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    • Footnote One Nehmer (A0)
      38 CFR 3.307 (a)(2) is thrown out the window. They treated me for malaria, but just like described in all medical journals, when a victim is already infected, they "will have a reaction to chloroquine". The VA is denying every reason for me being hospitalized for a month. i told them before I was even admitted as an inpatient that I was eaten alive by misquotes because I had no net the first night or two in the Delta. A month for a chloroquine reaction? Really? Who would believe that? An entire month? A few hours, even a day, but a month? No what! sorry Berta, but it is still just a cover up, hiding the facts, and denying a large retro pay. That is all it has ever been.  Whem my claim was denied, they said Agent Orange "DID NO DAMAGE", and there was "THERE IS NO CAUSAL RELATIONSHIP YET ESTABLISHED///stop there. "Yet established". My claim was denied because they knew in 1968 that the diseases in the Delta were rampant, to the point it was affecting military operations. So, in my denial they did not list a single presumptive condition that is now law. Not one. Nothing was coded.  Time to lawyer up it seems. The VA is wrong, and every last cent I have will be spent proving it, it looks like. Time for the media!
    • Question about NOD wait time after applying.
      II will add this  if your homeless and have or show good reason you need your claim adjudicated  for hardship  they are suppose to speed up/ Expedite   your claim within 30 days.  other than that  they will take there time... The process of changing over to the digitized world is what is slowing down all the claims now...hopefully next year the change over will be done.
    • Question about NOD wait time after applying.
      Wayne Usually after you send in your NOD Request  DRO Hearing  it depends on how many  hearings is ahead of you?...I was let known about my Hearing in 2 months  when an where and time it would be after I sent in my NOD requesting the DRO Hearing.  but it just depends on how busy they are...my last claim  Waco RO sent my claim to Salt Lake City to have a decision made...this was last Jan/Feb 2016 The only explanation I can give  is the rater that read what your C&P examiner wrote down  ''skip your evidence'' he must not have read it?, ...what was their reason for denying your claim the first time? Anyway this is why we Have the DRO Hearings  its better to get your claim decided at the RO Level than wait in line at the BVA.  So the DRO can sort through all this and read your evidence you have now & Listen to you. and its your chance to tell him what you had at your C&P Exam ''clear evidence was right in front of him/her'' why was I denied?? you mention/ show a DRO that and I'll guarantee you will walk out of there knowing that your going to win your claim or increase or what ever....evidence is the whole key to winning your claim. Usually if a DRO Says I'll let ya know in 60 days  after your hearing this is not a good sign  because there unsure of a decision...and it could take a year or two or three. if you don't hear from them in 60 days after your hearing  I'd bug the hell out of them. until I got results.  you can say you did your part now do your part and make a decision on my claim  so that other veterans can get there claims adjudicated as well. Thank you Sir. Its just that some raters & C&P Examiners choose not to read it. I ask a DRO at my hearing one time after the Hearing was over  I ask him why in the hell didn't the C&P Doc read all my evidence?  and by him not reading it obviously I was denied...I ask him what will happen to that examiner? will he get fired? he said probably not...I said well what about all the lies he stated at my exam  will those documents go into my C-FILE ? HE SAID UNFORTUNATELY Yes they will but will never be used against you in any claim you file as this has been adjudicated  once adjudicated they can't go back.
    • Question about NOD wait time after applying.
      Navy 4 Life.......I requested a DRO Hearing.......I read a lot of opinions on here saying DRO Hearing is the way to go so you can challenge the evidence eyeball to eyeball in person.  My question is if my EVIDENCE submitted to DRO is clearly evident that a disability increase has exceeded the criteria for an increase why would I even need to wait all that time on Waco backlog (12-24 mos) for a Hearing date when clear cut evidence sits right there in front of him/her right now?????  This is the question I am still trying to understand / seek out if clear evidence makes any difference time-wise on an NOD to be granted an increase, and thus a Hearing would no longer be necessary (I assume) unless they simply wish to be blind to the evidence and facts to play out the string until a Hearing is set Thanks Wayne. 
    • Is this a cue?
      Ok i'm 100% now as of septermber 2015 but i was wondering my original claim I won sleep apnea and lost depression and anxiety. I filed an apeal for anxiety and depression and also filed a new claim depression anxiety secondary to sleap apnea. well 9 months went by and then they just closed my claim i called they said i had an appeal in for the same thing. I canceled my appeal refiled sleap apnea and depression secondary to sleap apnea and won. I took a break because all this has taken a toll on. me and i had been a 4 year battle because claims use to take 2 years. I think i should of won my original claim, is there anything I can do about this. thanks for all the advice
    • Question about NOD wait time after applying.
      Right now I think the hold up is them getting all documents digitized. The VA was suppose to get the wait time down to 125 days at the end of 2015..they missed that goal and now it looks like at the end of 2016. VBMS is a web-based, electronic claims processing solution complemented by improved business processes. It will assist in eliminating the existing claims backlog and serve as the technology platform for quicker, more accurate claims processing.  .........Buck
    • Question about NOD wait time after applying.
      I filed my NOD November 2014 and I inquired through IRIS and Under Secretary for Benefits in January 2016.  I got a hearing February 2016 with WACO.  I had the DRO hearing and I think it went well BUT now I am awaiting the decision for over 3 months. WACO is about 12-24 months for a DRO hearing. Did you request a DRO hearing in your NOD?
    • PTSD-MST Treatment(s)
      Yes - please utilize the above link- I had to write the statement for the Parole Board to assist in denying the parole for this inmate.  I made a lot of mistakes with my claim but self education has been essential and being proactive. God Bless.
    • PTSD-MST Treatment(s)
      mkah - check out this article  How to Write a Stressor Statement for a PTSD Claim for Veterans Disability Compensation

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Kirk

Kidney Transplant

11 posts in this topic

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,

Kirk

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Many people have tried to predict "what the VA will do" without success, in part, because the VA is famous for applying, or not applying regulations, in an inconsistent manner as they see fit. That being said, I dont think they will reduce your rating... I think they have to have "material improvement" to reduce a P and T rating.

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"Permanent and Total" actually refers to Non Service Connected Pension. I think what you meant was that you are service connected for renal failure evaluated at 100 percent.

Before I say anything more, have the doctors said anything about still needing dialysis (even if it's just LESS dialysis?) after the transplant?

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,

Kirk

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"Permanent and Total" actually refers to Non Service Connected Pension. I think what you meant was that you are service connected for renal failure evaluated at 100 percent.

I am 100% Permanent and Total AND Service Connected. You may want to check your Info.?

David

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You answered your own question. If the regs state that your condition will be re evaluated and you are no longer on Dialysis, then you should amd most likely be reduced to a level of disability that commesurates with your condition.

VA Comp may state Permanent and Total but nothing is permanent and total unless you fall under the 20 year rule.

There are protections for 10 years also but these protections are for severance of Service connection and do not touch periodic adjustments due to re evaluations.

James is actually correct as Permanent and total does not mean that the VA cannot examine you at will and reduce you upon improvement of a condition. Permanent and total for compensation purposes just means a condition is considered to be static with little room for improvement, but with a transplant, wether it be heart, Kidneys, or lungs, as long as they are successful does improve the conditon.

Hang in there.

J

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The regs say you are to be reviewed one year post op after a kidney transplant. The good news at best is that you're off dialysis and have at least one functioning kidney. The not so good news is that the VA will want to reduce your rating to 30%. I was working with a veteran who the VA overlooked for that one year post-op C & P exam, but they caught up with him 12 years later and ordered the examination, and then proposed to reduce him. The regs say that if a veteran has a rating for five or more years, the VA must prove evidence of sustained improvement, and it can't be based on just one exam. It also states that the follow-up exams must be as thorough as the original C & P exam that resulted in the vet's 100% rating.

He didn't want to go through the trouble of fighting the reduction, which was his choice, but I reminded him that the conditions that were secondary outcomes of the immunosuppressant drug therapy he had been taking for years, to include skin cancer, GERD, gall stones that led to surgery, and other conditions should be claimed. I haven't heard from him lately, so I hope he contacted a VSO or someone to follow through.

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He didn't want to go through the trouble of fighting the reduction, which was his choice, but I reminded him that the conditions that were secondary outcomes of the immunosuppressant drug therapy he had been taking for years, to include skin cancer, GERD, gall stones that led to surgery, and other conditions should be claimed. I haven't heard from him lately, so I hope he contacted a VSO or someone to follow through.

VAF

You hit the nail on the head. Although he is better without dialysis he still has a foreign kidney and lots of problems associated with them.

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The VA has to follow certain rules to reduce you. One of those is that they have to give you 60 days notice, also giving you a chance to protest the proposed reduction. One attorney recommended that, if the VA does send you notice of a proposed reduction, you ask for a hearing. One reason is that the time for a hearing gives you time. Its kind of nice for Vets to be on the recieving end of these long delays for a change. That is, you keep on recieving your benefits while the Va is scheduling you a hearing.

Probably some of the most credible information available about VA rating reductions is offered by Katrina Eagle, a Veterans attorney. Try this link:

http://jimstrickland912.com/Reductions.html

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Having read Katrina Eagles article again, I find it very interesting that, in reduction cases, the VA schedules a hearing in 2-3 months. However, if you are waiting on benefits, then it will probably be 2 to 3 years. All of the sudden, the VA finds a way to cut out the delays when it comes to rating reductions, but when it comes to approvals, the VA finds a way to delay. No wonder Vets are upset.

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Thanks to all who answered,

Broncovet, thanks for that link, very useful info there.

Kirk

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I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t.

Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated

Thanks,

Kirk

Kirk, I saw your post and just recalled that some patients get hypertension after a kidney transplant. If that happens you may want to consider filing a claim to service connect hypertension secondary to your service connected kidney condition.

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