marine who stopped me in the process of cutting my wrists. Since no report was officially filed, that I can find, and I wasn't sent for MH evaluation or even a medical evaluation. Don't know if I can put myself through that though. Maybe call the base chapel, see if the Chaplains kept records of all counseling sessions, be it once or multiple times. Happened 22 years ago, would just be a "hail mary" shot in the dark.
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  49. When you go on your MHV, go to BLUE Button. Do you know approximately when your C & P Exam was held, it was at your VMC, right? 1. If so, click on the "Customized" for your download. 2. Then put in the approximate Dates of your Exam, allowing about 2 weeks after the Exam Date. 3. check the box for Treatment Notes (Clinician Treatment Notes). 4. Don't check any other Boxes, additional info will just get in your way. 5. Hit the Submit Button. If your C & P Exam was held at your VMC since about 01/2013, your C & P DBQ should be in your Treatment Notes. In the event that you still don't see it, visit your VMC Medical Record Office, they'll hook you up. Ask the window clerk for just the copy of the C & P DBQ. While your there, ask for your complete VMC Med Record on CD, always helpful for future reference. Semper Fi
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  50. Everyone helping a vet on TDIU claim should read this, and of course the veteran doing their own claim! Stillhere
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