carlie

As usual - GREAT CUE post Berta. Your still tops in my book. Thanks for posting this one.

What all and exactly is stated in the R&B section of the decision. It should say quite a bit more than just, not service connected.

Fee Basis Fee Basis services. The Fee Basis Unit processes payment to non-VA providers who have been issued formal authorizations by the medical center to deliver care. For example, the Washington DC VA Medical Center does not provide certain women’s health services. When such services are determined necessary, a VA provider will initiate a consult, requesting approval to send the patient to a non-VA provider. If that request for an non-VA authorization is approved, the Fee Basis office will process payment to the provider after the services are provided. By law, VA payment for services not authorized in advance is strictly limited. Questions about non-VA care claims may be directed to the Fee Basis Unit between the hours of 8:00 a.m. and 4:00 p.m. The office located in room 1J154. The telephone number is 202-745-2473. http://www.washingtondc.va.gov/services/Fiscal_Service.asp **************** Veterans Choice What is the Choice Program? If you are already enrolled in VA health care, the Choice Program allows you to get health care from non-VA doctors. Using this program does NOT impact your existing VA health care, or any other VA benefit. Am I Eligible? If you are already enrolled in VA health care, you may be able to receive care from non-VA facilities, instead of waiting for a VA appointment or traveling to a VA facility. You are eligible if any of these situations apply to you: You have been (or will be) waiting more than 30 days for VA medical care You live more than 40 miles away from a VA medical care facility or face one of several excessive travel burdens. http://www.va.gov/opa/choiceact/

If your willing to post all of and exactly what is stated in the Reasons and Bases Section, minus personal info like name, address, etc..... this will allow members to chime in with the best answers possible. Just because one suffers with SA alone, does not necessarily warrant SC. We need the complete info for the denial. jmho

Usually, under these circumstances, someone higher than the PA such as an MD, will go over the findings and sign off on them. I do not remember of any credentialed specialist being needed for your type of disability, especially if ROM are involved, only that the examiner use a goniometer. Check out this bva remand for more info. http://www.va.gov/vetapp14/Files5/1442439.txt

Well, there's also SMC/K for a few extra bucks, but I wish that on no one :-) jmho

SUBMIT YOUR NOD IN A TIMELY FASHION or KISS AN EARLIER EFFECTIVE DATE GOOD-BYE.

Thanks to all for the updates. Im sorry, but all I can keep thinking and feeling is damnit ! Just Damnit all the way to hell and back and I sure hope his family can get the FULL benefits both he and they have earned. I just re-read over lots of the emails and messages Stretch and I sent one another, and am cursing myself more because I missed his last phone call to me..... DAMNIT !!!!!!!!! Is it possible to post a link to some of his guitar playing ?

I just dont understand why this topic is still being hijacked. jmho

It would be most helpful if you could scan and post all of and exactly what is stated in the decision that denied. Also, what type of discharge did you receive ?

How about posting exactly what your claim of CUE was submitted for. The exact legal error/s you feel they made and how if not for this error, it would have manifestly changed the outcome. Thanks

The quick answer is NOTHING is speeding up in the appeals area, that is except for tons more of them coming in. Your wait for a DRO hearing will most likely be scheduled 1-3 years from submission of the NOD and request for your hearing. jmho

Congrats on the positive adjudication. Be sure to access all additional benefits to include state and life insurance with the premiums waived. jmho

In complete agreement and enjoyed the humor of reality. jmho

Still in disbelief. Any updates yet on Mikes arrangements, obituary or funeral home arrangements ?

John, At Bed Bath and Beyond they have these things that really work great at helping keep you cool. I use one quite often and it stays cool for a couple of hours. http://www.bedbathandbeyond.com/store/product/mission-enduracool-trade-instant-cooling-towel/3272893?Keyword=cooling+towel+sponge

Good job.

Here's a link with some additional info and explanation. http://www.va.gov/vetapp14/Files4/1426510.txt "REMAND As stated above, in August 2013, the Veteran submitted a VA Form 21-22a, which appointed Christopher Loiacono of the National Veterans Disability Advocates, LLC as his representative. Since his appointment, the representative has not submitted any statements or a VA Form 646 (Statement of Accredited Representative in Appealed Case), pertaining to the issue on appeal. The Veteran is entitled to representation at all stages of an appeal. See 38 C.F.R. § 20.600. The AOJ must afford the representative the opportunity to execute a VA Form 646, prior to certification of the appeal to the Board "in all instances." 38 C.F.R. § 20.600; VA Adjudication Procedure Manual, M21-1, Part I, Chapter 5, Section F, Para. 27 (Aug. 4, 2009). While the record reflects that the representative was provided with a copy of the claims file in May 2014, the Veteran's representative must be provided the opportunity to offer written argument on his behalf."

Going to BVA I would surely submit any and all new / additional evidence I had available as long as it was not merely cumulative and it was both credible and probable, and was supportive of an issue under appeal. I would be most sure to list this evidence itemized on a VARO Waiver Of Consideration, and submit it to BVA. jmho

Hey T, I just came on line for a bit, read some posts, went to pay-pal and took care of some business. Hang in there and thanks for being here.

Nothing wrong with the post -

Contracted C&P examiners are nothing new - it's SOP and does not have to be done at a VAMC. You really have no options. There are only a few exams that are required to be done by specialists, such as Audiology, Dental, Mental Health. That's just the way it is. jmho

john, all i can say is ... sheet. sorry for the let down.

RSG, The way I'm seeing it - there should be a very good retro amount due. jmho

I do not see that this would fall under either on - 1151 or a tort claim. It would be a slip and fall on goobermint property, due to construction materials. If I were going to make a claim I personally would speak with a lawyer - asap. jmho