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  • Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury

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  2. I agree- you have a good lawyer- and they know your situation better than we do. If the VA 'missed' using the C & P exams to prepare the past denial ,that is one thing, but if you missed the exams by not showing up- that changes everything. We have all made mistakes in the claims process.....and that is how we learn to succeed.
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  4. Did you ask the VA contractor when they set up your C&P if they have a closer location? I don't know where you live, but unless you you live in a less populated state such as North Dakota you should be able to get a closer location. When I have been called in the past for my C&P with a contractor while on the initial call they allow me to make changes without it counting as the one time change (I always try to be friendly on the call since I want them to assist me), I have even had them change doctors that I do not like when I receive the initial call. These calls have been with QTC and LHI (they both use the same doctors). But as listed above do not miss your C&P appointment!
  5. Bronco and Shrek are right on. Take their advise and get the time off. If your C&P shows you have a comp hearing loss, if it is rated at least at 10%, you are likely to receive a monthly check for the rest of your life. Miss the exam and you can forget it. By the way, if you have tinnitus, ringing in your ears, and you didn't include it on your claim, be sure to disclose it to the examiner. They could evaluate it at the same time and the results would be an additional 10% disability. The VA doesn't have to be proactve and add it to your claim, but sometimes they do and it saves you time and additional effort. In any case, go to the appointment.
  6. The VA has to do a Compensation and Pension Examination. They are not going to give you a rating where you could get a payment each month for a disability from a non VA examination. You might as well try to turn back time and change the constitution. As for the appointment the VA allows (1) time to change this event, so I would highly recommend you get time off and make it to this appointment if you want any chance at this. Bronco is 100% right if you miss this they will just deny you.
  7. Make no mistake...when you miss a Va c and p exam, its pretty much a guaranteed denial. I would tell work you have no choice. What if you were in a serious car accident? Gee, its only one day.
  8. Congradulations on award. My hubby got his partial award in May 30, 2018. We have yet to receive any retro. But he did retire out of navy/coast guard, so they have to do an aew(audit error worksheet). And from what we can find out it is the Coast Guard holding it up. They said part of it was the gov shut down. But the only send them in once a month. Now the remand they sent to Cheyenne Wyoming, our ro is St. Pete. But they also did a c & p for his cads, which is service connected and they are proposing to reduce it from 60 to 30. It was a messed up c&p. They guy lied and put down that hubby could use a push mower to mow yard. And he did not tell the c&p doc that at all. My husband has fallen twice this week. My daughter had to help him up. He is having a lot of problems with his ears now and sinisus, but I think it is due to to the cpap. They put him on some kind of spray for his nose and 30 days of the highest dose of penicillin. The c&p doc also put that hubby did not have any hytrophy in his hearts left ventricular, etc. I down loaded papers from his last hospital stay in aug that said all that. Left and right are both in larked and thickened. He never even looked at it. We still have not heard when or even if they are going to set up a hearing. Do any of you guys think that if we sent in iris and pointed out where it says he has hytrophy in left ventricular and both left and right atrium our in large and thickened. Do you think they would go ahead and really stop the reduction? Kelley, I hope you get your retro soon. Hope we get ours too soon we owe my daughter for our bed. Ha ha
  9. Hope someone can advise. I have received VA disability for military-related hearing loss for many years. I decided to submit a claim to see if I could get my benefits increased. So I made an appointment at my local VA Hospital to have a hearing exam done. I submitted the test results with my claim request however now I have received notification that I need to go for a C&P Audio exam with an outside company contracted by the VA. Their office is located 2 hours from me and it will be very difficult for me to take off work to go especially because I am already off the day before for my follow up appointment with the VA hearing Dr. Is this normal for them to request information outside a VA doctor at a VA hospital or is it possible that the information I provided them regarding my recent hearing exam was overlooked. Or that maybe they didn't realize they can request additional information directly from the VA doctor if the information I submitted was insufficient. I just find it hard to believe that test results from a VA doctor at a VA hospital is not sufficient enough.
  10. Yesterday
  11. They are probably digitizing them, not scanning as in looking through.
  12. @Berta I think CUE is going to be extremely difficult. There were missed exam's on the 2006 Rating Decision. For the NOD, I had sent in the report from the VA Psych; they just will not SC the lungs. I think it might be best for me to follow protocol. The DRO has my Appeal. They could Grant and if not, they'll Certify the Appeal and we'll wait for a Docket number. Looking at other cases out there, going outside of the protocol has it's dangers. The whole system is set up to follow certain steps and since I'm already 60% combine, it might be best for me to just keep my powder dry. Those Federal cases can take up to 10 years. The whole thing is designed to push out benefits for as long as possible and to discourage Vets. My case in point is when I gave up after 2006. It can be so damn frustrating but I am much better off than many others. God only knows how many of our people have lost limbs and are still trying to get SC. We all learn from each other and man, I sure have learned a bunch just being here a few days. I have a good Lawyer and we're getting by just fine. I need to stop and appreciate what I have and not worry so much about what could be. Should we go all the way to the Board and not prevail, there are other remedies. What I want others to do is to learn from our mistakes. My biggest mistake was not taking the VA Disability at Separation and then the next big mistake was giving up in 2006/2007.
  13. Ok so let me take a swing at this one. So VSOs will almost always error on the side of don’t rock the boat! Most of us here on this site are boat rockers and don’t stop! There is always a chance they could decrease but as you get older your conditions don’t get better but they can and do aggravate or cause other conditions to get worse. The c&p will want a current mri/X-ray to she the condition of your back they will compare your old and new images. You could go get another to see if it has gotten worse but it sounds like you already know. Submit whatever you think is relevant. they can look at any service connected disability. Sounds like you could have secondary conditions to look into. There is tons of help here just make sure you start you claim before the first or you will miss out on another month and you have a year to finish it.
  14. Thanks guys. Great info. I have a friend who uses it and has had great results. The good stuff is typically more expensive and she had tried most of them until she found this one. My works says I am good so waiting for my vet discount to order.
  15. Thank you Hollie! I don't know if they are sending the retro now or not. Ebenefits updated to the new percentage on saturday, but no retro yet. I've read many times that once Ebenefits updates, it's only a couple of days before retro.....but nothing yet......
  16. 25th, so your remand is in Prep, but nothing on your grant? Usually the grant is worked first. I wonder if they worked them together and "Prep for decision" is for both the grant and remand? My husband's migraines are awful too. Do you get Botox?
  17. I have never heard of anyone receiving special monthly compensation for flatfeet but looking thru the Board of Appeals forum i ran across this case which was awarded special monthly compensation based on the need for aid and attendance for pes planus...... DOCKET NO. 14-02 822 almost anything is possible .......
  18. "Could negligence be considered as the VA prescribing me NSAIDs for decades instead of in smaller brief periods?" Certainly it the VA knew of the risks of NSAIDS in those links above and how they can cause heart problems. "I assume that for 1151's, it is not best to let the VA formulate their own opinion. Or, if I file and win approval for the regular secondary claim, might that suffice? " Yes, filing as secondary might suffice. If not there is no time limit on a 1151 claim. "I assume that for 1151's, it is not best to let the VA formulate their own opinion. " That's right- they even got a Doctor to opine that my husband died possibly of a cocaine overdose. He (they named the doctor in the decision)was very upset when I called him up- he had no idea the VA had the full 6 page autopsy which included a toxicology report because he was an organ donor. My husband didn't even drink- the only meds he took were prescribed by the VA.Psuedoephdrine for sinus problems which the med recs revealed he did not have, which contraindicated the lisinopril for his HBP which was at the wrong dose.I also proved that the Switch and Swallow they sent him by mail for years was not for what they told him it was for, It was for, as I proved, oral candidiasis ,that he incurred due to high elevates of sugar in his saliva. One more thing to prove he had DMII and the VA knew it. I am waiting for a C & P in which some quack formulated an opinion that was so ridiculous- and did not even consider the opinion I had, that when I get the actual opinion- thought it would be here by now- I am filing a complaint with the WH Hot Line, and with the firm he/she came from. I actually do not even believe a real doctor or anyone with any medical background , did the opinion. I mentioned that to 3 or 4 people in the VA system recently and they did not seem shocked when I said that.
  19. @Berta I assume that for 1151's, it is not best to let the VA formulate their own opinion. Or, if I file and win approval for the regular secondary claim, might that suffice? Could negligence be considered as the VA prescribing me NSAIDs for decades instead of in smaller brief periods?
  20. @broncovet that is really good information! When it finally gets approval, I'm going to probably have to wait for extended clinical trials. Having a heart attack limits what you can take safely.
  21. "How could this be considered a Section 1151 claim?" If it fits into the Section 1151 , 38 USC criteria : In part: "U.S. Code Title 38. VETERANS’ BENEFITS Part II. GENERAL BENEFITS Chapter 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH Subchapter VI. GENERAL COMPENSATION PROVISIONS Section 1151. Benefits for persons disabled by treatment or vocational rehabilitation 38 U.S. Code § 1151.Benefits for persons disabled by treatment or vocational rehabilitation U.S. Code Notes Authorities (CFR) prev | next (a)Compensation under this chapter and dependency and indemnity compensationunder chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful misconduct and— (1)the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by theSecretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was— (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or (B) an event not reasonably foreseeable; or (2) the disability or death was proximately caused (A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or (B) by participation in a program (known as a “compensated work therapy program”) under section 1718 of this title." https://www.law.cornell.edu/uscode/text/38/1151 There is more but that involves FTCA offset stuff. "Can a veteran file both an 1151 and regular/secondary claim for the same issue?" Yes- because we can file under any potential theory of entitlement.One might not work , but another theory of entitlement could. might I had a BVA appeal once that the BVA dismissed as moot. I had filed under two theories, probably under direct SC and also 1151- I have had 4 main 1151 claims. The BVA dismissed because I had won that claim at the RO level and didnt know I could have withdrawn the I-9 appeal. It might have been the initial 1151 DIC award I got. VA fights 1151s aggressively. I didnt have a lawyer or any IMO when I filed my wrongful death FTCA claim. My evidence was impeccable- I have a pro se background, but it was heartbreaking to discover how poorly the VA had treated my husband. He filed a Section 1151 claim before he died. Then Pres Clinton said in a speech that the VA was the best Gov run health care system in the world and my husband thought he better withdraw his claim until I reminded him that Clinton had to be taught to salute- what did he know about the real VA- nothing. I used the regulations for the basis of the claim he dictated to me, and then I used it for my formal DIC claim. It was the same "cause of action" I used for my FTCA claim. My VARO, even with a copy of my settlement with the USA (under auspices of VA) ignored that and denied my 1151 claim again. I did have an offset factor but I still needed a formal DIC award under 1151, when the offset factor had been deducted.I called the OGCand told them they owed me more money-they really didnt but it got their attention. The OGC sent my VARO an order to grant the 1151 DIC. It is almost impossible to get a 1151 award without a strong medical opinion. In your case there have been strong studies as to the negative affects of NSAIDs. "I was recently diagnosed by a non-VA endocrinologist as having Cushing's. I filed a claim earlier this year for it along with a letter from her stating that is was caused by steroids used to treat my asthma and spine issue (both of which are service connected). " That too sounds like a strong claim, either under 1151 or secondary to the asthma if that is SC. ." I asked the cardiologist if Cushing's could be a factor and he said no. However, I found plenty of articles online showing that is can be a factor." I am not surprised at that. One point I need to make as to 1151 claims-there is plenty info here at hadit on them- I proved that VA took "acts" and caused "Omissions of Acts , " that were not consistent with those of the standard medical community for my FTCA and my 1151 claim. Acts and Omissions of acts is legalize and it all meant that no real doctor would have taken the steps the VA did, regarding diagnosis or treatment, even though they ( VA) could have,at some point, properly diagnosed and treated my husband. The result of these acts and omissions of acts caused his untimely death at age 47. The very first peer review they did caused the Regional Counsel to call me up within months of receiving my 1151, to discuss a settlement based on a probative Peer medical review-the doctor who did that agreed with all of my charges on the prime cause of death. But suddenly the RC,the doctor , and the review disappeared and I had to start all over again with the OGC.That was OK- when I found out what the VARO withheld from them I faxed it to them and I won. When I discovered another disability they had malpracticed on-because my daughter insisted I file another claim, DMII from AO, I filed that as a direct SC claim. No diagnosis and no treatment whatsoever from VA. I provided Dr Bash with a timeline and with referrals to specific records and I had a freebee brief opinion from a former VA Neurologist who had left the VA. His entry to confirm diabetes had been crossed out. I could not claim the same death due to 1151 on a different theory than what I had alredy won on. So I filed it as direct SC death. It was the most important claim I ever filed and brought with it numerous other ancillary benefits- even a Chap 35 refund of my college tuition and also the REPS Benefit. No diagnosis and no treatment whatsoever. He should still be alive and here with me on line. He tried to help vets on the old Prodigy web site circa 1990. If you do file either way or both, this will take a strong independent medical opinion. His malpracticed AO IHD heart disease as well was never rated by VA until I won my Nehmer claim-that grew out of a CUE I had filed in 2004, still sitting at my VARO in 2012, set for BVA transfer..... Which should never take 8 years.I call that VARO malpractice. That's OK.I won that 1151 CUE claim anyhow.
  22. By coincidence, I spoke with my (VA doc) about this exact issue: A prescription for CBD oil. She said, "no". She did not deny that it works, but did give me the riot act about "unregulated supplements" where we dont always know the dosage. In other words, unlike carefully regulated pharmacueticals, the percent of CBD oil in a particilar brand can vary widely from another brand. This is my take on this: You can buy CBD oil, legally (at least in my state) over the counter or online. It is, in a nutshell, hemp oil. (Hemp was banned in many states, such as Kentucky because the plant "looks like marijuana" and law enforcement could not tell the difference between hemp and marijuana, so they banned it. In Kentucky, the farmers were livid. So, they had to come up with something so regulators offered incentives for Kentucky farmers to grow : TOBACCO. CBD oil has no or very little of the "get high" THC that marijuana has. CBD oil has many health benefits, but like many other supplements, docs want "more research" on it. Well, dont expect a lot of "new research" on hemp, or any other plant. Why? Becuase, in the USA a "plant" or herb is made by God and is not patentable. This means a company does not want to research plants because, even when this plant turns out to be a miracle cure superior to pills, any one can also start selling the same plant. Pills, however, are "protected" by patents so that competitors can not sell this formula for around 7 years, or until the government approves "generic" versions. Remember, too, medical schools are funded by pharmaceutical companies. So, they teach doctors to "avoid herbal supplements" and go for pills instead even if, sometimes the main ingredient in pills is from a plant. For example, the main ingredient in Aspirin is formed from Willow bark.
  23. Good Afternoon! I was told by Peggy that my treatment records needed to be scanned by the va records management system. The representative also, said it would be the last thing that is needed to make a decision. I had my C&P exam (which was favorable) done a month ago, and it has been almost 6 months since I've filed my claim. I'm still in the "Gathering of Evidence" status. Can someone please give me input on what the "scanned" items would be. I'm hoping it's not because they don't have my medical records, and would have to look through them for evidence. I would imagine that they would have received and viewed them months ago. Everything is quite confusing at this point. I'm not really sure of what happens after the C&P exam is done. Thank you in advance for your help!
  24. That's excellent news! Really happy for your friend!
  25. Excellent news for you! I'm still waiting to hear about my granted stuff from July 2018. My remand is in prep for decision for 3 weeks now. Doc told me it was service connected so not sure the hold up. I'll just keep going to work until I drop lol. Those headaches are terrible I'm at 30 for them I get em a few times a month and sometimes they last a few days. Take care
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