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ferris7060

Third Class Petty Officers
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About ferris7060

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  1. I got my packet today after learning I got 100% 2 days ago. Which I am very grateful for...HOWEVER... I asked for a reconsideration on a claim started August 2010. I got the denial of that decision in August 2011. Asked for a reconsideration on that decision within 2 weeks. Sent them only old information that they should have already had as NEW evidence. They approved the claim within 2 months. NO BACKPAY WHAT SO EVER! They opened a new claim the same day I asked for a reconsideration of the crap decision. The *new* evidence I sent was an OLD decision from 2008 that listed 12 different appts. where migraines were complained of. How do they get away with this stuff? The decision maker for the reconsideration called me himself to ask what it was I wanted "reconsidered". I said the entire IU claim. And now all of a sudden its a new claim for increase. I am so tired of this battle I could scream. Also, I feel so grateful for someone finally admitting that I can't work, that I HATE to get into this again. But, give up $20,000? Everytime I called the 1-800# during this reconsideration they could all clearly see that I had opened a reconsideration not a new claim.
  2. Jumped the gun, I am P&T. When I got the actual paperwork for my decision it said it black and white, I also got the brochure for education benefits and ChampVA. AWESOME!!!!! Thanks to all who answered. Patience never has been a virtue of mine.
  3. I just got 100% IU and thought my kids could go to school for free as long as they went in the State of Maine. Now I'm wondering because everything I'm finding sounds like you have to be P&T. Is that the case for the education benefits?
  4. Well, just got off the phone with my rep and he read me the official reconsideration decision. 100% IU!!! I applied for IU on 8/12/10. Got denied and a proposal to decrease my Raynauds from 40% to 10% to boot. BAD DAY IN MY HOUSE! Asked for a reconsideration hearing. I thought I was waiting for a hearing date, but when I checked ebenefits it said the case was in notification yesterday, and closed today. I called my rep, pretty upset thinking that they had just ignored my request for a hearing and denied IU and most likely even took my Raynauds. But he read me the decision. Raynauds was NOT reduced. Migraines went from 30% to 50%, and IU was granted :) I LOVE Togus...always have. I knew I was screwed when they sent the claim to Buffolo for a decision and I was right, but Togus decided the reconsideration. The only "new" evidence I submitted was something they should have looked at in the first place because I asked them to- a decision from 08' with highlighted statements about the regularity of my migraine headaches and 12 different appt dates where migraines were addressed (which the 8/12/11 decision stated I had no proof of even complaining about until my latest C&P exam). It is a good day in my world, 10 years from the very date that I flew out of Maine for boot camp! AND only about two months from the date of getting the denial!
  5. I'm not saying at all that the VA puts any weight in their own regulations, they don't, as far as there being any consequences to them, or anything favorable to you if they don't apply them. I am going to request today, but I agree that it's probably too late. Under the auspices of VA’s duty to assist, itmust advise the veteran about the types of evidence – medical and nonmedical –that the veteran should submit to avoid a reduction in the disability rating. VA must inform veteran about right to a Predetermination Hearing. If the veteran wants one, he or she must request it within 30 days of notice. See 38 CFR § 3.105(i).
  6. One of my problems is, they NEVER SENT ME ANYTHING! It was writen in the decision that reduction was proposed, but no letter since. Nothing about what to do next or even a formal letter saying they were doing it. Just the decision that said at the end, this is proposed, you have 60 days to submit additional evidence. I did not know I could even have a hearing, let alone I only had 30 days to tell them I wanted a hearing. I am SERIOUSLY disliking the VA right now. I used the word evil last week, and kinda got some heat, but I'm leaning towards it again. My VSO keeps telling me I can't have a hearing for the reduction (smart guy, I should really trust him).
  7. Thank you. I just got an IU decision on August 23rd. It denied IU basically because it denied I had any Migraine headaches (although I am QUITE confident of my Migraine proof). In that same decision they proposed a reduction in Raynauds. I want to know if I can request the reduction hearing AND apeal the entire decision at the same time, or if I have to wait until the reduction hearing decision before appealing the entire decision. Since Raynauds is involved in both.
  8. I got a decision that I completely disagree with. I have two problems, one they proposed to reduce my 40% for Raynaud's, and two they completely ignored ALL evidence for my migraines. I have already asked questions on here regarding both of those things. What I am wondering now is, can I BOTH file for a hearing in my reduction of Raynauds AND file an NOD for the entire decision. I'd hate to put my appeal of the entire decision on hold waiting for the Raynauds reduction hearing. But, I have to act on the Raynauds now as they will execute the reduction quickly if not. Also, I read somewhere that you cannot CUE if you still have the option of appealing the claim, is that true?
  9. Your right, I should have had a management plan all along. I do feel completely ignorant that I didn't see this coming. I felt that I was doing what the last Rheumatologist I saw told me to do, and symptoms had not improved, so that was it, just live my life. The lesson is learned that when dealing with the VA always have proof, proof, proof. I'll do the best I can to turn it around. If it does get taken I will have more proof then I would ever need to get it back- but it will be a lengthy process.
  10. I'm going in first thing Monday to request the hearing. Them that will give me the time to get into the Rheumatologist. When I was in the military I went every morning, as requested by a Rhematologist) and showed them my hands- morning dampness brings it on everytime. He noted each day that attack was present. What I really need is the same commitment from my physician, but I'll never get it. I could show it daily until the hearing simply by not wearing gloves and driving there. Knowledge IS power. Although I hate the situation, and I'm horrified that it might not give me the results I need, I still really enjoy looking up the laws and finding the ones that fit my situation. I can see now why people on here continue to post and help long after thier own battle is won.
  11. This WAS long, and I am glad that it was because I found a huge amount of useful information Several 38 CFR laws talked about in this article could be golden in this: One states that the exam used to propose reduction must be as thorough as the one that diagnosed it. I had a 20 minute exam, and my hands were only glanced at. I had MONTHS of tests being physically done on my hands in order to be diagnosed. I have all the records. Another states that any improvement has to be able to be maintianed under "ordinary" conditions of life. The examiner misquoted me as saying I get attacks once a week rather than daily (I said I get an unbearable attack once weekly, and painful attacks daily. Anyway examiner went on for 3 paragrapghs about the measures I take to live with Raynauds. One of those was do not go outside for more than 5 minues in the winter...ever! Wear gloves inside the house. Avoid any damp weather, avoid any tempurature change at all (like sun to shade, or sun to cloudy. Only touch a cold can with a glove or doubled up napkin. And then I said, Because I have such neck problems, migraines, and Raynaud's I pretty much just stay home all the time under a blanket watching movies. DEFINATELY not ordinary conditions of life. Is disability prone to temporary and episodic improvement? Raynauds - I could print them a book about that one. Thanks so much- I think you may have saved my house.
  12. I found it... thank you. And thank you for all your advice. I'll be looking into it all!
  13. I thought it was 60 days to state that you disagreed, but they worded it in the desicion, you are provided 60 days to provide evidence showing that this reduction is not warranted. So, I called the 1-800# and they said I would automatically lose benefits if I did not provide proof within the time given. I asked about the fact that I planned to appeal or NOD and she said that would not stop the benefits from being taken. (Tried to contact my rep, but left mess- no reponse). Sounds like this my be classic 1-800# crap. If so, it would REALLY make my day. I have not been able to breath over this.
  14. Thank you for responding. I am always amazed on here when people write such long and well thought out replies to a person they don't even know. You've given me even more to think about. I hate to ask, but I have added another post about 60 days to disprove decrease, is there anyway, whenever you find the time, you could tell me what you think? Thanks again!
  15. I have posted recently about several things wrong with my IU decision, it's complicated, and a confusing mess. So, I wanted to start on new topic to concentrate on a very serious part of the decision. I was diagnosed and discharged from the Army back in 2004. I did not want this and tried to avoid it, but doctors believed that my Raynauds (a circulatory disorder that causes my hands (and occasionaly my feet, nose, ears) to lose circulation, turn white, red, and sometimes grayish/purple. It is very painful and burns as the blood returns. Anyway, I was diagnosed for this by Reumatologists MANY different times between 2003- 2005. I had test after tests and all came back severe Raynauds Phenomenon. I tried many medications, some just plain did not work, others elevated my blood pressure (already service connected for hypertention, the last thing I needed was to elevate it more. And some caused severe leg cramping. (all results noted in my record by doctors). The last Rheumatology appt I had for Raynauds was back in 05. The doctor told me that we had tried everything and medication for this was not going to work for me. He told me that lifestyle change would be the best treatment. Wear gloves outside and inside if needed, limit outdoor activities in the winter to 5 minutes, shower in luke warm water rather than hot, use napkins or gloves when handling cold objects (especially metal), avoid any sudden temp changes even in the summer, and always layer my clothing. I have continued to do all these things and mention so whenever asked about Raynauds. In 2005, my Raynauds went from temporary to permanent, and I have naver heard a thing about it since. To me, it seemed rediculous to make regular appts for this when I've already been told there is nothing they can do for me. (I guess I see now why I should have done just that regardless). My Raynauds has never changed for any extended period of time. I have the occasional week or two (in the summer) where I have less attacks, but it always returns to daily, in the winter its often several in a day). The examiner wrote everything I said about all the precautions I have to take, and all sounded good, until he wrote that attacks happen once a week. They proposed a reduce from 40% to 10%. I have 60 days to prove otherwise or it will be gone. 2 weeks have already passed. I CANNOT get into a Rheumatologist appt. in Maine in that amount of time. I have tried and tried. I have an appointment with my primary doctor Wed. to get a referral (none will see me without one), but I've already spoken to the VA rheumatology office, and they said they'd try, but couldn't promise an appt. in that time period. Because it really does happen EVERYDAY I have thought about taking pictures of my fingers (they get very clearly discolored) on top of a dated newspaper to show the frequency, but my VSO doesn't think they'll go for that. I would get an opinion from my doctor, but he's a stubborn old school vet who doesn't think anyone should be compensated for anything...ever, especially someone my age. ( I live in Bangor Maine, we only have a couple VA docs). Is there ANY WAY to get additional time to prove this? Its so unfair to have them give 60 days when I can't be seen in that amount of time. I can prove my Raynauds anytime and anyplace. It is so bad that if I wash my hands in cold water I get an attack. If a rheumatologist saw how easily I get an attack they would automatically know there would be no way to prevent it from happening daily. If they reduce me to this extent, I could lose my house.
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