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When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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  1. Past hour
  2. Received BBE

    Well I certainly wish you the best, and I would definitely appeal your case. I have M.S. too and have had it since 1993, only in the last 3-5 years has this disease taken a turn for the worse. There is no cure for M.S. and the disease only gets worse. I went from a neurogenic bladder to needing a suprapubic catheter. I asked my V.A. neurologist to fill out a DBQ for me which I sent in with my request for increase.
  3. Today
  4. Received BBE

    Hi Gastone, The way the MS is broken down is by body parts, for example "left upper extremity peripheral neuropathy (minor/non-dominant) due to multiple sclerosis---20% "right upper..." "---20% Same wording with the lower extremeties but both legs rated at 40% each. Adjustment disorder due to multiple sclerosis old percentage was 30% but now it is 50% then---stress incontinence due to multiple sclerosis old percentage was 60% and now the new percentage is 40%. Totally bogus b/c my bladder is more of the urge type (gotta go right now, get out of my way type) and my new VA urologist has words to that effect in the treatment notes. This is the best I can do Gastone. Thank you very much for your input. Holli
  5. Yesterday
  6. Received BBE

    HG, work with me here. Your last post discusses a Bladder SC reduction to 40% and a MH SC increase to 50%, what about the Single 100% SC rating for MS? I thought you only had the (1) MS SC. Any chance you could post a redacted copy of your E-Ben Award Verification Letter. Pull it up under the Letters Link on the 1st page. If you have the (1) MS SC rated at 100% T & P, the (2) additional SC's would qualify you for the SMC S (1) Scheduler Housebound Award.
  7. Hadit turns 21. Tbird will tell us Hadit.com's history. Join us for this special show. To call in dial 347 237 4819 To listen: http://www.blogtalkradio.com/haditcom/2018/01/21/hadit-podcast-special-show-hadit-anniversary-special Dont miss it.
  8. Todays update: Called WH hotline for update: CUE received by WI intake 12/12/17. After having my file flagged as TBI and ready for review (as of 1/8) it was sent to VBA on 1/10. It is now with a "resolution team at the VBA, under secretary of VA." (Special note) The gentlemen told me to call back next week because he said, due to where it is he can't access their notes/file info. Hopefully this means I'm at least at prep for decision or pending decision approval. It's only one contention. As always feel free to opine. :)
  9. Received BBE

    Hi, there is no TDIU in my situation. I am scheduler. SMC L. My husband resigned from his job to watch over me for which I will always be grateful. There was some kind of disconnect between the C&P neurologist and the rater because the rater dropped my 60% neurogenic bladder to 40% and upped the anxiety/adjustment disorder to 50% from 30%. Obvious playing with the numbers because I am rated T & P, the disease is Static, I am 56 years old. Sorry to be blunt but the bladder issue really disturbs me because my bladder has gotten worse not better (that would be a medical miracle). Anyway, Thank you all for your time and effort in responding. H
  10. I just have to add as my humble opinion: ( no judgement here) .....as a retired Navy person- I could not evade the truth in any situation- Honesty is a part of my integrity.
  11. Government shutdown

    https://www.marinecorpstimes.com/veterans/2018/01/19/va-could-weather-a-government-shutdown-better-than-most-other-departments/
  12. https://www.marinecorpstimes.com/veterans/2018/01/19/va-could-weather-a-government-shutdown-b
  13. Government shutdown

    The money for our payments is already budgeted. The shutdown would affect monies not budgeted yet, since the reason for it is not having an approved budget
  14. Psoriasis

    I am service connected but 0%, I have just recently filed for increase
  15. If the government shutdowns does that mean no payments issued on the 1st? I can remember the last shutdown what happened...
  16. Thank you for your reply. Our son was not in the military. My husbands death was service connected. We live in Texas. Lisa
  17. its done everyday, cash money no paper trail. A check payment is IRS WAY OF PROVING U WERE WORKING. leave no paper trail. It may not be great advice but it is the way it is jmho
  18. IF YOU DONT TAKE A PAYCHECK EVERY WEEK, the government cant trace cash money from anybody, but they can trace a check if you take a check for payment. for work being done Paper Trail with check ,cash money who knows. CASH MONEY they cant trace so never take a check for payment because you can trace this VA does not have enough resource to trace money or to check everyone who is TDIU without proper cause. Lots of vets make money through working, side jobs, or what ever . NO CHECKS CASH IS FINE. just saying its a way you might not like it but it is how it is written .
  19. When I was working I worked for a state department of justice office. It is scary how much information is immediately accessible about a person. You can bet the at VA knows how much you make and how much taxes you pay.
  20. Five years is a long time to wait for a claim. It saps your psych and can become an obsession. If you are feeling too much like you want to die a short time at the VA mental health facility might be a good option if it is possible. Otherwise get a good counselor, it is not worth dying over. I have been where you are at after a ten year wait. Broncovet gave you some really good advice. Don't be like me and after your case is decided feel a let down because you have been too involved for ten years.
  21. Having just consulted with the Denver VARO, that office is currently taking 3.5 years to certify appeals to the BVA. That is the Supplemental Statement Of Case step and the last local review before the BVA. If you have already passed that step, the BVA is currently distributing appeals with docket dates up to May, 2014. Add in many months for the BVA to review and make a determination on the appeal and then months more for the local office to implement it.
  22. The fibromyalgia rating should be separate from the secondary conditions of IBS, migraines, anxiety, Raynaud's, and your back problems. Since you already have separate ratings for the above conditions, it's pretty straight forward to me. That said, make sure you submit the following information from the federal register blotter to the VA, otherwise they may decide to pack everything into the fibromyalgia rating, as you fear. From the federal register when the fibromyalgia rating was implemented (also see link below): As the evaluation criteria indicate, there may be multi-system complaints in fibromyalgia. If signs and symptoms due to fibromyalgia are present that are not sufficient to warrant the diagnosis of a separate condition, they are evaluated together with the musculoskeletal pain and tender points under the criteria in diagnostic code 5025 to determine the overall evaluation. The maximum schedular evaluation for fibromyalgia in such cases is 40 percent. If, however, a separate disability is diagnosed, e.g., dysthymic disorder, that is determined to be secondary to fibromyalgia, the secondary condition can be separately evaluated (see 38 CFR 3.310(a)), as long as the same signs and symptoms are not used to evaluate both the primary and the secondary condition (see 38 CFR 4.14 (Avoidance of pyramiding)). In such cases, fibromyalgia and its complications may warrant a combined evaluation greater than 40 percent. Since these rules are for general application, they need not be specifically referred to under diagnostic code 5025. http://www.myalgia.com/Disability/vah_disability.htm Additional information: https://www.tapatalk.com/groups/vets/fibromyalgia-this-his-a-good-write-up-i-took-this--t81499.html
  23. They are giving you a heads up that they will perform whatever type of re-exam as may be needed; it doesn't mean they are planning on any specific test at this point. A sleep study would be "hospital observation."
  24. Not knowing your disability it is hard to say what "including periods of hospital observation" means. In my case it would have included two weeks I spent in a mental ward and one week I spent in the V.A. hospital for observation of my physical disability. They are trying to get all medical information about your case to ensure they have determined your re-evaluation exam correctly.
  25. My condition was first diagnosed as hypochondriasis. After that I was diagnosed as depressive, bi-polar, narcissistic, somatoform, anxiety and others. I was finally diagnosed as suffering mixed personality disorder. It was not until ten years after my discharge that I was diagnosed as suffering PTSD. It was another ten years before the V.A. recognized my physical disability. For all of those suffering from emotional turmoil keep fighting and do not let them shuffle you off with a bad diagnosis.
  26. I attempted to use another forum for questions about my V.A. case and got a lot of flack. Hadit personnel have always been supportive and kind. I got help from people mentioned by Buck52, including him. In the end I won an "unwinnable" case and I am now 100%+ after ten years of fighting. Thanks to everybody.
  27. Hi Everyone, I am baffled at how the VA works. This is an excerpt of a Draft Decision my lawyer stated the DRO made on my appeal. Apparently, it is not finished yet because he or she needs to send it out to his supervisor for approval. This was back in December when I received this and an SOC was issued stating the same thing of an increase from 50% to 70%. My question is, when does the draft decision become final. I find it weird I have 60 days to appeal the SOC with a Form 9 when the decision has not been approved yet. Any insight on my situation and how long it takes for them to approve a draft decision from the DRO? Status on Ebennies states SOC issued. CaliBay JURISDICTION: Notice of Disagreement Received 03/15/2016 ASSOCIATED CLAIM(s): 170; DRO Notice of Disagreement; 03/15/2016 SUBJECT TO COMPENSATION (1.SC) 9434 MAJOR DEPRESSIVE DISORDER (CLAIMED AS PSYCHOLOGICAL PROBLEMS TO INCLUDE DEPRESSION, ANXIETY, FEAR, PANIC, AND POST TRAUMATIC STRESS DISORDER) (CLAIMED AS ANXIETY, STRESS, AND SLEEP DISTURBANCES) Service Connected, Gulf War, Incurred Static Disability 50% from 06/01/2011 70% from 08/28/2014 COMBINED EVALUATION FOR COMPENSATION : 50% from 06/01/2011 70% from 08/28/2014
  28. 1151 Claim filed...

    Do you have copies of your VA medical records that include this documentation : " He went further to tell me that I now have permanent and irreversible skin damage and scarring. This he did document. Bottom line, there is nothing that can be done to correct this condition that now exists" This is BLATANT malpractice.Iwonder what would have happened if you had not filed the 1151 and gotten a better doctor. When VA is aware of potential 1151 and/or FTCA-that is when stuff can suddenly turn up "missing". This is why I asked if you have a copy of that documented record. "Any thoughts as to how I should proceed? Should I simply wait to hear if the VA found fault via the Peer Review?" No. Continue to support the 1151with evidence. A Peer Review they did for my case caused the Regional Counsel to call me to discuss a settlement within a few months of the VA's receipt of my FTCA case.The Peer Review confirmed my charges,. then it disappeared, ...so did the RC, and then so did the Cardiologist who prepared it. I had to supply more evidence to support my lay medical opinion. And what proof do you have that they are even going to do a Peer Review? You dont feel you could handle the fee of an IMO, but by all means search everything you can on the quack who malpracticed on you - to prove they were incompetent and unqualified to treat your condition and also make sure- and this is most important, to research the steriod cream they had prescribed to see what it's side affects were. "Should I send some sort of notice to the Office of Chief Counsel as to my demands for compensation due to malpractice? Should I go ahead and file a FTCA even though I know I can not afford an IMO? I have had no luck thus far in retaining legal counsel to represent me. I do live in Maine and it is difficult to find an experienced lawyer to deal with the Federal Government." I had no lawyer and no IMO when I filed for wrongful death of my husband. I studied everything I could as to his autopsy and death certificate, because he dropped dead of a condition the VA had told me he didnt have--heart disease.I went over his medical records dozens of times, and did a timeline of what the VA did wrong and when they did it, and how they attempted to cover it all up.Long story -the 1151 was denied and then the OGC denied and I found out why- the 6 page autopsy, which was my main piece of critical evidence , was removed from the C file and from the entire medical records they sent to the OGC. When I found that out, I raised hell, and everything changed.and eveything was awarded. If you have the time to do research and to prepare an air tight 1151 claim-you dont need an IMo. But I dont suggest anyone filing FTCA to do that without a lawyer. I did, but I am not the usual type of FTCAer, I had a limited legal background . Also what if this malpracticed event in the long run in some way causes you more disability than the scarring,etc? It already had an affect to your heart...hopefully a temporary effect. Re the SF 95: I am a FTCAer and 1151er and I used ,on the SF 95 the exact Cause of action as I did in my initial 1151 claim, and the same evidence, and I do not feel that web site has appropiate advice. Can you provide link to that?
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