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broncovet last won the day on January 7

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About broncovet

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  1. Yes. You need to report to VA when you have a change is number of dependents, such as a divorce or remarriage. Of course, wait until the divorce/marriage is final. If you fail to report the divorce, you could likely get a way with it for a while, then you would owe VA money for overpayment. When I got a divorce, I sent VA a notice within a month. They kept on sending me the same amount for 2 years. Finally they said I owed them money. So I appealed the debt. I explained. Look, I told you about the dependent change 2 years ago, and you sat on it and did nothing. I spent the money and it would be a hardship for me to pay it back. They forgave the debt. I did what I was supposed to do (reported the change) and its not my fault it took them over 2 years to fix it. They sent me money and I assumed it was mine. However, if you dont tell them, things wont likely go well. They will collect that money and you wont get a paycheck, or a small one, until its paid back.
  2. 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."
  3. That depends. Read 38 CFR 3.156 to find out. It depends on a) whether the new evidence is new SERVICE records (3.156 C) or if the claim was "pending" when you submitted new evidence. If the claim was not pending (within the 12 month appeal period OR in some stage of appeals, after your timely nod), and it was NOT new "service" records, then you are correct, they go back to when the evidence was submitted. However, if the claim was "pending" (3.156 B), then it goes back to the beginnig of when you first applied. I do not know if 3.156 B or 3.156 C applies to you or not.
  4. You need to file a NOD on the RO decision which awarded 70%, disputing the effecitive date if its been within a year. File it on a formal NOD form, and ask for a DRO review or hearing if you like hearings. Do you have new evidence? Did you get a copy of your cfile, and do you know what evidence they used to award a 2016 date when you applied in 2002. Yes, it sounds like they hornswaggled you on the effective date..its typical for VA to do that. You can get your student loans forgiven BUT only if you get 100% P and T. As far as your job goes, I recommend you stay working as long as possible. Only when/if you can no longer work, should you apply for TDIU. To get IU you are gonna need to be not working and you ar e gonna need a doctor statment that the reason you can not work is due to SC PTSD. With the kind of retro you are discussing (14 years), its probably a good idea to consider a lawyer. You are talking a six figure retro award, and, the VA will likely fight you on this.
  5. Congratulations, Tbird. You deserve a promotion to "T-Eagle".
  6. It does not say what the diagnosis was, or if it involved the shoulder, the elbow, etc. But, even if it was BOTH the shoulder and the elbow, I find it hard to believe that 100% would be awarded absent an x ray or mri documentation, without some major hankey pankey at the Regional Office: Here is an example of a joint disorder rating: 5003 Arthritis, degenerative (hypertrophic or osteoarthritis): Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below: With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations 20 With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups 10 Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion. Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic codes 5013 to 5024, inclusive. Based on this, absent x ray evidence, I dont see how she could possbly be rated above 20 percent.
  7. 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.
  8. I recommend you simply wait. I always go with the, "Truthful lips are established forever, but a lie lasts only a moment". Pro. 12:19. If this is something you really need, and will help you, it will still do so a few months from now. PS. I did the same thing on a total knee replacement...I waited, and Im doing pretty good on my old bone and flesh knees, without plastic or metal replacements. In the interim do your homework and read everything you get your hands on about it, positive and negative. If somene says, "Oh, trust me I am with the VA and am here to help you." Remember, on more than one occassion Veterans were used as guinea pigs. If you are nervous about it, I recommend not doing it until you are very confident. As far as I know, ECT is not reversable just like total knee replacements are non reversable. I would humbly suggest you trythings that are reversable first. There is a reason why people call it a "Medical Practice", or "practicing medicine". Its because they dont know for shure how it will affect YOU. They can do studies, but wont know until you take it.
  9. Hopefully, you will see the pattern here: 1. In the 1960's, in Grand Junction Colorado and other places, the government assured residents that Uranium mill tailings were "safe" and gave them away to homeowners as free dirt good for filling in what ever holes in your yard that needed fill dirt, and backfilling your cement, and foundation. Years later, Grand Junction became a "Superfund" cleanup site when it was discovered that mill tailings emitted toxic radon gas, and other harmful cancer causing chemicals. It all had to be cleaned up and cost billions and billions to remove this radioactive soil. 2. You already mentioned Agent Orange and that government blooper. 3. Ask Alex Graham how safe Jet guns are for vaccinations. That is how he got killer Hep C, as did thousands and thousands of other Veterans. Remember, the government thought jet guns were safe. 4. Fast forward to Genetically modified food products. (GMO). The government says this is safe, but has not done any long term testing. Interestingly, other countries, such as Europe, and specifically England and other places GMO's are banned. There is no "mandantory labeling" of GMO corn or vegetables in England because these products are banned. All food in England is what we could consider "organic". They are healtier and live longer than we do. So, why is it not banned in the US? Lobbyists from the seed companies convinced the FDA these products are safe without any long term tests. The FDA bought it and here, we tried to at least force a label that identified whether food was GMO or not. It lost. The food companies dont even have to tell us if its GMO food or not. Do you see the pattern here???
  10. You asked if spouses of 100% Vets received healthcare at VA. To answer your question, you must first answer if its P and T. In your decision it should state whether or not any future exams are scheduled, and whether or not you are entitled to Ch. 35. If your decision states, "no future exams are scheduled" or "you/your dependents are eligible for CH. 35" this is VA speak for P and T. If you are P and T 100%, you can have your spouse go to the Va. My VAMC allows spouses of 100 percent P and T Vets to get health care there. But it is a decision made at the local VAMC level, since some VAMC's are so crowded its not a good idea to allow spouses also. YOur spouse should get CHAMPVA, which is some of the best health insurance available. Your spouse should apply for champva if you are P and T. In summary: 1. Check your dec ision to see if you are P and T, if you dont know. 2. If you are, your wife should apply for Champva health insurance. 3. Your wife can go to your local VAMC, and they will decide if she can get medical care there, based upon their criteria, probably how crowded your VAMC is. The idea is they dont want to turn away eligible VEts for spouses, if they are too crowded.
  11. Anxiety is a symptom of the other disabilities. Mental health disorders are rated on symptoms, once service connected. Did you appeal the rating? If you allege your symptoms are more severe than your rating suggests, then you should appeal if you have not already done so and if its in a year of your VARO decision. You can check the schedule of rating mental health disabilities and see how your symptoms line up. Symptoms are in 2 categories: 1 The degree that it affects employment, if any. That is, does your mental health disorders( SC) impair your ability to work, and to what degree? If you can not work, then you probably should get 100 percent OR TDIU unless your inability to work is more related to non service connected conditions. 2. Social impairment. Do you have good relationships with your spouse and family? Are you afraid to go out and meet people? The category for 100 percent is "total occupational (work) and social impairment". Again, if you are unable to maintain substantial gainful employment due to sc conditions, then you should apply for TDIU, if you have not already. If you are working full time, then it will be difficult for you to get 100% for mental disorders. You see, if you have "total occupational impairment" from your mental disorder, then you would not be working. "Working" means substantial gainful employment. If your neighbor pays you 20 bucks to cut his grass, that is not SGE. SGE is defined as your ability to earn the poverty level of income which is about 10,000 per year depending upon your number of dependents. In other words if you can not earn 10 grand in a year, you are not maintaining SGE. "Marginal" such as temporary or part time work that does not achieve the poverty level wont disqualify you from getting 100%. This said, you have to show unemployability for TDIU. Not just being unemployed. People get laid off for many reasons. Maybe your company has a reduction in force. That does not mean you can not work. A doctor needs to say, to the effect, that you are unable to maintain SGE due to sc conditions for you to get TDIU. If a doctor has told you this, then you should apply for TDIU and an increased rating pronto.
  12. This sounds like a "proposed reduction" letter. If they never sent a proposed reduction letter, they violated protocol and this should be reveresed on appeal. If its a proposed reduction, then you have a right to a hearing, and you should ask for one. Get you a grreat representatative, if you dont have one, and it sounds like you dont. Dont delay..ask for the hearing asap. You have to ask for the hearing on a proposed reduction in 60 days.
  13. My Father in Law had prostate surgurey. They implanted "seeds". He died of something else 20 years later. The key is early detection as it can spread. Sorry I have no personal experience at VA.
  14. People ask me all the time: "What would VA do when x happens?" The answer is always that VA is not a unified body, and VA will do whatever they please, when they please. Time and again they dont follow their own rules, but bend them to fit their own preferences. We dont know what the VA will/will not do, until after they have done it. I do agree with you that, if you the VA had an easy CUE denial, they would have done it, but not necessarily so, given what I just posted. VA goes their own way, with no accountability. Its one of my pet peeves...we should be able to expect VA to follow their regulations, but we cant, and we have to appeal. The burden is on us to compel the VA to comply with their own regulations. Otherwise, in a year the decision becomes final...even with the mistakes.
  15. Well, yes. Berta is a civilain, too, and look all the good she does for Veterans. Still, I would rather have a Veteran but there just were not qualified VEteran candidates available, that met Trump's criteria.