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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies

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  1. Past hour
  2. How to get your questions answered... 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. 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’. 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. 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? I 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.
  3. An NP can be overruled by another doctor, but an NP is way above a Nurse or a PA, and is only not a doctor due to number of clinical hours on rotation. If you can get them to write a nexus and they note that they are familiar with your medical file and military history, yes, they can. My GP wrote one for me about 15 yrs ago due to her familiarity with my VA records, because I shared them with her, along with my transitioning record when I left service with my LOD and Meb/Peb. They aren't as strong as a specialist but if thats all you have go for it.
  4. I am very confused. I have a NP as a PCP. I also see a NP most of the time when I can't see my Spine DR. I am having my Spine NP write an IMO because the DR refuses. I was told by a DAV rep that I should not have a NP write the letter even though she is experienced with nerve and spinal conditions. He said the VA will give it as much weight as if I wrote it... Any ideas?
  5. GB Army not sure you seen this above post.....and it still maybe unclear to you and its not clear to me either. broncovet is helping me but kinda put a hold on all this due to us moving changing address.
  6. Today
  7. https://hadit.com/2020-va-disability-pay-schedule/
  8. Anthony333777, If you would read through the post that you are posting to, you can see that there has always been questions about if someone in your position can legally work and draw the 100% PTSD rating. In which the answer in the same. You the individual run the risk of being re-evaluated.
  9. Anthony I don't know what you are responding to, but you are posting against a 2016 question. That can get really confusing to folks real quick.
  10. I know a VSO who has a 100 percent rating for PTSD and he's working. I'm 100 percent schedular for PTSD permanent and total and I'm using voc rehab to get a job so I can be a nurse at the VA. The thing is, they define what total occupational and social impairment means. If you fit that criteria and you somehow manage to find a job despite the conditions that define total occupational and social impairment, you should have nothing to worry about. Plus, you can always fight it if they reduce you or find other conditions that you have and get those bumped so that you'll have a 100 percent rating. Good luck dude
  11. First things first, this thread began in February 2017 and ended in 2017. Really not sure who you are directing it to but the bottom line you are being forewarned that VA/SSA could try to re-evaluate your disabilities once/if you complete your courses and it could be a very hard road back. If you get to the point of maintaining a position more than twelve consecutive months, you will definitely be re-evaluated. Now with that said, you do whatever you want to do. It is your life and your decision.
  12. Dude, you are WRONG!!!!!!! I'm 100 Percent Schedular Permanent and Total due to PTSD plus homebound Special Monthly Compensation S plus I'm bon SSDI and I got approved for a Doctorate to do Physical Therapy School through Voc Rehab. I only had 22 days left on my GI Bill and they had to extend my schooling by 3 years! This is how I did it. I shadowed a lot of Physical Therapists and letters of recommendation from them plus with my professors. I logged my hours and showed them that I got accepted into Physical Therapy School. They approved the program. I went to Social Security and got into the Ticket to Work program so they wouldn't review me while I was in Physical Therapy School. So, I got to keep both benefits while I was in school. Also, while I have heard of people losing 100 percent permanent and total schedular due to PTSD for working, I have never seen anyone on this forum actually lose it. Also, my VSO told me that once you are at 100 percent permanent and total schedular, I can't lose it even if I'm working unless I open up the case myself. With that being said, I did fail out of the program and I'm back to square one. I'm trying to go back to school to become a nurse and work with the VA. I'm going to do everything to cover my ass in the meantime. I figure in theory they could lower it if I'm working, however, if you have most of the symptoms of 100 Percent schedular you shouldn't lose it and you can fight it if they try. Don't give up! You got this! My VSO tried to tell me that getting approved for a doctorate was impossible, but holy moses, it got approved!
  13. Hey guys you need the whole story here. I agree if a VET can work they should! We also know how hard it was to get to where we are with our benefits. Like was said before make sure you are willing to risk your benefits of going back to work. They will look at your disabilities again if you start working.
  14. Thanks! What is a “implementing” decision from RO? Can my VARO change the decision that the VA judge granted?
  15. If you agree with the Board decison, you dont need to appeal. If you think that effective date, or any thing else that results in reduced pay is wrong, then you can appeal the bva decision by hiring a lawyer and going to the CAVC. A lawyer will probably represent you at no cost to the CAVC because eaja pays the fees. You should get an "implementing" decision from your Regional office, before you will get any money. This could take 2 months to a year. If its been over a year since your board decision, let us know. Rememeber, you can appeal any decision except the US Supreme Court.
  16. I agree, you should work if you can. First it will almost always be more money for you to be working, "even if" some percenage is reduced. More importantly, its better for your mental health if you can be working and productively so. Many Veterans work with 100 percent, Senator McCain is an example. Yes, you can work for VA if 100 percent. I never suggest collecting government benefits "if" you can actually work instead. If I could work and earn money, I would already be doing so, even if it meant my benefits were reduced. It would depend on circumstances if your benefits were reduced if you went back to work, but you have protections and may be able to do both.
  17. https://www.ssa.gov/planners/survivors/ifyou.html Due to Covid, they would probably accept the application on line with any PDFs of the other info they will need.
  18. If you get a decision from VA, and you dont agree with it, and your VSO filed forms including a substitution of claimant, then you can post "reasons" for decision and we can help you appeal. (likely). Many times widows have to fight for their late husbands benfits, "not just" Veterans.
  19. PacmanX is also correct- you will need to apply for widows death benefits-from SSA, if you meet the age requirement- The main SSA site is online and they will have info you need- and possibly have the app on line as well. You will need death cert, marriage license, Birth certificates of any minor children, and possibly more documents,if you are eligible for the SSA spousal death benefits.
  20. Yes, its wrong, based on what you posted. The effective date may ALSO be wrong. 1. If the retro was wrong, then ask for an audit to correct it. 2. If the effective date was wrong, then file a nod disputing the effective date(s). You can use a retro calculator to determine your correct retro: https://cck-law.com/va-disability-retro-calculator/
  21. Thanks Broncovet- we were on line here at the same time- Broncovet is Right!!!! If you are eligible for accrued benefits-,the only way to get them is with the substitution form.- if the claim for accrued is successful and if it was filed within one year after his death ( unless it falls under Nehmer- others will explain that- I have considerable info in the AO forum as to Nehmer. https://www.va.gov/ Go to where they say to get a status of your claim or appeal. Ask for an email reply-so that you have hard copy of what the status is. Do you have copies of what the VSO filed? Others will help.
  22. While I agree, there is still something important you need to do: File a "Substitution of claimant". This means YOU can/should get benefits from you late husband. You can continue the appeal, "but only if" you file a substitution of claimant and contine that appeal. This is important for 2 reasons: 1. You could get retroactive pay back to the effective date of the first time he filed, which can be tens of thousands or even hundreds of thousands of dollars for you. 2. If, during your appeal, you get 100 percent for your late husband, 10 years back, it should guarntee you get DIC. The regs state that his death has to be related to service connected conditions, Unless he was 100 percent for 10 years or more, and then it does not matter the reason he passed. Its possible, or even likely, if you continue the appeals (after filing substitution of claimant) he MAY get an effective date of 10 years prior to his death (of 100 percent), and this makes getting DIC easy. DO NOT FAIL to file a substitution of claimant promptly. YOU could lose out on benefits and it could cost you a lot. An attorney can help, or we can help. If you get an attorney for VA benefits, get one from this list: https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default I noticed Berta posted WHILE I was posting, and its good. She also mentioned substitution of claimant.
  23. Call 1-800 827 1000 to get a status of both claims that were filed. Or you could file an IRIS inquiry ..or do both. The first thing you need to do is to find out if the VA actually received those claims. Have you also filed for substitution of the claimant, as to the claim he had filed? Others will explain "substitution". We have limited info here from you and others here will need to know more- Please read also the AO forum info as to Blue Water Navy veterans and Agent Orange- under HR 299 and the other links as -if he applied prior to the new Blue Water Navy regulations, that needs to be clarified, and if he in fact was a Blue Water Navy veteran. Others can explain that here- they will find (and you) what you need in the AO forum. Whether or not he was a Blue Water Navy veteran, GBArmy gave good advice. Also the former 21-526 DIC claim form has changed. What forms did the VSO send to them? Can you tell us where he served and when, what the death certificate stated as to Primary cause of death and any secondary cause,contributing to death? Was an autopsy done, and if so do you have a copy of it? What disabilities was the 90% Service connection for ?
  24. Broccovet has figured things like this out before, if he sees your post I imagine he will calculate this out. as I understand there's a special calculator they use for retro and different % you need to remember Rerto is figured at the year it was paid and what the retro was at that time, historic retro is complicated to figure out and it increases as the years go by.
  25. It really depends on what the difference from 70% and 100%. That should be incorrect as 90% to 100% should be that amount. How did they explain the difference with the pension? They should have sent a full breakdown of benefits received and what is now being sent.
  26. This would be a traumatized event and if your diagnose for PTSD from the trauma this would have caused you later on to be traumatized you need a diagnose from the VA FOR PTSD (ONLY THE VA CAN DIAGNOSE PTSD) ,Also you can use buddy statements about visioning the dead body's that you seen, (body parts) names of your buddy's that were with you at the time , your unit and commander if you remember who he was? and also the date and location of when this event took place, it seems we need to prove a thing like this happen you should have in service records for this too, BUT UNFORTUNATELY something like this . will probably not be on your DD 214, SO you may need to prove it happen with buddy letters that would would be good evidence because every thing we did unfortunately was not recorded or log down and was just forgot about. if your within in 10 days of the said event (gathering up dead body's and human body parts) they will certainly take this into concederation I certainly understand what you mean especially about being traumatized. it also helps if your in VA PTSD Therapy YOU will need a diagnose that this event has traumatized you usually something like this is the cause and reason it brings on the PTSD Later on in life.
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