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    • Hey Andyman, the PCP opinion could work, but at the same time, I see two many ways for a va rater to get around it. A Independent Medical Expert Opinion along with the PCP opinion, does not give a va rater any wiggle room. Sure they could still deny it, but as soon as it reaches BVA it would be approve, because of the IMO. IMO probably could save you about 3-4 years (that's my opinion)
    • @john999 yes! I am on SSDI for bladder trauma
    • Yes,  they most certainly do rate for secondary conditions and you usually have to claim them formally and then provide proof of the connection to some already accepted condition.  If you can afford to wait this will eventually be good for your overall rating.  If you get 100% for the MST the other conditions may set you up for SMC "S" housebound.   I know it is hell to wait for deferred ratings.  If it take too long maybe you can prod them. I filed an NOD when they kept deferring a certain rating for an SMC claim.  I just got tired of waiting and filed a NOD on the basis of making me wait endlessly for my money.  There was no question about the rating only about the money which the VA was holding onto as long as possible.  Why they would defer your MST rating for a bladder rating is just for their purposes to make their jobs easier.   How serious is your bladder trauma? Would it be as high as 60% perhaps?
    • Andyman73, yes in my opinion this would be helpful. I would grab ALL medical notes appointments pertaining to this issue. Submit docs with your new claim for secondary.. Keep getting treatment & records from that tx as you go and it will all fall into place. Just my opinion..
    • HELLO ALL! LITTLE UPDATE.  JUST CHECKED EBENEFITS AND MY PTSD/MST IS DEFERRED BECAUSE THEY SCHEDULED A BLADDER TRAUMA C&P,  THEY ALREADY HAVE ALL INFO FROM PRIVATE PHYSICIANS.  DO THEY JUST WANT AN OPINION FROM A VA DOCTOR?  THEY RATED ME 30% FOR BOTH ANKLES AND TINNITUS.  THE BLADDER TRAUMA IS SECONDARY TO THE MST.  WHAT IS THE DEAL WITH SECONDARY CONDITIONS? DO THEY RATE YOU FOR THAT?  THIS IS ALL SO CONFUSING. 





Berta

Vbm

31 posts in this topic

I have been so busy I forgot to post this recent statement at the NVLSP web site-

I have used the VBM since 1991 and cannot imagine being here at hadit without it on my PC desk-it helped me win all of my claims.

This is a great honor for NVLSP and most importantly- if you have the VBM you can use any citations from it regarding the legal nuances of VA case law and regulations.I havent read Holton yet but recently I quoted NVLSP's Nehmer decision to the OGC who then quoted Nehmer to the RO -in writing and for the first time in 8 months the VA began to apply Nehmer to my claim.The RO refused to acknowledge my numerous requests submissions of this important case asking for application of Nehmer Class Action case (won by NVLSP) regarding all AO vets and widows.

It was a deliberate VARO attempt to continue to withhold my retroactive DIC under the Nehmer COurt Order.

They could have been sanctioned for that if it had gone on any longer.

“FEDERAL CIRCUIT COURT OF APPEALS CITES NVLSP’S VETERANS BENEFITS MANUAL AS AUTHORITY FOR VETERANS LAW

Federal courts always include in their written decisions citations to authorities of law that support the court’s rulings. Usually these citations are to one or more statutes, regulations, or past court decisions. But sometimes, the courts cite well-recognized treatises as support for their rulings.

In its March 2009 decision in Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009), the U.S. Court of Appeals for the Federal Circuit cited to both a statute and NVLSP’s Veterans Benefits Manual for the legal proposition that in order to receive disability compensation, a veteran must generally show, among other things, that it was at least as likely as not that he suffered an injury or contracted a disease while in service.”

Source : NVLSP web site

Edited by Berta

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Berta

Thank you this is very important.

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I have the new VBM and it's been very informative.

Jerr

I have been so busy I forgot to post this recent statement at the NVLSP web site-

I have used the VBM since 1991 and cannot imagine being here at hadit without it on my PC desk-it helped me win all of my claims.

This is a great honor for NVLSP and most importantly- if you have the VBM you can use any citations from it regarding the legal nuances of VA case law and regulations.I havent read Holton yet but recently I quoted NVLSP's Nehmer decision to the OGC who then quoted Nehmer to the RO -in writing and for the first time in 8 months the VA began to apply Nehmer to my claim.The RO refused to acknowledge my numerous requests submissions of this important case asking for application of Nehmer Class Action case (won by NVLSP) regarding all AO vets and widows.

It was a deliberate VARO attempt to continue to withhold my retroactive DIC under the Nehmer COurt Order.

They could have been sanctioned for that if it had gone on any longer.

“FEDERAL CIRCUIT COURT OF APPEALS CITES NVLSP’S VETERANS BENEFITS MANUAL AS AUTHORITY FOR VETERANS LAW

Federal courts always include in their written decisions citations to authorities of law that support the court’s rulings. Usually these citations are to one or more statutes, regulations, or past court decisions. But sometimes, the courts cite well-recognized treatises as support for their rulings.

In its March 2009 decision in Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009), the U.S. Court of Appeals for the Federal Circuit cited to both a statute and NVLSP’s Veterans Benefits Manual for the legal proposition that in order to receive disability compensation, a veteran must generally show, among other things, that it was at least as likely as not that he suffered an injury or contracted a disease while in service.”

Source : NVLSP web site

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Berta,

I also have MY copy of the NVLSP VBM publication withing arms reach.

It's lying on my desk at the VAMC as we speak.

A gift from a dear friend! And, a help for more than one veteran, so far! B)

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Well, I cant afford the VBM right now, even tho it would be useful to me. Is it possible someone post a section on the VBM dealing with EED, especially with informal claims when the Veteran tells his VA doctor he has another SC condition. Thanks.

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Bronco

You can buy used editions of the VBM. Most of the info is the same. Information I got from the VBM led directly to my being sc'ed for CAD. I was reading about secondary conditions of DMII and the VBM had information that put me in a position to file a claim.

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