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29,662 questions in this forum
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Bva Annual Chairman
This is the report that I believe Terry Higgins mentioned a few weeks ago- I forgot to post it. http://72.14.209.104/custom?q=cache:1Nv6dw...381742111066612 One of my biggest all time gripes to the VA is being addressed in this report : "Prejudicial Error Analyses:One reason for the high remand rate of 56.8% in Fiscal Year 2004 was the Veterans Claims Assistance Act (VCAA), which among other things, heightened VA’s duty to assist and duty to notify claimants of the type of evidence needed to substantiate their claims. Following the issuance of Pelegrini v. Principi, 18 Vet. App. 112 (2004), in which the Veterans Court held that a VCAA notice letter must be provide…
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How Long After C & P?
I went before the C&P board on the 6th and 10th of April at the Houston V.A. my C file was at the ratings board since Dec. 8th, when they realized i needed a C&P exam. i'm all finished up with that, now the big question is.... when should i hear something about any decisions made either positive or negative on my claim? thanks...martin
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Part 4--schedule For Rating Disabilities
Federal Register: March 20, 2007 (Volume 72, Number 53)] [Rules and Regulations] [Page 12983-13016] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20mr07-9] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900-AM60 Schedule for Rating Disabilities; Appendices A, B, and C AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department …
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Fee Basis Card
I was just wondering if anyone has had the VA asked for their fee basis card back. I got a letter today from my local VA, stating they want me to turn my fee basis card in. They state they review all Veterans with this card, for continued eligibility. The reason they state for wanting my card back, is all the services that I require can be provided by the VA Medical Center or CBOC. I have had the card for 11 years, and used it once, 7 years ago. They said I can appeal, which I am going to, as what if you are on a trip somewhere, with no VA or clinics close by, in a emergency, without the Fee basis card, you will be stuck with the bill, being I am 100% plus 40%, I fee…
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Medical Retirement
If a vet was retired on disability from the Army with less than 20 years and then was granted 100% from the VA would he have to choose between the VA and the Army retirement? I know if you are less than 30% the Army cuts you a severance check, but what if you are 30% and over? Can you get military disability retirement and also get VA and which is better?
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Heart Disease Rate Increase
I am rated 60%heart disease / 20% DBII / 10% NP left / 10% NP right I am being compensated at 70% VA Math. Recently had another blockage issue in the heart and another stent implanted doc said limit duty next month and come back and see him for evaluation. Called the VA for advise as to rate increase they said would send paper work in 60 days and then file. My questions are should I file for this rate increae or go with a NOD from my last award in Feb. 07 If I go with NOD (Sept.06 one year from that date)I was thinking of asking for a different award date. They only added the heart disease after I had a heart attack in Oct. 05 although I had complained of heart…
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Dumped My Dav Rep
Thanks to the advise from you on this board the other day, I did what you said and dumped my DAV Rep. Some veterans told me to go to PVA and get a rep there, I did. I could not believe the difference. The guy whats to see all my SMR'S. I had only brought the SMR's on my neck and back and he filed claims on both. My question is the form he used was statement in support of claim, VA form 21-4138 and he wrote I wish to reopen my claim for service connetion of my lower back and neck that was injured in service. I did not read it until this morning and he is out of the office today. I have never filed claim on these so how can I reopen these claims or is this j…
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tdiu Tdiu Problems Again! Whew!
Well, I just received a letter yesterday. Not from my VARO of jurisdiction in Chicago, IL but from VARO in Cleveland, OH dated 4 April, 2007. It stated they were processing my claim for I/U and stated they received the I/U claim dated 26 February, 2007. It was the standard boiler plate with the VCAA form, VA 21-8940, etc and asking for proof of disability, medical evidence etc., as if this was a brand new claim. Keep in mind I submitted a VA 21-8940 dated 5 July, 2005 along with MD statement of unemployability and the VAMC Neuropsychology Evaluation stating I would be severely compromised in employment and social environment situations. Further, the same VARO in …
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Need Some Help
Without going into a long explanation, I need some advice and help. 50% service connected. Federal employee (Dept. of Justice, law enforcement). with over 15 years of service in goverment. Service connected disabilities have gotten the best of me where I can no longer do my job at the level I need to. Going for disability retirement. Was told I should also go for an increase in my service connected rating too. Searched the web for help, this seems to be the place. Any advice would be appreaciated. I have a masters degree but learning from experience seems the best way to move forward. Thanks. P.S. I know some of you dislike the goverment (to include the VA), …
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The Knee And Leg Rating
THE KNEE AND LEG Rating 5256 Knee, ankylosis of: Extremely unfavorable, in flexion at an angle of 45° or more 60 In flexion between 20° and 45° 50 In flexion between 10° and 20° 40 Favorable angle in full extension, or in slight flexion between 0° and 10° 30 5257 Knee, other impairment of: Recurrent subluxation or lateral instability: Severe 30 Moderate 20 Slight 10 §4.71a Schedule of ratings—musculoskeletal system. http://www.warms.vba.va.gov/regs/38CFR/BOO...ART4/S4_71a.DOC
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§4.59 Painful Motion.
§4.59 Painful motion. With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm will greatly assist the identification. Sciatic neuritis is not uncommonly caused by arthritis of the spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Crepitation ei…
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§4.46 Accurate Measurement.
§4.46 Accurate measurement. Accurate measurement of the length of stumps, excursion of joints, dimensions and location of scars with respect to landmarks, should be insisted on. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Muscle atrophy must also be accurately measured and reported. [41 FR 11294, Mar. 18, 1976]
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