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    • Roger That Gastone Will do ASAP. Thanks
    • Load, your at 90%, is your Direct Deposit account set up to Txt/Email you in real-time, regarding all Financial Transactions? Prior to 01/03/2016, I would have agreed with Buck, regarding E-Ben being less than accurate as to Future Completion Dates. I've had (2) Awards in 16, E-Ben posted updates at Least (2) weeks before the Retro Hit. In years past, Retro Hit about a min of 3 weeks before your Decision Letter Arrived, sometime after that, E-Ben was updated to reflect your New Award Info. It definitely appears to me, somebody at E-Ben finally got their Sierra, Hotel, India, Tango together. Semper Fi
    • Thank you for responding.

      All of the original claims were denied of “The evidence does not show a current diagnosed disability” with the exception of the chronic sinusitis, which stated there was no event in service. He claimed no problems even though over 100 pages of civilian medical records for treatments showed otherwise.

      In May of 2012 I sent back the following letter:
        Notice of Disagreement (NOD)
      Dear Sir/Madame: I am in receipt of your letter of 11 April 2012. In that letter you have denied my application for a disability
      rating I claimed 16 AUG 2011.

      Please accept this letter as my Notice of Disagreement (NOD) with your decision.

      My reason for this NOD is an incomplete CP exam was performed along with the examiner not reviewing multiple current civilian medical records and diagnoses.

      I request a Decision Review Officer Process (DRO) appeal and I request a personal hearing.

      I never did get a personal hearing but it turns out they did send a packet in Dec 2012/Jan2013.  I did not remember this until I went through my files. Sorry about that  - I really didn't think I had received back anything.  Dangit - It really gets frustrating when you can't recall a lot of things.  This head injury really screwed up my life!

      It turns out they did send me a request additional data and I sent in a Statement in Support of Claim.  I also did find a copy of the VA Form 9 requesting a hearing but it was only to appeal two of the original issues, and out of that the TBI was eventually rated. 

      I don't recall getting a docket number.

      SO - false alarm.  Again, my apologies for not recalling any of this.  The only thing I need to worry about is having my existing ratings reversed, which I hope is safe because of all the documentation, including VA doctor letters.  If anything, the TBI residue is more severe than what they rated and only gets worse every year.
         
    • Just did a quick read, did you say anything about your Direct Deposit Account getting Retro Deposit yet? 01/03/16, went on my E-Ben site for my yearly 100% IU T & P Confirmation Letter, to file for the yrly MI DAV Property Tax Exemption. Much to my surprise, the Confirmation page now showed I was 100% Scheduler T & P and receiving $354?.00 per mos instead of the $31??.00 that was actually deposited 01/01/16. The Retro from the 12/15/15 Quality Control Award, hit my bank account about 2 weeks later. If E-Ben now shows your at 100%, don't sweat the Development Letter Deal, just be sure your Direct Deposit Account is set to Txt/Email you in real-time regarding all Financial Transactions. Swmper Fi
    • Buck, Pun intended, Quit Dicking around. Send the Secure Msgs requesting the ED DBQ to your PCP, Urologist and MH Clinician. Remember to give a Reader's Digest version of your ED Symptom Timeline. You Officially file a request for their assistance on your MHV Secure Msg, the Request is Noted in your VMC Med Record within a couple days, as is their response to your Msg. After you get the response, attach a copy to your ED FDC and hit the Submit Button. With your ED Issues discussion being in your respective VMC Clinician's Treatment Notes &/or the DBQs, an ED C & P should be unnecessary. The SMC K Award would be added to your 100% Comp + SMC S (1) for a total of about $3545.00 per mos (Vet w/Wife). Semper Fi





evandc

21 Days In Hospital Rule

9 posts in this topic

Have vet friend that was in VA hospital in March-April 2011 for PTSD. She is S/C for Anxiety. Applied for the 21 days in hospital & she was turned down because she was admitted for PTSD and not anxiety. I was going to copy 38CFR CH.1 4.29 and pass it along to her. I have 7-1-11 Edition & I'm having a problem. Before it read something like "be admitted for what you are S/C for or TREATED FOR WHAT YOU ARE S/C FOR". Now reading different "total disability rating (100 percent) assigned...it is established that s/c disability has required hospital treatment..in excess of 21 days." Question has this rule changed to drop the part about "treated for what you are s/c"? If it changed was she in hospital before it changed? Just passing along to help this vet..and never know why she didn't get connected for PTSD..but that's another thing.

Thanks,

Don

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The VA only rates the highest (or worse) mental condition to prevent pyramiding. In my case I am rated for Bi-Polar, but was also diagnosed with PTSD. This last time I saw my Social Worker, she asked me if I was also diagnosed with PTSD and I told her I was, but it was a long time ago in a different RO. She told me that she wondered, because she couldn't find it in my notes. I guess I will have to look through my c-file to find it, because they have asked me to attend PTSD treatment in the past.

Makes one wonder if they are deleting PTSD diagnoses, with the new PTSD regulations...

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".and never know why she didn't get connected for PTSD..but that's another thing."

Was she admitted specifically for the 21 day inhouse PTSD program?

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What is her current percentage of SC ?

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Was in program for PTSD more than two months. She has 90% S/C think 70% of it Anxiety. Pending TDIU..already has Ssd.

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Let me see if I understand this correctly

veteran is rated for anxiety.

veteran is admitted to hospital for 21 days for non-service connected PTSD

Veteran is seeking temporaty 100% for the 21 day hospital stay

No the veteran would not be entitled to the temporary 100% because the conditon for which treatment was required was not service connected. The one exception is listed below:

Even when hospital admission is for a nonservice-connected (NSC) disability, hospitalization benefits are payable if, during the hospitalization, treatment for an SC disability is initiated and continues in excess of 21 days.

Now If the claim for service connected is pending and later awarded then it is possible the veteran could receive the temporaty 100% rating based on the hospitalization.

The following is a September 5, 2008 change......

a. When to Assign a Hospitalization Rating

Provided a total, 100-percent rating cannot be assigned under other provisions of the rating schedule, assign a temporary 100 percent evaluation under 38 CFR 4.29 for

  • periods of hospitalization in excess of 21 days for medical treatment of an SC disability, or
  • a disability for which compensation is payable under either 38 U.S.C. 1151 or 38 U.S.C. 1160.

b. Granting Hospitalization Benefits When Admission is for an NSC Disability

Even when hospital admission is for a nonservice-connected (NSC) disability, hospitalization benefits are payable if, during the hospitalization, treatment for an SC disability is initiated and continues in excess of 21 days.

Reference: For more information on hospitalization ratings when admission is for treatment of a NSC disability, see 38 CFR 4.29(b).

Edited by Teac

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