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  • Most Common VA Disabilities Claimed for Compensation:   

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  • How to get your questions answered...

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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.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    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.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • 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?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

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  1. Past hour
  2. Yeah, I know that, but in a cinch it gives me safety net and a failsafe net in case I am out of IU for any reason. thanks for your insights!
  3. The SMC K, as far as Male Vets are concerned, is generally Awarded to address ED, loss of use of a productive organ. A Vet, male or female, can have multiple "K" Awards. SC Neuropathies (Bi-Lateral) if eligible, are addressed with the SMC L Award when the appendages function no better than if amputated.
  4. That said (no single 100% SC), even if you were to receive the New SA 50% SC, regardless of the Scheduler CSC total, you would continue to be Rated as IU with the SMC S.
  5. Today
  6. Probably one of the first things you need to do is file a 'substituition of claimant" if you have not already. This will allow you to take his place (when filing claims in his behalf). https://www.va.gov/vaforms/form_detail.asp?FormNo=21P-0847
  7. So very happy I found this site! My beautiful husband was a Viet Nam vet, Navy, 1959-1963. Sadly, he passed away April 3 of this year. He fell very ill in December 2012, which started his fast decline with his health. February of 2013, I started his disability claim. He had been diagnosed by the Veterans Hospital Psychiatrist with PTSD, as a result of combat. The social worker also wanted us to claim for ischemic heart disease. So I did. I sought out the help of a "Specialist" through our county's Veterans Assistance. I didn't find him very helpful. But, I submitted the claim anyway. I was notified that I needed to add some info, so I did. Some months later, we received a letter from the VA stating that they had received our info and they are looking into it. In late summer of 2014, I contacted my Senior Senator, Dick Durbin. I sent his office all of the paperwork that they requested. Several months later, I received a letter from Durbin stating that the VA had contacted them and there wasn't a case. The very next day, we received a letter from the VA saying pretty much the same thing. I had every intention of continuing to fight, but my husband's health was getting worse, I was working full time and trying to maintain our home and raise a teenager. My life was chaotic. It took everything I had just to get through each day. Fast forward to now. I contacted my Junior Senator, Tammy Duckworth back in May. Sent her office all of the information. Checking in with her office this week, I found out that my case hadn't even been assigned to anyone. I was not a happy camper. I was assured that I will be getting a call within a week from someone who will be looking into my case. In the meantime, I fear losing my house. When Dennis passed, I lost almost $2000 per month. There was no life insurance....long story. I had no idea that this process would take so long, plus they haven't even started looking at it again. I seem to find out new stuff everyday. He has a seizure disorder......AO causes that. Ischemic heart disease......AO causes that.....plus, he had several strokes that were ischemic. Were they related to AO also? Any help, or suggestions from anyone would be greatly appreciated. Thank you
  8. I read somewhere that ones primary or originated condition would be the main condition, in my case it is the left leg condition from which other conditions are related. For instance my MH condtion (which is rated at 70%) is mostly attribute to my left leg condition (pain and difficult of mobility). But, then, I also read somewhere that the condition with higher rating is considered the main condition which seems to be the correct one. I understand how the VA math works, the whole body theory and how the main condition can precede the other conditions that it ties together: after 70% disability, there would 30% of a whole body which the other conditions would affect, etc. But what are the odds that any rater would give anything but schedular 100%? Besides the MH rated at 70%, I don't have any condition above 30% so the SMC comes from the fact that I have peripheral neuropathy on my left foot rated at 20%. The neuropathy would be considered a loss of a sensorial part of the body and thus would grant me the SMC. thanks
  9. Yesterday
  10. Not sure if I am on the right track but my draft letter below should spell out most of the details. Interested in the thoughts of those with experience. Thanks PS: I love this website but is time consuming. re: Veteran: XXXXXXX X. XXXXXXXX C-file: XXX XX XXXX CLAIM OF CLEAR AND UNMISTAKABLE ERROR IAW 38 CFR 3.105(a) Dear Sir/Madam: This letter is regarding a decision on my claim for an increase in service compensation dated November 22, 2004 (Exhibit 1). A copy of the letter informing me of the decision dated May 5, 2005 along with the associated Rating Decision, dated April 29, 2005, is attached (Exhibit 2). The Rating Decision increased the rating for my service connected Degenerative Disc Disease from 0% disabling to 20% disabling effective November 29, 2004. This decision resulted in a new overall or combined rating of 30% as detailed in the May 5, 2005 letter. I am requesting the Rating Decision, dated April 29, 2005 (Exhibit 1) be amended to conform to the “true” state of the facts and the law extant at the time of the adjudication. Facts: The Rating Decision dated April 29, 2005 lists evidence supporting the decision which includes in part the “VA examination (Germany) dated February 23, 2005” (Exhibit 3). The VA Examination titled “The Orthopedic Protocol Examination Report on XXXXX XXXXXXXXXXX C/SSN: XXX XX XXXX” dated February 23, 2005, contains an orthopedic diagnosis which includes “chronic radiculopathy L4 on the right”. In the same report, the examiner opined in part “the present status (herniation of 3 lumbar discs with radiculopathy on the right side) is consistent with worsening of the established sc degenerative disc disease of the lumbar spine.” Evidence of record extant at the time of the rating decision is absent evidence that rebuts the results of the VA Examination. Evidence of record extant at the time of the rating decision is silent any inadequacies regarding the diagnosis detailed in the examination report; the findings supporting the diagnosis detailed in the examination report; or the sufficiency of detail in the examination report for evaluation purposes. The Rating Decision dated April 29, 2005 is silent of the subject of the diagnosed radiculopathy nor does it make any mention of the neurological symptomatology detailed in the examination report. Evidence of record extant at the time of the rating decision include records of treatment from the Louisville, KY VAMC dated 04 Jun 2003 to include treatment for “Chronic low back pain” and prescriptions for treatment pain and muscle spasms. Diagnostic radiology reports from 4 Jun 2003 document mild scoliosis (levoscoliosis) and degenerative spur formation at the L3 and 4 level. Findings of clear and unmistakable error (CUE): The adjudication of my claim for an increase in service compensation dated November 22, 2004 incorrectly applied or failed to apply the provisions of 38 CFR Ch. I (7–1–04 Edition) § 4.71a which states under “General Rating Formula for Diseases and Injuries of the Spine” in part “Evaluate any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, separately, under an appropriate diagnostic code.” The adjudication of my claim for an increase in service compensation dated November 22, 2004 incorrectly applied or failed to apply the provisions of 38 CFR Ch. I (7–1–04 Edition) § 3.157 under “(a) General” which states in part “Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement.” I make this request as a clear and unmistakable error (CUE) exists in that either the correct facts, as they were known at the time, were not before the adjudicator, (e.g., the adjudicator overlooked them) or the statutory or regulatory provisions extant at the time were incorrectly applied. The errors are of the sort which, had they not been made, would have manifestly changed the outcome at the time they were made. A reasonable mind, having reviewed all the facts known at the time, would have concluded the following: The effective date of any increase in pension or compensation benefits resulting from the Rating Decision dated April 29, 2005 should be June 4, 2003, date of the informal claim, and not November 29, 2004 as detailed in the Rating Decision. Neurologic abnormalities related to the service connected degenerative disc disease were present at the time of the VA examination completed on February 23, 2005; that the competent medical evidence of record supports that conclusion and that the neurologic abnormalities should be rated separately under the appropriate diagnostic codes. The terms “Mild”, “Moderate”, Moderately Severe”, and “Severe” are not defined in the Rating Schedule. The competent medical evidence of record finds that “There is noted a severe restriction of the lumbar motion and function” and that “All thoracolumbar motions were conducted slowly and carefully”. The neurological symptomatology in my lower extremities is productive of severe limitation of motion and function, continuous pain on use and recurrent severe flare-ups after trivial motions which more closely approximates moderately severe incomplete paralysis of the sciatic nerve. The competent medical evidence of record finds that “There is noted a severe restriction of the lumbar motion and function” and that “All thoracolumbar motions were conducted slowly and carefully”. The neurological symptomatology in my lower extremities is productive of severe limitation of motion and function, continuous pain on use and recurrent severe flare-ups after trivial motions which more closely approximates severe incomplete paralysis of the anterior crural nerve (femoral). Records of treatment for chronic low back pain at the Louisville, KY VAMC on June 4, 2003 documents the receipt of an informal claim for increase in the back condition establishing the proper effective date for increase as June 4, 2003, the date of receipt of the informal claim. I respectfully request your prompt consideration of this request and that any decisions be expedited to ensure efficient processing and minimize incorrect payments. Thank you for your service to the Veterans of this nation. Regards, XXXXXX X XXXXXXXXX Veteran
  11. 63SIERRA

    New Claim?

    good stuff, let them cut the pizza how they want, long as they give the whole box to the vet!!! sometimes I think the VA cannot discern between a symptom of a disease or injury, or the disease or injury itself BACK STRAIN.. now thats a symptom, but it sound very mild. so the V loves it. have you ever heard a real doctor say,,, ohh yes, patient stiiffypoke,, that poor guy, hes had a back strain for 10 years now.. a back strain is a mild, short term injury. Not something that goes on for years. but you see , they dont want to know the extent of the problem, because it forces additional comp. so they quickly give u the ole faithful back strain diagnosis, your empty peanut shell rating, and hope u go away. yes you can go away mad, but just go away. hell they will pay you less in 5 years at 10 percent than what a full spine MRI costs.. very clever they are .
  12. 63SIERRA

    DBQ optional or not

    """I ask her if she can write me a letter telling about my Chronic PTSD and the High anxiety I have being around lot of people , I need this letter to excuse me from jury duty, she said yes I can do that she did and all was ok... """ THAT WAS SLICK MY FRIEND. ha yes Buck, I always look at the whys of situations. I think that these Drs are getting ass chewings from the regional offices who are handling the claims. when someone doesnt want to do something that otherwise seems like a simple task, there usually is a reason behind it. The doctors are experiencing some sort of unpleasant result of writing these DBQs. The form is simple, short and easy enough for a 6 year old to fill out, so thats not the problem. there has to be repercussions that are taking place. Its occassionally throwing monkey wrenches in the RO s claim denial processes. my wife said same thing, her doctor instantly sat straight as a board, like a hemmoroid busted in her tighty whities, and her whole demeanor changed, and she barked out a loud and clear "I DONT WRITE DBQS FOR NOBODY, VA OR SOCIAL SECURITY". like she was pronouncing her constitution or something.. ha
  13. vetquest

    New Claim?

    You are right about pyramiding but you can receive consideration for multiple issues. Like PTSD and depression, it does not get rated but may increase your rating. Go figure right?
  14. 63SIERRA

    New Claim?

    I was under the impression that a vet can only be service connected for a specific mental disorder, like you cant get 20 for anxiety, 20 for depression, 30 for ptsd, ect, its called pyramiding.
  15. 63SIERRA

    What the heck just happened??

    the only reason they should ask to see you bend is if your spine was fused, and they want to see how much flexion you have lost. its ridiculous I tell ya. Ive been recieving alot of treatment on my spine, and learned alot. Once again, I have NEVER been asked to demonstrate how far I could bend, by any medical professional. so where the Va got this hokus pokus test is a mystery to me. just some mechanical test so the vet buys the scam I imagine. when you go see a pain doctor, neurologist, ect you know what they say... SHOW ME THE MRI report... !!! they dont say, bend over .. it may say that on your bill, but not your diagnosis. LOL
  16. I have the letters of withdrawal. I have supplied them to the VA but VARO still hasn't removed her from my file. Don't need anything more from MS. Ellermann. She sent her original letter of withdrawal also to VARO and the Evidence Center. I'm hoping my chat with eBenefits will finally get her taken off the case. I've been trying to get an attorney for the 10th Circuit Court of Appeals. I have to file my Pro Se "notice of appearance" next. Then a brief within 40 days of July 17, 2018. Have it under control I think. The informal form will help a lot.
  17. Well I made my way down to ch 31 office yesterday. Ask about my item told they waiting on referral from hospital. Ok than this lady sit in my face an say you look like u loss weigh. Now part of my plan was to teach me how to cook. Been married never had to cook. I was granted in home cook classes. Never give for 3 yrs I was granted automobile adapts never given Ok today I call oig an made complaint these are medical device an there holding them up. Now I am about to file my tort claim oh I lost weigh ok. I just b venting
  18. There are a few attorneys with her same name and one was with the Vets ProBono Consortorium I believe- I have no idea how you could contact her through ebenefits- I am lost here-maybe she is a VSO at theRO? others will help
  19. What if I file an increase and at the new c and P I ask the doctor if he can state the skull fx as a cause to my migraines or not? Is that evidence the board could use to grant service connected and or lump in with my migraines properly so as not to be considered pyramiding like my PTSD and TBI, failed to separate. Three years of trying I gave up.,.
  20. As for the skull fracture it was never service connected but remanded just my migraines were. I have been getting treatment for my migraines which was service connected in 2010 at 0% even though I received treatment for them 2010 to present day. The cause of the migraines va and choice doctors now say it could be a residual from the skull fracture at the base of my skull at the clivus that or my diffuse axonal tbi cannot seperate the two. Spontaneously my skull dc healed after a month from dec 29 2006 to Jan 21 2007 but the Va doctors for the BVA or RO looked into my old X-rays or catscan and said the skull fracture never existed in 2017.Then a choice doctor this year said it did happen and started me on Nadolol saying the skull fracture could be the cause of it.Not sure if its considered pyramiding, since the skull fracture is a cause of the service connected migraines at 0%.
  21. Holllie Greene

    CUE

    Hi Berta, The date of the decision is 23 Dec 2017. I do not know how to scan documents but perhaps my husband will do this for me later. Yes, I was surprised and taken aback when Peggy said what they said. Peggy said to be sure to answer all telephone calls because "they" will be calling to set up a medical appointment; to this I said my 2016 award letter says no more medical exams will be scheduled. I am thinking this prompted Peggy to search deeper into the 2016 file to declare what they declared. This is a total mess as I see it. Thank you for your response Berta. Have a nice Friday and an even better weekend.
  22. After the RFE they decided to raise my disability for PTSD to the next tier.
  23. Why not call your lawyer to see if he did use 38 CFR 4.6? Can you scan and attach his letter to the VA on this? ( cover your C file # and his name prior to scanning it.) Myler V Derwinski was a beautyful CUE award ( I think for 10% but the EED was many years of retro - (Very nice chunk of change)
  24. You could use a copy of the Bill that POTUS signed recently here: http://www.businessinsider.com/trump-signs-legislation-allowing-veterans-seek-care-private-doctors-2017-4 But as Vync said, this will take time to be implemented.
  25. I am already service connected for both knees and currently am waiting in the final stages of increased ratings for all of my service connected disabilities.
  26. Great answer Kanewnut- I too agree that now is the time- since you are out, to make sure you either have contact info for buddies in your Unit-who ,if needed, could give the VA an eyewitness account of anything that VA would question- I see you are claiming PTSD and I have worked with vets with PTSD since 1984( and married one of them)- Oddly enough his initial claim was filed the first day he ever went to VA and it also contained a Buddy statement from the Newark NJ Director-it was the only thing VA ever did right for him. He went there to try to get a VA business loan and came out with a PTSD diagnosis-he didnt know what PTSD was and the director told him ( since he was moving to an area closer to his job- go to a Vet Center near were you relocate and there you will find out what it is ( and that is how he got me, his surviving spouse . -he thought he was the only Vietnam vet that ever came back who had nightmares, explosive anger, and horrible flashbacks.... and he thought he was just crazy--- I have known many PTSD vet in the PTSD program at a loal VAMC and have never met a crazy Vietnam vet with PTSD. But my point is you will need to prove your stressor (s) for PTSD unless you were in combat-OIF OEF- to comply with the 2010 PTSD regulations here. If you have the PH, CAR, or CIB o your DD 214, the VA would probably concede the stressor without proof. This is the 2010 PTSD regulation: https://blumenauer.house.gov/sites/blumenauer.house.gov/files/migrated/images/stories/documents/2010/PTSD_New_Reg_Fact_Sheet.pdf
  27. kanewnut

    What the heck just happened??

    Been there, done that. Agree 100%. But you gotta keep fighting them. Win or Die poker!!!
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  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png


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