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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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  • 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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  • e-Benefits Status Messages 

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    e-Benefits status is helpful but not definitive. Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Continue Reading

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  3. kevlarsamurai

    Alternative Criteria

    Greetings, Thank you very much. The case history was next on my list. I have been trying to find it in M21-1 and it has just eluded me. Basically, I won my CUE at the RO on a remand, but lacking PFT's I couldn't get the full EED. I actually requested an exam back then and none was scheduled. So, I think, an argument can be made that because I was denied an exam... extra-schedular might apply or... if we truly are benefit of the doubt on rating going to the veteran, 100% now could have been 100% then. But I don't think that is fair. Thanks again. You do great work on here. S/ K
  4. It could mean other tests done by a private doctor-not sure at all There was a change in the ratings in 2006, that is included in this BVA decision: https://www.va.gov/vetapp14/files3/1420703.txt You might find somethig to help in the BVA search feature I just used: https://www.index.va.gov/search/va/bva_search.jsp?QT=Pulmonary+function+tests+(PFT's)+&EW="alternative+criteria&AT=&ET=&RPP=10&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992
  5. This is the article I meant: https://community.hadit.com/topic/51577-new-post-defining-a-stressor/ and the 2010 PTSD criteria is explained here: "38 C.F.R. § 3.304(f) concerns service connection for PTSD. It states that service connection for PTSD requires (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a), (2) a link established by medical evidence between current symptoms and an in service stressor, and (3) credible supporting evidence that the in service stressor occurred. With regard to the stressor element, section 3.304(f)(2) states that if a Veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the Veteran's service, the Veteran's lay testimony alone may establish occurrence of the claimed in-service stressor. Similarly, section 3.304(f)(3) states that if a stressor claimed by a Veteran is related to the Veteran's fear of hostile military or terrorist activity and a medical professional confirms the claimed stressor is adequate to support a diagnosis of PTSD and that the Veteran's symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the Veteran's service, the Veteran's lay testimony alone may establish the occurrence of the claimed in service stressor." https://www.va.gov/vetapp18/files5/1827252.txt
  6. Unless you fall into the 2010 PTSD criteria ( available here under a Search) as to, that your service gave you a fear of Hostile fire, and/or close proximity to it) or you have the CIB, CAR, or PH on your DD 214, you will have to prove the "nexus" , meaning the link to your service. I have an article here searchable as to what stressors are or are not. Your PTSD diagnosis will have to come from a VA MH professional.
  7. This is great news for those veterans, thanks Bertha.
  8. As Broncovet says you need a nexus. That is a medical opinion that your condition is at least as likely as not related to your service.
  9. <<<<< I think my strongest piece would be a lay letter my mother wrote that details my schizophrenia and ptsd and gives a service connection.>>> Unless your mother is a psychologist or psychiatrist, she is not considered capable of diagnosing you with a major mental disorder. While she certainly is capable of testifying that you are not who you used to be when you entered the service, that does not provide the third ingredient you need to show service connection. I presume you have the first requirement of a bona fide history of psychiatric treatment or a qualified, documented stressor from your time in service.
  10. vetquest

    Special monthly pension

    Off the top of my head I cannot be sure but it should be around $350. It will continue as long as your rating continues unless your condition improves.
  11. Congratulations, your case will go back to the RO who will grant a percentage. The date, it goes back to should be the date you filed. Sometimes it will be the date of your C&P examination. We cannot speculate how long it will take, that depends on your RO. The good news is that it is supposed to be expedited since it is a BVA remand. If the percentage is not good or the effective date is not good you can appeal back to the BVA for an earlier effective date or for a greater percentage.
  12. It would be nice if it wouldn't be that long but we all know how the va works it's so frustrating..
  13. I just was granted a special monthly pension along with my service connected disability how does that work and how much or how long will i get it for . Received it for housebound...
  14. Congrats. Hopefully not long. Mine took about 90 days but could be possible it went so fast because I had a buddy who worked at VBA who made my case ready for decision a week after the BVA grant showed in their system. I’ve heard the average is 4-6 months.
  15. I am relieved that the VBA saw that my bipolar disorder was caused by my time in the military also it was stated several times in the ruling that the VARO shouldn't be making decision on opinions not facts. As far as ebenfits isn't showing anything yet just hope it doesn't take as long as it did to get my first rating took 2 yrs for my first claim. Also on Va.gov says speical monthly pension but not in the letter i received has anyone else have that happened If not i am just happy that they acknowledge they messed me up. BVA 11/8/18 VARO ? EBENFITS ?
  16. Greetings,I had asked this in other forums and received no response so I wanted to ask here as well. Apologies if you had to read this twice. I might have spent too long looking at codes, regs, etc and I may be reading to much into it... but what exactly does that mean and where is it defined? This is from Title 38; Chapter I; Part 4; Subpart B; §4.96. It is also found in M21-1, Part III, Subpart iv, Chapter 4, Section D ."(d) Special provisions for the application of evaluation criteria for diagnostic codes 6600, 6603, 6604, 6825-6833, and 6840-6845. (1) Pulmonary function tests (PFT's) are required to evaluate these conditions except:(i) When the results of a maximum exercise capacity test are of record and are 20 ml/kg/min or less. If a maximum exercise capacity test is not of record, evaluate based on alternative criteria."What is that "alternative criteria?" Does it mean, use something else to evaluate such as symptoms or is there a chart or something? Thank you in advance.S/K
  17. Berta

    Nexus Letter

    Broken soldier is correct on the favorable window for presumptive MS. The regulations are within this recent BVA grant for MS. https://www.va.gov/vetapp18/files8/18900001.txt In this case the VA had denied for MS but then the vet re-opened with 3 IMO/IMEs- one from Dr Bash, a well know IMO/IME doctor who also has MS. The veteran's MS did not fit into the 7 year presumptive regulations. ORDER As new and material evidence has been received, the claim of entitlement to service connection for multiple sclerosis is reopened. Service connection for multiple sclerosis is granted. https://www.va.gov/vetapp04/files2/0410750.txt This was a grant too- with IM0s from Dr. Bash and others: https://www.va.gov/vetapp04/files3/0428859.txt But many MS claims are denied by BVA, if they do not fit into the 7 year regulation, and they almost always require a strong IMO/IME, to succeed.
  18. Penguin it would help us if you can post a redacted copy of your denial What we Decided'' (black out personal info) If you were denied then you need to Appeal, it is required by the VA Its the Law. I would file the 21 -0958 and submit any favorable evidence that would show them they was wrong in denying your claim. Appeal each issue separate as outlined in your denial letter, you can do this on the 21-0958.... ASAP. https://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958 I would submit it both ways e benefits on line and snail mail to the Janesville claim process center . better to double barrel these guys as they lose records all the time/or get miss -placed
  19. Hello all, I received my disability decision rating for my initial claim about 2 weeks ago. I would like to submit additional evidence to support my claim and receive a higher rating on some disabilities and service connection on the issues denied. On the VA Form 4107, it says I have two options: Start an appeal by submitting a Notice of Disagreement (NOD) Give us evidence we do not already have that may lead us to change our decision I am interested to learn more about option 2, because I have heard appeals can take longer. It is not clear how to submit additional evidence (who should I send to, can I submit through ebenefits online or do I have to mail?). If anyone has experience with submitting additional evidence instead of submitting a NOD, I would love to get your advice on exactly how to submit and how to track and follow up with the VA after submitting. Thank you!
  20. Hoppy Is there a chance you can put a redacted copy of your award letter on here the reason& bases of your award or What We Decided'' when you got the 100% P&T (black out personal info) I notice you went from 70% to 100% P&T. I was thinking they may have failed to award you SMC S back then? once your awarded a SMC then you can clime on up the SMC Latter so to speak When you have another disabling Disability that arises even secondary disability's When a Veteran has a S.C. 100% rating and then files for another separate disability at least S.C at 60% the VA Has the Duty to Assist the veteran in giving him the highest possible rating that he is entitled to and inferr the Correct SMC he /she is entitled too! Also you can check with Asknod.org he has some great information as to how the SMC Latter works , he explains it pretty good as to what SMC A Veteran would be entitled too according to his S.C. Disability's.. .Now I am not so sure if the veteran has a NSC disability and getting compensation for that if he would be entitled to the SMC?
  21. In part: “HARTFORD, Conn. — Thousands of Navy and Marine Corps veterans of Iraq and Afghanistan who developed post-traumatic stress disorder but were denied Veterans Affairs health benefits have been given a green light to sue the military, under a ruling by a federal judge in Connecticut. Senior U.S. District Judge Charles Haight Jr. in New Haven on Thursday certified a class-action lawsuit against Navy Secretary Richard Spencer by veterans who say they were unfairly given less-than-honorable discharges for minor infractions linked to their untreated mental health problems. The discharge designation prevents them from getting VA benefits including mental health treatment.” https://www.cbsnews.com/news/judge-allows-class-action-suit-by-mentally-ill-veterans-denied-va-health-benefits/ More info here: https://www.militarytimes.com/news/pentagon-congress/2018/11/16/court-allows-class-action-suit-against-navy-over-bad-paper-discharges/ Certification can be the hardest part of Class Action attempts- So this is Very Good News for any OEF Navy or Marine vet adversely affected.
  22. The VA gave him MMPI,-combat related , the Weschler, the Shipley Institute test, Trial-Mosing test , the Hand test, and one more- forget name of other test. That was many years ago but if this battery of testings has been enhanced since, it would definitely help them separate the PTSD from TBI. TBI is a physical disability- PTSD is a MH disability.
  23. "One psychiatrist feels he can separate my husbands TBI from His PTSD" Yes- that can be done with proper testing. My husband's VA psychologist gave him 6 tests over a 2 day period- It was part of the evidence they used for the posthuous 100% SC PTSD award, as well as the 100% P & T 1151 award. He already had the 2 separate SSDI awards. I will try to find the names of those tests .
  24. I’m being rated on both knees. I know ROM is involved in rating the case, but which ROM do they use? Initial, after 3, or flare up?
  25. Vet Dog and wife

    PTSD/TBI, Headaches, and bad back

    My husband is still at the psychiatric hospital. will hopefully get out in a couple days. His doctors said they would write any letter or fill out any DBQs to verify his need for my full-time help, his migraine headaches, his PTSD, His TBI, and any other issues he is suffering from. could I get some help as to where to go from here, what kind of letters he needs, and what DBQ he needs? One psychiatrist feels he can separate my husbands TBI from His PTSD. all the doctors agree that my husband should go back to the United States ASAP due to his need for Medical care at the VA. Any help is much appreciated thank you all so much for all your help
  26. T-bird—Thanks for your comments. Your mention of SMC gave me a new area to research. Before I was only searching “aid and attendance” The result I was getting involved the improved pension for veterans who did not have a service connected disability. I am still finding what appears to me to be conflicting eligibility requirements . This is what I found of significance. Shown below ---The VA iris site makes a reference to eligibility based on ANY CONDITION. However when I search BVA decisions for SMC the only decisions I find say DUE TO SERVICE CONNECTED DISABILITY. Any and all concerned-----If I am 70%+ for a service connected condition do I have benefits under SMC or is there something else. I doubt that I will need nursing home care for my service connected vascular disease. I am trying to plan future financial resources in the event I have a stroke. I am going to forward this post to my service org. on Monday. Unfortunately, the guy who got me 100% departed this earth many years ago. I just went over 20 years as 100% P&T. We will hear what they have to say in the future. From IRIS VA.GOV VA benefits provide for a range of long-term services which include, Nursing Home…….. a veteran must be in need of such care and seeking nursing home care for a service-connected (SC) disability, OR is rated 60% SC and unemployable, OR is rated 60% SC and permanently and totally disabled (P&T) OR for any condition if the veteran has a combined SC disability rating of 70% or more……. Veterans with a compensable service-connected disability are exempt from long term care co-payments. ……. From BVA decisions SMC at the "l" rate is payable when the Veteran, due to service-connected disability, has suffered the anatomical loss or loss of use of both feet or one hand and one foot, or is blind in both eyes, or is permanently bedridden or so helpless as to be in need of regular aid and attendance. 38 U.S.C. § 1114(l); 38 C.F.R. § 3.350(b).
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    • Military Service Records - Military personnel records can include DD 214s/Separation Documents, service personnel records found within the Official Military Personnel File (OMPF), and medical Records. Military personnel records can be used for proving military service or as a valuable tool in genealogical research.
      • 0 replies
    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 6 replies
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
  • 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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