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  1. Past hour
  2. Quoted for truth. I, too, babble. But, then your claim gets denied.
  3. Concerned

    The RO would always complain about people getting jobs for 11 months, then leaving- Keeping them on IU. Ergo: it seems to me you could be president for 11 months, resign, and still get IU.
  4. MST/PTSD Claim and medication

    DBQ is not mandantory, Caluza elements are. Caluza elements are 1. Current diagnosis 2. In service event or aggravation. 3. Nexus or medical link that numbers one and two are related. Focus on the 3 requirements above. Once service connected, your disabilities will be rated on "symptoms" in the criteria. If your doctor, somewhere in your exams did not provide you these three Caluza elements, then take action to get all 3 or you will be denied. One or two wont do, you must have all 3 Caluza elements. Read your doctors reports, dont guess on what you think the doc said. AFTER you read your file and see that you have all three Caluza elements, then you can read your file again and try to pick out the symptoms you have documented.
  5. Today
  6. The VA generally does not "infer TDIU" when the VEteran is working. I told the VA I was "not working" and they still did not infer TDIU. Im still fighting VA for TDIU after 15 years.
  7. Because they CAN. WE havent put enough pressure on elected officials to do anything about the VA "Kangaroo Court", aka the VAOIG. And, that is the only accountability for VA employees. They are not held accountable for bad service to Veterans, they can lie to us, and nothing is done. The VA votes with their dollars, and they are consistently given more money because the VA always has an answer to any criticism: WE need more money. Congress gives it to them, the VA squanders it, as usual, and when Vets complain, the VA says again: We need more money. One example is the Veterans choice program. Vets complained because of the long wait time, where many Vets died. Congress responded with another 8 billion or so of money for Veterans choice. After VA got their money, the VASEC announced that most of that money would be used to fund a VA hosptial that was more than a billion in cost over runs, instead of Veterans choice. It was a perfect example of how VA makes sure any money goes to favorite contractors, VA exec bonuses, VA exec parties, but not to Veterans, and the VAOIG nods off and looks the other way. Did you notice in the VAOIG reports they "make recommendations"? Well our police force does not "make recommendations" they arrest bad guys. VAOIG does not arrest bad guys because they are bad guys.
  8. Iraq vet Burn pit/ Oil fire award

    Great post Berta. Its amazing how Proper Preperation Prevents Poor Performance, and this Veteran either probably did so, or had a rep who did it for him. It sounds like he had the diagnosis, the nexus, and the in service events all documented. I almost wish this was a CAVC case so it was precedential.
  9. ptsd Special Monthly Compensation, Please help

    Persistant: Please Ask your question in a "new Topic". Its confusing when you ask it in someone elses post. THIS ONE TIME I will answer, tho you will have to start a new post in the future AND you will get more and better answers if you ask your question in a new topic. Based on what you posted, you should get SMC L for A and A. The reason is because you said you cant do daily activities without help. You will need a doctors statement to the effect that you need help with daily activities, and what it is you cant do, and why. You can still get A and A if your caregiver is related to you. See item C, below: 38 CFR 3.352 - Criteria for determining need for aid and attendance and “permanently bedridden.” eCFR Authorities (U.S. Code) What Cites Me prev | next § 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.” (a)Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance ( § 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others. (b)Basic criteria for the higher level aid and attendance allowance. (1) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(h) in lieu of the regular aid and attendance allowance when all of the following conditions are met: (i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p). (ii) The veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section. (iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care. (2) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof. (3) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(2) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-care services at least once each month to monitor the prescribed regimen. The consultation need not be in person; a telephone call will suffice. (4) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional. (5) The provisions of paragraph (b) of this section are to be strictly construed. The higher level aid-and-attendance allowance is to be granted only when the veteran's need is clearly established and the amount of services required by the veteran on a daily basis is substantial. (Authority: 38 U.S.C. 501, 1114(r)(2)) (c)Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.
  10. Yesterday
  11. inferred IU

    Ok he has to file the claim for th iu? Or can he have the Vso in dc to point out the dr is saying he is not able to work, would the consider it with the appeal. I did get him to let the appeal for increase in diabetes go thru. But she has convinced him that it is hard to get iu. Or maybe he thinks he is asking for something he does not deserve. Im to the point, im tired trying to make him understand that he needs to prosue this. But thanks for you all letting me ask for your advice. I just have to pray if something happens to him I can get dic?
  12. Trying to locate documents

    Not enough info---have you used FOIA? https://www.foia.gov/how-to.html I have used FOIA many times and have the signature of Ken Starr ( Lewinski-Clinton mess) on many appeals. One request took about 5 years to get the info- others reaped the info I wanted in mere weeks. You need to write to the "agency" or government depart that you believe holds the info you request. Be specific that you want a copy of the video as well as copies of any documentation and be sure to set a fee you are willing to spend up to-----if the forms ask for that. Be as detailed as you can be as to naming names and dates I asked DOL for some sensitive info and told them I would spend up to 200 dollars for it, but to let me know if it would cost more than that. I stated the info was in the interest of the public and they sent me a large envelope of info and I don't think they actually charged me at all. The DOL made a tremendous error and I got MUCH MORE than I bargained for.It helped me succeed on 2 of my dead husband's claims. Very sensitive stuff.They threatened me with a US Marshall coming to get the packet within 24 hours.I missed a bunch of yard sales waiting for the US Marshall as I had made copies of it all anyhow and didn't tell them that. So I called the NY US Marshalls office in Rochester and learned that no one from DOL had ever requested a Marshall to come here.I missed those yard sales!!!! VA, under FOIA once, revealed to me the entire employment applications of about 12 people,most all were already employed by VA, with their SSNs and everything. That info helped the VAMC director to act fast when I threatened to help my husband file a EEOC discrimination case against them.He was horrified to see what my FOIA got me. My point is you might find out a lot more then you know--- you might be denied the info, but you can appeal. FOIA is a powerful tool. Do you have contact info for anyone else in this training? Was the investigation public knowledge? You posted in the MST forum so I assume this is a MST issue for you- was it for any others as well? Please go over FOIA link carefully as I assume you might need to direct it to DOD FOIA office.
  13. Marina, I use Medicare and CHAMPVA and I only had one problem in years. But with a pharmacist-and CHAMPVA squared it all away,with a phone call. I chose the 50$ co pay instead of having the Meds by Mail deal.I do not foresee how you would have any change, since you signed up for Medicare. I get my meds at the same grocery store I use The local VAMC is closer than this store and I think I could even get them at the VAMC in person But I would rather pay the 50 bucks. Only once I had a problem and a new pharmacist told me that CHAMPVA would not cover a specific med. My only prescription is for atorvastatin to take only 2 pills a week. But I think I had a different prescription for something years ago and this was what the pharmacist said CHAMPVA would not pay for. I asked him to run it through CHAMPVA to check but he wouldn't do that, so I paid about 59 bucks to him, came home, looked up the med in the CHAMPVA handbook, called CHAMPVA, and then CHAMPVA called him and within about ten minutes later the pharmacist called me to apologize and that my 59 Bucks was waiting for me at the Pharm window.He was wrong-they covered it.....maybe some sort of antibiotic.....? forget I don't have or really need Medicare Part D. CHAMPVA is wonderful. No insurance covers new orthotics I just got,for severe pronation problems but they and Medicare cover my regular podiatrist's bills, and Medicare will cover a pedicure by a podiatrist every 2 months. I think they paid 60 bucks for my last pedicure, done after the doctor casted my feet. We have done radio shows here with Glenn Johnson, Head of CHAMPVA in the past and they are still in our radio archives. He gives out his contact #,on the shows and is very willing to help with any CHAMPVA problems.
  14. Bergie: EXCELLENT Point, along with excellent Observation. I was unaware the new NOD forms do not have a space for a "hearing". I seem to recall the old form had a "hearing" option on the form, but that has apparently been done away with. No, hearings have "not" been done away with..the Veteran still has a right to a hearing, per 38 CFR 3.103, posted below. You have to understand what is going on here. The VA has review teams which review these forms carefully before changing them. And, it certainly would appear that VA IS trying to do away with our right to a hearing, by not bothering to tell us we have that right. It reminds me of the DBQ's. No where on this list is there: "Is the Veterans disability at least as likely as not related to military service? " Check yes or no. This is a not so subtle way of having the Veterans claim fail. If the doctor does NOT say the condition is at least as likely as not due to service, then the claim is denied having no nexus. So, they dont want to remind the doctor, or the Veteran, that they need to include this super important statement. That would mean more claims are approved. Instead, lets hope the Veteran forgets that he must have a nexus (many, many Vets persue claims absent a nexus statement), and forgets he has a right to a hearing. Again, Excellent Observation and excellent Post, BERGIE. https://www.law.cornell.edu/cfr/text/38/3.103
  15. You point is valid. And your tone concludes that it is not just our Nation Veterans who are being negatively affected. As I stated, I am satisfied with the results of my attorney. She is a professional and appears to be well-versed and I remain blameless of the legal profession. What is clear (and I hear your frustrations....in your response) is the "legacy appeal" process currently at the BVA is "absurd". What we know is that this backlog is a direct result of the backlog of claims (600,000+) that were rushed- through (thrown-over-the-fence) the system in 2013. Many of these claims are now in the appeals process. This too shall pass. Thank you for your support and your reply. V/r
  16. What I don't understand about IU and substantial employment is that if I took a contract job in aviation and I get fired due to my memory like my last 3 jobs in aviation. I would hope I could make it past the first 30 days but in those 30 days I could potentially have made over 4k just working maybe 32 to 40 hours a week . Which is over whatever amount is said per month but doesn't last more then 30 days Jobs in aviation pay very well and give you time to train paid. But all of my 8 years out of the military I stayed in aviation but my memory has prevented me in keeping a job I had 4 different jobs last year and made over 39k. The VA still granted me IU, before I forced myself to work even the cost of aircraft and lives were at risk there because of my TBI residuals but I had to provide for my family. luckily I only damaged aircraft and did over 100k in damage total but no lives were ever hurt. So is employment lasting 45 days or less producing more then the poverty level considered substanial employment grounds for termination of IU and my Permanent and Total award? I am considered 90% IU Permanent and total with SMC S.
  17. IMO from Dr. Anaise, CKD

    I used Dr. Anaise for my IMO on most of my current claims on appeal. I'm still awaiting the outcome of a DRO Hearing, but I have to say that Dr. Anaise does an outstanding and in depth report, covering all bases. It definitely shook up the whole VA's "develop to deny" process, so we'll see. I also have to say that his office was a joy to work with. Everything was done on the telephone and via e-mail. I forwarded PDF's of my medical information, and when they were finished with the IMO, his office sent draft copies of the IMO back to me to review, and happily made any corrections when I noted something, which was only one or two small issues. I'll let y'all know when I get a "final result" of his IMO. Have a great week! Mark
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