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    • That is always the question, "What could they be doing NOW?" Regardless of DRO Review or Official Hearing, not unusual for the actual DRO to take 3 to 9 mos to mail out the Decision Letter. Take into consideration the possible size of any Retro Award. Anything over a certain figure, I think $25K, has to be signed off on by the Rating Dept MFIC. Plus or minus, I think your in the $24K range for SMC S back to 09. Then, there's always a possible Denial lurking around, which would require a SSOC be prepared to accompany your Denial Letter. Not much you can do at this point, just try to relax, the old "It is what it Is." I trust you have your Direct Deposit Bank/CU account set up for Immediate Txt/E-Mail notifications of all Financial Transactions. Retro Payments, in my experience (9 over past 6 yrs), always hit the bank well in advance of the actual Award Letter arriving. E-Ben is actually starting to show fairly Real Time Award Info. My last 2 Awards  12/15 & 6/22/16 were reference within a couple days of the Decision, followed closely by Retro Deposits. 12/15 Award letter didn't arrive till mid 04 and 06 award letter followed Retro Deposit by 1 day. Does your State have and are you getting the State DAV 100% or IU Property Tax Exemption? Semper Fi  
    • A couple of weeks ago, I was informed by the Nashville VR&E Regional Office that I was finally assigned a Vocational Rehabilitation Counselor (VRC) in Memphis.  After calling and getting the wrong departments for an hour and a half, I finally was able to talk to him.  From the beginning of the phone call he was extremely rude, because I must have interrupted his afternoon siesta.  I explained that I was trying to re-enter the VR&E program to beome trained in a career that I could work in.  He flat out lied and stated that the VR&E program is NOT for education, and I had to use GI BILL or VEAP benefits to go to college, and that the VR&E program does NOT provide any equipment either.  So I asked him if his statement was his official position, despite the fact that the VA Website and 38 USC Chapter 31 state that training is available, provided you meet the criteria.  He repeated that NO education is available through the VR&E program.  He also stated that his office is under-staffed, overworked, and he has appointments until October.  I asked him if that meant my initial appointment with him wasn't going to be until November, but that he was already telling me my request was going to be denied?  At this point, he asked my name and last four.  He told me I already have a Bachelors degree and nothing more is needed.  He then told me goodbye. I did not contact him to start a war, but he has drawn the line in the sand.  I have sent certified letters detailing his disregard for U.S. Code (Federal Law) to the Nashville VR&E office, and Washington VR&E office, apprising them of the situation.  I also contacted my Congressman, and have been assigned a Congressional Aide to follow this through at the Washington D.C. level.  I refuse to see the Memphis VRC or even be processed by that office.  So what should have been routine procedure, has now turned into a war with a tenured Government employee, who doesn't have a clue on the regulations of performing their job.
    • Update 20, I see I had a C&P yesterday.  Did not attend.  Like the last one. Veteran not needed. Hopefully I will see the examiners imput on myHealthyvet soon. Hamslice  
    • Why didn't you go outside on the Choice program if over 30 days? That is always my choice, if I have time. But now I have several appointments per week and it's more economical time wise, knocking out requirements in the VA hospital. It's so much easier having my personal tbi MSW priority schedule for me: she is smart and fast unlike me :-) It doesn't sound like your dental is doing too good. We don't have a real swift one either. The dentist talked a good game, cried about how busy she was, and was dead wrong on my diagnosis for Chapter 31 dental care I should have received that cost me on my bill. After 2 years wasted trying to get my $400 back after insurance I had to buy ($75/mo!), I just said screw it when the head of the hospital started delaying me. I thought it poor leadership.
    • I STAND CORRECTED ON MY PART OF THIS POST   YOU NEED NEW & MATERIAL EVIDENCE  AFTER   A FINAL DECISION IS MADE..OR  USUALLY REOPEN CLAIM. NOD is usually for R.O. DRO Hearings and BVA JOHN999 IS CORRECT





rickj55

Abestos Lung Desease And Copd

11 posts in this topic

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

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If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Here is the reg you need to use: That decision was flawed.

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D11IwLA1

Basser

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Good Luck. My husband is on oxygen therapy on exertion and at night. He has pulmonary fibrosis and was exposed to agent orange. He also has Asthma. I wish they would recognize this. They did the IHD with AO, but not the lung disease.

Can you apply for Asthma with an agent orange connection?

He has also applied for PTSD. I have seen somewhere that some have said that there might be a link between Asthma and PTSD, but I really do not know.. It was not on this site, I do not think.

Mrs. Rockman

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Asthma is a lung condition. This is a question of the following?

The Veteran in this case has a service connected lung condition and another lung condition non service connected. They took away half of the rating because they decided they could. Well, they cannot do what they did to this vet.

You may be able to file a claim for the asthma aggravating your husbands IHD. Check into it.

Hope this helps.

J

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John can you expand on that?

Are you saying the lungs are a paired organ?

This vet must fight this decision-they are probably saying the COPD and any lung problems are not related but the VSO is right- they are "inextricably interwoven." ( COVA legalize) and the asbestos disability Must be aggravating the COPD unless somehow the COPD was diagnosed prior to the asbestos Problem???

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