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    • Berta

      Berta 3,961

      HadIt.com Elder
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    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

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    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
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    Post clear questions and then give background info on them.


    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

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  1. Last week
  2. Veterans Benefits Administration, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed new collection, and allow 60 days for public comment in response to the notice.View the full article
  3. Past hour
  4. To add: Matt Hill is a veteran lawyer and member here and has this article at his web site: https://www.hillandponton.com/prostate-cancer-agent-orange/ The article also makes to point I was hinting at ,by my questions to you- TDIU- Total Disability due to Individual unemployability. And also advises that your urologist file out a specific VA form . The letter you have might be enough for VA to change the reduction- but the form mentioned below might help them determine the residuals properly and/or keep the rating at 100%- maybe even with a SMC consideration. ( SMC Special Monthly Compensation) I am saying 'might' or 'may' because we never know what the VA will do- even in spite of significant and probative evidence, such as an IMO/IME ( Independent Medical Opinion/Exam). As one of MANY Hardcore VA claimants here, I know the VA can do some stupid stuff and even break their own regulations. I had a vet 100% SC P & T for Prostate Cancer from Agent Orange years ago- The VA attempted to take away his entire comp for the PC, and his kids were about to use his Chapter 35 educational benefit awarded to them under the P & T status.They pulled some CUE crap and a few rabbits out of a hat. I dont recall if he contacted me through hadit or through a radio show I did at a different station from the radio blog we have here. In those days I had time to talk to him by phone-I was very alarmed at the position he was in---- I asked him many questions about his navy MOS and BINGO he revealed an incident he had almost forgotten about- He said he had to take some sort of swift boat , a small craft from the ship- to pick up a Vietnamese Officer. ( that meant he had to get into "Brown Water" Vietnam. (to me that was Bingo!) I asked him how he got the Vietnamese officer onto the craft (but maybe it was a pontoon boat? forget) and he said he had to step on the river bank to help the man get into the boat. (BINGO again) One boot on ground Vietnam would do it!!!!! Long story more to it, and this might help someone out there- Blue Water Navy today falls under the AO regulations in the criteria posted at hadit under Blue Water Navy Agent Orange Vietnam) but this was long ago----he succeeded in getting the 100% P & T SC for PC restored.!!!!! Nothing is impossible- it just takes a lot of time and effort and even lots of research, and maybe a costly IMO/IME etc, but nothing is impossible at all. I read BVA decisions every few days and it stuns me how many of those claims should have never gotten to the BVA in the first place if the RO people were literate or actually competent enough to decide them. "When the VA decides to cease the 100 percent temporary rating or reduce a current rating, they will send the veteran notice of a proposed reduction of benefits. The letter will most likely give the veteran a deadline to respond. If the veteran is still experiencing disabling symptoms of prostate cancer and believes that he is still entitled to the current rating, he should have his doctor fill out the Form 21-0960J-3, Disability Benefits Questionnaire for Prostate Cancer. This form, completed by the health care provider, would serve as evidence that the veteran is entitled to the current rating." (Source- above link)
  5. The letter is excellent ,and as GBA said, a buddy letter can always help- I am very glad that the urologist gave them a link to the AUA report! Did you have a C & P exam prior to the reduction? ( Make copies of anything you send to the VA- they have a tendency to lose stuff.) Th report is surely here at the AUA site: https://www.auanet.org/guidelines/oncology-guidelines/prostate-cancer I think they require a login ( for Urologists) maybe not- but this is something probably some other vets with prostate cancer should look into- The VA will need to rate your residuals. Are you unable to work with this disability? Do you receive SSDI ( Social Security Disability) sole for this disability? Would the disability prevent you from being accepted by VA Voc Rehab? AMVETS would probably ask you those questions, as well.
  6. Today
  7. Combat eng Well congrats to you! We all appreciate and celebrate when a veteran finally wins out and gets the disability they deserve. I might suggest you could also make a donation to Hadit out of your back pay, if you can afford it, to help keep this veteran site on line. Again, congrats. Stay connected and lend your knowledge of what you experienced to others with similar issues.
  8. Thinders1951 Really important to add a new buddy letter (21-10210 to talk about how your current symptoms affect your daily life, physically, mentally and socially. Example: I no longer go out to lunch , etc. etc. with friends because I'm afraid I won't get to the bathroom in time, my meds make me..., Talk about what you can't enjoy now that you used to. Also up front on the letter refer to your doctor's letter to tie it together as part of your new evidence.
  9. So am I. I really hate moral absolutism. It’s inflexibility resembles a similar framework to that of the morals of a 6 yr old. I hope they lose every ruling.
  10. that's entirely true and even more so from when I used them for opthamology. It, did work out. also I went from a VA Tallasshee Outpatient ER sent to a civilian Hospital ER. Arranged and called by the VA ER. When the bill came due the VA wasn't at home. I guess that worked out because the bill collectors stopped calling and I was no longer required playing go between for the Civilian Hospital and the VA. That pretty much covers this ball of malformed bureaucracy. Thank you all.
  11. “Federal law, Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I-III) of the Federal Food, Drug, and Cosmetic Act, states the following about products granted emergency authorization usage: Individuals to whom the product is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks. Any entity or organization that requires EUA COVID-19 vaccinations, COVID-19 tests or masks are in violation of federal law, and will likely face lawsuits if they don’t allow exemptions or alternatives.” I am just waiting for the fall out. Class action suits over this will likely take years to evolve.
  12. That may well be the case but I thought this was all within the VA Health Care system. Due to the recent pandemis bing primarily respiratory they may have "farmed out" some of the consults. Otherwise why would they have me drive freom the Panama City Florida area to Gainesville for a non VA respiratory consult? That is another part of the problem, not explaining how this is going to work, why decisions are being made without my input or informing me of virtually anything. Such as radiology should have been able to provide some insight into the possible source but nope. I guess this pretty much covers it. Like everything else: whatever happens is the answer. I can go straight Social Security which I may default to if the best the VA can do is triage me to a nurse, provide no radiology based information and a 3 month consult date.
  13. I think communication with CC is about the biggest pain in my tush... You have to keep calling until you get through. They will give you the run about, but in the end, the squeaky wheel gets the grease.
  14. The VA C&P rep was a NP in my case, and knew less about ALS than I did IMO. He also omitted facts contained in the medical record, and made claims about what that did not exist in the medical record. The treatment I was given for ALS was overlooked, and he stated that I had never had a diagnosis for ALS. I tore his evaluation up and handed it to the VA which totally undermined the C&P. The medication I was given in 2019 was Radicava, and it may only be prescribed for probable or possible ALS, demonstrating my diagnosis in no uncertain terms because Radicava is not used for anything else. I was denied because the NP said I only had suspected ALS, when the term suspected never occurred in my medical record. The SC was denied because the basic criteria did not say "definite" ALS. See my post on that also posted today.
  15. The issue is the diagnosis for ALS is based on research criteria. Originally there was 4 base criteria similar to what they used for MS. These were suspected ALS, Possible ALS, Probable ALS, and Definite ALS. As more of the upper and lower motor neurons become affected, the higher up the diagnostic "ladder" you go. Newer criteria eliminated the suspected category, and replaced that with a clinical possible and clinical probable ALS, so that made it 5 levels of staging. And again, as the newest adjustment came out in the Awaji criteria, the suspected categories were eliminated and that left 3 diagnosis criteria. All of this happened from the early 90s through the around 2016. The PVA rep explained to me in no uncertain terms that the VA policy is that if you do not have Definite ALS, it will not grant SC for ALS. As the attachment I posted above explains (see "A proposal for a new diagnostic criteria, pg 2) it clearly states that "all three categories describe patients whose disease is in fact ALS, to a very high degree of diagnostic certainty. " When I found this, I sent it to the PVA guy, and he is lost to explain it. This triggered me (a brain thing I get)! This was why they denied my 1st application last year. How many more veterans are in that position, and are denied benefits for ALS because the VA is basing SC on information that is used to qualify for clinical trials, and not the diagnosis? The criteria of possible, probable, and definite, are not suspicions, but instead align more as a staging level. That opinion was written by 22 of the world most recognized ALS specialist, and the conclusions of that was adopted by the World Federation of Neurology. It is indisputable fact that cannot be overcome to the best of my knowledge. My goal now is to insure that other vets are accorded the rights to the benefits the VA originally denies, because almost all of the people who are diagnosed with possible and probable ALS will certainly die of ALS (the statistics show that 96% will do so). Many people w/ALS will die and never progress to having definite ALS. Good news is that my recent 12 July Visit to my Neurology Spec at VA got my claim Approved, and SMC's will be applied. Bad news was that they did so while totally ignoring that evidence I submitted, which was a side step to recognizing what I posted on here. What do I do to change the policy? Dozens, if not hundreds of veterans w/ALS are affected.
  16. Well today all my cavc remand issue turn to waiting to be send to judge. They no longer have different docket numbers I feel may petition really help and is working. If you have a cavc remanded they are to be expidate by law The va has been take that status from veterans. Well in my case I had to do a new va form 9 for one issue than I was told I had to nod another issue. Once you do this if the va doesn't merge them back with the cavc remand docket you lose the expidate cavc remand. This is how they add Years to a cavc remand. I no it's alot but it's law If you get a new docket number on remand to va. I point this out on my petition a now all my appeal are return to the board. Last when u get a cavc remand. I would put this as evidence. Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case) Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. at 1322.” Well the va has until the 13 of this month to response to my petition at the court My petition will be dismissed now that all my issue are back at the board and wait to be send to judge. Maybe because the court is looking maybe I will get a proper decision and maybe they will address the Howell v nicholson issue this time. I also point out that the board is volating a court percendent. I am just venting again lol.
  17. Thanks for the replies. I am not sure how to simply respond to the individual posts. I was asked if I am in the "appeal period". The reduction was posted in a 30 April 2021 Decision Letter, and states I have 1 year. I had a meeting with my Urologist and he wrote the following letter: I have reviewed the denial letter regarding the ongoing debate and the patient's claim of biochemical failure for prostate cancer. The American Urological Association (AUA) standard which you quote as the basis for the denial is not relevant in Mr. Hinders scenario. The quoted standard is for a patient who underwent external beam radiation therapy as a primary treatment of prostate cancer. This standard is defined by the 2013 revision of the 2009 AUA Best Practice Guideline (ref: www.auanet.org/quidelines/guidelines/prostate-specific-antigen-(psa)-best-practice- statement). In his scenario the application of the standard "PSA rise of 2.0 over nadir" is not relevant to a patient who underwent radical prostatectomy as primary therapy followed by external beam radiation as adjuvant/secondary therapy. Mr. Hinders' cancer was so aggressive that he developed biochemical recurrence after his radical prostatectomy in 2009 and underwent salvage radiation therapy to the prostatic fossa as recommended by the aforementioned AUA Best Practice Guidelines. Mr. Hinders continues to have PSA failure with biochemical recurrence. After this combination of therapy any rise in PSA is indicative of PSA failure and biochemical recurrence. I would respectfully request that you revise your denial based on this incorrect standard. My plan: Meet with AMVETS VSO to review and prepare a 20-0995 Submit: 20-0995 Dr's letter Nexus form filled out and signed by Dr Annotated figure from the AUA doc showing the error in applying the 2.0 over nadir Chart showing the PSAs 2012-2021 Thoughts?
  18. I finally received my decision letter granting me TDIU permanent and total. Where can I find out about all the benefits associated with the grant. I read someone's post awhile back concerning free insurance. I want to personally thank everyone on this site. I couldn't have gotten here without your help. I urge every Vet I come in contact with to visit this site for advice and help. Me and my family are truly grateful and blessed !!!!!!
  19. I (think) the reason you only have 2 choices may be because only 2 will accept the way VA pays and maybe the price they pay. At least that is what I've been told.
  20. Yesterday
  21. That was fun, finished the post then about blank. So, round 2. Thank you for the very useful info and experience. Problem I have with masks is they reduce my respiratory function by half and fog my glasses. apart from that they're lovely. So how it alwaysworks for me I begin whingind about any issue and and answer pops up. notice I didn't say the answer. So I got an appointment with the Gainseville, Fl. Pulmonary in literally 3 months. the appointment maker said I had been limited to a choice of 2 physicians/clinics. No clue why or what that means. They didn't know. So I informed my primary care nurse and asked why the limitation of 2 specific choices. Then I asked about beginning the process for the community care route. I added if the physicians will acknowledge a patient with blood produced in their phlegm for months will not be adversely affected by an additional 3 months of blood loss then I will accept that and wait. no physician in their right mind would approve that. On the plus side a steady drip blood loss makes it really easy to sleep. Appreciate all of you for giving your time and knowledge.
  22. My pcp put in the consult for pulmonary. As I can't wear a mask(panic if anything goes on face) I've been okayed for CC since VA requires mask worn, so CC is setting up the appointment with outside docs. I missed first appointment that was set up and time run out on consult(year) so pcp had to put in request again. Waiting to hear from CC now on new appointment. I also can get CC due to travel time is over 30 mins to VA hospital. Clinic closer but limited depts there. Time to get appointment, travel time, mask issue all get me CC. Getting CC to set up outside appointments are no issue any time pcp puts in request. Hope this helps some.
  23. Thanks for the input, it looks like I need to go forward with my claim for increase. Thanks
  24. Hey there Knight. I was Germany for 7 years as DAC and Active Duty. It's true and you'd think it would be more work dodging it than just doing but O No! We are talking VA here but the civilian side really isn't any better in my experience apart from the civilian side get paid per action so it's in their interest to at least on paper act like they do a procedure. As mentioned above the VA has performed well, right up to the time I got old and stuff started to go wrong with me body, which required more than Blood pressure/temp. etc. on the civilian side my brother was hospitalized for unknown source of GI bleed. The administration took pictures of him to demonstrate how not to treat a patient, infected injection sites, wake you up every 3 hours for blood work and weight check. that's fun at 2am. both have problems.
  25. Don't take this as a high-jacking of this thread.... but is this truly what you lot go through in the US when ill or injured? I cannot fathom how wrong sounding all this is! Ok, over here in Germany, I have no Tricare dental. But when I'm injured or ill, I simply go to my GP. If I need anything extra done (specialist or surgery), I just go and it's relatively quick unless routine. Granted, the bills come to me (I know the cost differences between the US and the rest of the world), I pay them and get most back from Tricare, VA or both if SC. I cannot believe Cannoncocker is having to jump these hurdles to get health assistance. I simply thought only the VA was a mess.
  26. IF THIS IS AN EMERGENCY, go to your local ER and then follow these rules to the letter: https://www.va.gov/communitycare/programs/veterans/emergency_care.asp In summary, go to any Emergency room, and notify VA ASAP. They do that so you can transfer to a VAMC if hospitalized. But follow those rules in the link, do not rely upon my summary. IF ITS NOT AN emergency: I use myhealthevet to send a message to my prime care doc. Or, I can go to the prime care and send the doc a note as to "what I need" such as a refil of meds, or referral to another doc. I usually get an answer fairly promptly. I agree with pacman, they always want you to go primary care doc. If your clinic does not have a prime care doc ask them for one. You may have to travel to see your prime care doc, but VA will pay you travel pay, likely, for that. Frankly, you need to travel to a larger VAMC who will assign a prime care doc, likely, to make this happen. You can try asking the nurse you visited for a referral, or ask the nurse if you must see prime care doc for referral to the community docs. They are supposed to give you a community doc if your VAMC can not get you treatment within 30 days.
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