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Everything posted by gba
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They scheduled me for a C&P exam after I filed a pact act claim.. The examiner stated Hep C was cured. I am 100% for hep c. I informed the examiner that the side effects of interferon continues. Also, hypertension was discussed. The results were in normal range. Hep C is controlled with two medications. The pact act claim prompted the C&P. Serious spikes in Blood pressure has resulted in frequent visits to ER. Hep C and sleep apnea was added to my claim afte I would appreciate information and clarification. Thank You GBA
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In 2017, the Veterans administration audited my benefits. It was determined that I received an overpayment of 39,000. Waivers were denied. In 2018 I filed an appeal. I presented evidence which my audit. The evidence was available on the E-benefits page outlining payment history. I was granted my appeal after 2 years and 24,000 dollars reduction of benefits. The financial hardships are heavy. I am single. Cant imagine the impact on a family. This is a success because I decided to follow my initial instinct. Not sure about the return of deductions. Haven't received paperwork. Good fortune to all especially to families. GBA
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Received C- file Need Assistance with reviewing. Advice and assistance with legal support would be appreciated thanks a bunch GBA
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Received decision today. Sleep Apnea secondary to PTSD denied. Reviewed records from 2012 to 2018. C&P exam on 10/18/2018 not mentioned. The results from C&P exam are listed on the Blue Button site. The results acknowledged all sympoms of sleep apnea. Should the C&P exam results been included in the decision? Thank You GBA
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I understand. Just a Question.No expectations. The VA cannot/should not make decisions based on assumptions. Cracking down sounds like made up minds.. Thanks for your response
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Audit
gba replied to gba's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
I made an error. It is the debt management center of Dept. of Veterans affairs. I am life time member of both VFW and DAV. Thank you for your rapid response GBA -
Had DRO hearing for Sleep Apnea secondary to PTSD (70%) in 2015. Claim sent to BVA in 2016. Invited to RAMP this year. Completed claim but recognized duty to assist was not included. Last month, I received a call from VA hospital informing me of a scheduled C&P appointment with a doctor from the regional office. I have a VA supplied C p machine. I had three sleep studies at the VA and a letter from a private sleep therapist DR. Anyone familiar with the procedure involving sleep apnea C&P. thank you GBA
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Audit
gba posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Office of management and budget audited my account. A waiver request was denied. The VA claimed that retro payment in error. They began deducting 1000 out of my benefit pay. Because I was doubtful of the audit results, I reviewed my pay history on e-benefits and discovered evidence that contradicted the audit. The VA claimed that the decision was based on my claim folder and previous award letter. A review of my pay history and the recent awards letter was not mentioned as a evidence in the decision to attach my monthly benefit. Because I had outstanding appeals, the retro payment made sense. I contacted the 800# who verified that the payment was legitimate. I payed outstanding debts and payed off my car note. My joy was interrupted by the Office of management and budgets' claim that the pay was an error. I have crunched the numbers and I am certain of the VA'error. I have completed the form 9. Should this form be sent thru the usual system, This would mean a long wait for any decision. Meanwhile I am in deeper financial waters. My credit score has dropped. My benefit includes aid and attendance. The reduction erased that allowance. Any suggestions would be greatly appreciated. Thank you GBA -
thanks for the clarification
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What is P 1? E Benefits shows that I am at the P-1 level. My benefit is L 1/2. I cant find P 1 on the chart. Any clarification is greatly appreciated. Thank yu.
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After 6 years, BVA approved claims forPTSD increase (50% to 70% ) and A&A. Recieved documents from BVA on April 7,2016. I had decided to wait for award letter from Regional Office. Paranoia awakened after discussions with fellow Vets who carry loads of VA induced doubt and suspicions. Mixed reactions regarding amount and time frame of retro payments. The claims are approved for the entire appoliate period. I have tremendous respect for friends who are "counseling" me. However, they cannot offer untainted advice. I have been told that it will take months before my award is processed. Is this a reality? I am grateful for the decision but paranoia is awake. thank you gba
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ptsd BVA APPROVAL
gba replied to gba's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Absolutely! Every piece of submitted evidence was supported by 38 cfr regs. Its amazing how raters ease those decisions around and thru the regulations. Veterans have died on the streets, on mental wards and prisons because of indifference and downright meanness. Hopefully, my outcome will inspire others to hold on a bit longer. Remember, its a waiting game. If you are a VV--some may feel that you are on your way out. Say no to that. Stay around until you have to crawl to the bank. GBA -
ptsd BVA APPROVAL
gba posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
In 2009, claims for PTSD increase and A&A /Housebound were denied. Today, I recieved notice of approval for both claims. Claims were approved for the "entire appellate period". It was not my endurance alone that made the struggle worthwhile; the Hadit community offered support and superior guidance during a very difficult period. thank you gba -
ptsd DRO and Appeal
gba replied to gba's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Your detailed response is appreciated. A prime example of veterans who continue to serve their fellow vets. I will follow your suggestions and will post the results. Thank you GBA -
ptsd DRO and Appeal
gba replied to gba's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Yes! The meeting DRO was in Nov 2015 and the Video hearing with BVA was held in Jan 2016. The DAV was aware of the BVA hearing when I met with him in Nov. Because the claims were seperate and different I would have to have seperate hearings. My question is it possible that both claims wiil be reviewed at the same time. The claim from the BVA hearing is with the VLJ gba -
Face to Face DRO meeting in Nov of 2015.regarding appeal for Sleep Apnea/PTSD connection. Had two sleep studies at VA resulting in C-PAP since 2011.This meeting was productive in that the DRO acknowledged the documentantion from the sleep clinic and the fact that I was on C-PAP. Also nexus letter from a provate doctor who stated that psych notes indicate a relation between Sleep Apnea and PTSD. Jan 2016 had hearing with VLJ. That claim is currently under review at BVA by a VLJ. At different stages can these claims impact one another? thanks for the support GBA
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C-FILE
gba replied to gba's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
You can't make any clearer--thank yu -
C-FILE
gba posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
When reviewing your claim, will BVA/VJL consider most recent notations or just the entries to the point of your hearing?----gba -
Had meeting with Law Judge in Jan 2016. Claim substantiated/form 9 in 2010. Currently waiting on review by Law Judge. Since that meeting, major changes in health status. Hospitalized in early March with COPD exarcerbation for three days. Discharged with oxygen and consult for home care assistance. My appeal is for increase in PTSD currently 50% and aid and attendance/housebound. My question--will the judge review current medical records. I am on oxygen with cpap and nebulizer tx. Thanks for your response. gba
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ptsd evidence
gba posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
The VA did failed to consider all available evidence in the C-file. Results of C&P exam and Mental Health Status Report from Va Dept. of Rehab Services were not reviewed by rating team. My list of medications were not mentioned in the SOC. Social security Disability was approved in part with information from the VA including the C&P exam. My claim for increase from 50% for PTSD was denied. The VA selected a single sentence from the C&P exam to justify its denial. " You have a history of suicidal ideation but itis not recent." There are 4 pages of information in that report This includes a list of psychotropic medications. I discussed this during the video conference. Is there an oblogation for the judge to review this information? gba