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broncovet last won the day on February 14

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About broncovet

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  1. Based on what you posted, you should get P and T. Apparently your doctor said the condition had not improved since 2006...that should suffice (but you know how VA is).
  2. First, you will have to wait for the letter from VA, but it does give you some time. You said your rating was "not protected", but lots of people dont even know what that is. Did you, for example, know your rating has "protections" after 5 years, and you dont have to wait the 10 or even 20 years. (Tho the 10 and 20 year protections are even better.) On another site, I got into an arguement with a guy who inisisted there was not such thing as a "5 year" rating protection. For you I will copy the regulation that explains the 5 year protection: (Notice the "protections" in 3.344 a and b apply if you have been rated over 5 years; see (3.344 C, below: in bold) . 3.344 Stabilization of disability evaluations. (a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of VeteransAffairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind. (b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made. (c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.
  3. There is a "statuatory" housebound when you have 100% plus another 60%. YOu will just have to wait for the decision to decide if/what you want to appeal, if anything. You can refuse VA benefits..none are mandantory. But you better think hard before you refuse them. Better to accept the money and donate it to your church if you dont need it.
  4. Several vet advocates do "not" Recommend using ebenefits, for some very good reasons, one of which you pointed out! Another good reason is that its unreliable, distracting, time wasting, etc. "A watched pot never boils". Its like staring at a teapot waiting impatiently for it to boil. Worse, its like watching paint dry. Better is to get a hobby and consume yourself with your hobby. Go fishing. Play Golf. Go visit your children, friends, grandchildren. Go to church. Spend time on/with your spouse. Ask about her needs. Help her with her problems and you will forget about yours. Read a good book. Better yet, write one. Laff. Just about anything is better than worrying about your ebenefits/claim. Worry never robs tommorrow of its sorrow, only today of its happiness.
  5. A cue is a cue if the regulations are violated at the time. A change in regulations, such as the mandantory 526 Form, TDIU form, or NOD form should not hurt the Veteran if he became eligible for the applicable benefit BEFORE these forms were mandantory. Cue is very specific in that the regulations would need to have been violated AT the time, not on todays regulations. The VEteran can not be faulted for failing to be able to accurately predict that Senator Ryan would require a specific form be filed in the future, when no specific form was previously required. We dont have to retroactively file form 526 forms on benefits we have either already received, or, we feel we should have received. Of course, filing the applicable form 526, NOD form, etc, is a good thing. But I dont see VA being able to stick an effective date denial for not filing the applicable form, when that form was not required in the past, when we may have became eligible for said benefits.
  6. 1. YOu can request it, but it will need documented for an award. What does your medical records say? Did you apply for plantar fasciatis? 2. You should apply for an increase if it gets worse, yes, but you wont get any additional benefits until its documented. 3. This is a question you need to ask yourself. If your PTSD (if you have it) is severe enough to bother you, then you should apply, recognizing that it may not help your career. Its a trade off. Or, you can keep quiet about it and keep your job. They shouldnt fire you for PTSD, but it wont help you get a Top Secret Clearance. We cant decide which is best for you, but you will decide. If you can work, with symptoms of PTSD, I recommend doing just that. Only when it becomes severe enough that you seriously need help, then you will know its time to apply..even tho it may not help your career. They may have trouble firing you for PTSD symptoms..but if they do, then you should be able to get TDIU if you are unemployable.
  7. Yes, and yes. YOu need to order a copy of your cfile. The effective date is the later of the "date you applied" or the facts found. (The date the doc said you became disabled.) You also need to timely file a nod disputing the effective date. If you post the reasons that they gave you for the effective date, in the decision, it may help us to help you on how to word your appeal.
  8. There are 2 issues here: 1. I guess you are asking if VA "combined" the ratings correctly. If you post what they are, then we can combine them and see if we get 80% or something else. 2. The criteria. If you have been lowballed, then the procedure is to file a NOD. I am unfamiliar with dental ratings above 80%..but, of course, I dont know your medical history.
  9. You have 365 days to appeal a claim. The VA picks up the NOD's which are 366 days or more old, stamps "claim denied as it is not timely filed" on them all. But there are loopholes!! An important one is 38 CFR 3.156 "new and material evidence". Do you have "new service records"? See 38 CFR 3.156 C. If you do, then file those and it should preserve your effective date if the claim is awarded. Also, did you submit "new evidence" within the appeal period? That can also preserve your effective date. Se 38 CFR 3.156 B
  10. I read Ben Krause article, and some of the comments. Its very bad. Apparently there were hundreds of thousands of claims "not in the system" and, after those were added, the BVA backlog will be about 6 or 7 years. I think longer. Many of the Veterans wont be still alive by the time their appeal is decided and implemented.
  11. According to this comment poster at Ben Krause website, the backlog at BVA just got worse...way worse, and now stands at 6 to 7 years: Source: Ben Krause website, comments:
  12. Start with a NOVA lawyer. You can search here: Im using Julie Glover of Glover Luck in Dallas Texas, even tho Texas is a long way away from me. I have been pleased with Ms. Glover so far. She has won a JMR, and got 6000 in attorney fees paid by EAJA, that I wont have to pay, ever. Since she charges 20%, that means unless I get MORE than 30,000 in retro, I will pay "0" attorney fees, and only 20 percent for anything over 30,000 in retro. I could not find a competent experienced VA lawyer in my state.
  13. Jeannie...I am so sorry for your loss. Jeannie posted: While you also mentioned a (recent) colonoscopy, this sounds like more than just coincidence to me. In police forensics, some famous people say "There are no coincidences". Berta is an expert at widows benefits, and I suggest you take her advice. It might be a great time to see a lawyer... Im no doctor, but this smells like some bad medical care somewhere....
  14. I seem to recall a (hadit) vet who filed a CUE for VA "failing to adjucate SMC S" when awarded a single 100 percent disability and (VA) did not adjuticate SMC S" per the M21 Berta cited. From what I recall, the VEteran got his SMC S and retro. I wish I could recall who it was. Maybe someone else remembers. I agree that entitlement to SMC S is inferred whenever the Vet meets the criteria, BUT, the question remains as to what to do when VA DOES NOT infer SMC S, as required. (It seems VA gets away with not following its own rules, even tho that is not supposed to be the case). It may be best to "not" file a Cue, but to file for SMC S. That is what I did, but, if they dont backdate it, then CUE is a real possibility, because VA violated their own regulations by not adjuticating SMC S. (According to the M21 Berta cited, the Veteran need not be "100 plus 60", because another real possibility is housebound in fact, reminding you that if a Vet is NOT working, then he wont be leaving the home "for work", as in Howell.)
  15. Given what you posted, its unlikely to be backdated to your seperation date. VA is vicious when it comes to enforcing rules as long as those rules benefit Vets. HOwever, your effective date is the later of the date you applied or the "facts found", with some exceptions, only " one" of which you pointed out (when the Vet applies within a year of discharge). Effective dates are complicated, and dont always turn on just ONE thing. There are other things which could result in an earlier effective date. Example one: Informal claims. If you had a doctor exam, then there are some circumstances when that exam becomes the date of an informal claim. Example TWO: 38 CFR 3.156. If you submitted new and material evidence with a "pending claim", that can becomome your effective date. You should consider taking your file to a NOVA attorney and ask that attorney if there is anything in your file that would warrant an earlier effective date.