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29,665 questions in this forum
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Opinions, Please.
Sorry about the strange formatting. I don't know why it's doing it. I would like to hear anyone's opinion about this. Is the following M21-1 statement enforceable as a substantive rule, according to the findings in the OGC-2000 decision below? (Try reading mostly the underlined and colored parts.) M21-1, Part VI , Change 86 Erratum, April 19, 2002 a. General. If entitlement to SMC under 38 U.S.C. 1114 exists on account of the loss, or loss of use, of both lower extremities, the veteran also meets the requirements for specially adapted housing under 38 U.S.C. 2101. Conversely, entitlement to specially adapted housing because of loss or loss of use of both lower e…
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Vcaa Notification Errors
The VA in a letter recently- promised me 3 VCAA letters on claims I filed in 2004. The 2003 clams- one never got a VCAA letter and the other one- it does not refer to the VCAA at all- so maybe that isnt one either- Does anyone have a link to an actual VCAA letter? These letters are supposed to specifically advise the veteran but-if they dont send them- and begin working on the claim- what good are they? This bothers me: see under Other Areas of concern-re the VCAA STATEMENT OF DONALD L. MOONEY, ASSISTANT DIRECTOR VETERANS AFFAIRS AND REHABILITATION DIVISION THE AMERICAN LEGION BEFORE THE COMMITTEE ON VETERANS’ AFFAIRS UNITED STATES HOUSE OF REPRESENTAT…
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ptsd Physical Pain From Ptsd?
Hi all: Ever since a lot of bad stuff went down in 'nam, I have had stomache cramps and chest pains. Reading through my original "reasons and basis" from my awarded claim, they site military medical records that show chronic stomache pain and chest pain "that could be psycho-symatic in nature". Are physical pains proof of PTSD? Thank you. Mike S.
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Need Arthritis Rating Info
I want to thank all of you for the information you have supplied. It has been a great help for me to try understand this complicated VA stuff. I I am rated 40% DDD for my back 10% R Hip 10% LHip 10% R Knee. I filed a NOD on my hip claim because the doctor just told my I should have a hip replacement because of the arthritis. He also thinks there is a significant tear in the labrum on my right hip. I told him I can not miss any more work or I will get fired so he agreed to do an arthroscopy and clean up the R hip so recovery would not be too long. I will still need to replace the hip at some point just not now. My question is can arthritis be rated separately from …
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ptsd Veteran At 30%, Can Wife Get Meds.
I am wondering if I can get my medications through VA-my husband currently gets 30% compensation for IBS. We pay for our own BC/BS but don't have prescription coverage-I was recently placed on Plaxil which costs $145.00 for 30 pills and am scheduled for a heart catheterization in 2 weeks--I have a leaky Mitral valve--cardiologist said I would have to take Coumadin also. My husband also has a claim in for PTSD and could possibly get l00%--would that help the situation? Thanks -Sandra, wife of Roger
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Sc Via Aggravtion Of Nsc Condition
Theo's post brought this subject up and we don't discuss this much- If a SC condition aggravates a NSC condition, then the level of 'aggravation' can be service connected. "Pursuant to 38 U.S.C.A. § 1110 and 38 C.F.R. § 3.310, when aggravation of a veteran's non-service-connected condition is proximately due to or the result of a service-connected condition, the veteran shall be compensated for the degree of disability (but only that degree) over and above the degree of disability existing prior to the aggravation. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc)." From BVA http://www.va.gov/vetapp01/files01/0105415.txt The veteran i…
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diabetes Agent Orange Dmii Korea
http://www.va.gov/vetapp05/files3/0519524.txt Very interesting: this vet was not technically in any unit or battalion that VA had already associated with AO- near the DMZ- "A map study conducted by the Board indicates that the veteran's unit, 1/17 FA, was located 1.9 miles from 1/23 IN, and 2.9 miles from 1/38 IN during the time period of the veteran's tour in Korea, and subsequently during the time period when Agent Orange was used in this vicinity. In light of the close proximity of the veteran to units acknowledged by VA to have been exposed to Agent Orange, and affording the veteran the benefit of the doubt, the Board finds that a grant of se…
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Dmii From Agent Orange Guam!
http://www.va.gov/vetapp05/files4/0527748.txt
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Max Compensation For 38 U.s.c. 1114 (p)--what Does This Mean?
I need some clarification of this statement in the CFR: (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). What does this mean: the maximum rate of compensation authorized under 38 U.S.C. 1114 (p)? I know the compensation amount from the compensation table, but I need to know what entitles a veteran to the maximum rate. This implies that the rate for (p) varies, but the comp table only gives one rate for O and P. What am I missing here?
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Vmac Refused To Release My C&p Exam Requirements From My Exam Coming Next Month
Greetings, It appears I am in a battle now. After granting my request to fax me a copy of a C&p exam this afternoon. I have been denied that request. I wanted a copy of it to take it to my private doctor to have the same exam done. I even faxed a request under FOIA. Can anyone give advice or regulation that permits me to have access to this exam requirements? God bless.
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diabetes A Bad Mix Of Aliments
Greetings I have a bad mix of the following aliments: HCV, Sleep Apnea, Degenerative Disk Disease (neck/back), Hypertention, Skin Rash (feet/legs/back/chest), Asthma, Sinus, Vision problems, and now Diabetes II. I think this is a dangerous mix of aliments. I was informed today that my AIC levels were adnormal...possibly full blown Diabetes. I will know more tomorrow. Also, I had my second liver biopsy on Tuesday (HCV over 20 years...two unsuccessful treatments) WOW...any advice???? Best Regards Chiefhouse :P
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Louisiana Varo
I am a veteran from Louisiana and new to this board . I submitted a NOD last May to the Louisiana VARO. I understand Katrina kept them out of their office and they recently reopened in Gretna. My question is in two parts. How long should it take for a DRO to return a decision? Secondly, is there anything I should do to expedite the process or anybody I should be contacting for help? I have read many of your posts and there seems to be alot of knowledgeable people here. Your comments are certainly appreciated. Dennis
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