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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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    • I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
      I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
      I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.

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  1. Today
  2. I have challenged many C/P exam when the examiner decided that my condition should not be service connected. If the examiner did not complete the exam properly, or contradicts his own opinion, ( and this happens a lot). If an examiner is asked for an opinion for one leg and gives it but for the other leg says he would be speculating you can challenge this. If a examiner fails to mention scars or that you wear a brace or use a wheelchair, that can be challenged. I don't always win my challenge but I win more than I lose. You just have to go through the exam line by line item by item.. and point out the false or incorrect answers.
  3. Fat, I had some claims faxed in by a VSO that took TWO months to show up on the system. That was in February so your mileage may vary.
  4. This can be a stretch. The only time I would try to question and examiner's qualifications is when you have an IMO by a specialist and the VA's examiner is a general doc or a nurse, yes I have had a nurse do an examination on me before. If the rater takes the word of a possibly shaky exam over a specialist who provides reasons and basis's for his opinion I would think about contesting the qualifications of the examiner. I once had an IMO doctor question an examiner in a roundabout way by stating that the VA nurse who completed the exam did not treat me and therefore would not have a fully informed opinion.
  5. Killemall, I have been to in person hearings for the BVA and NOD's. My rep was always there. At one my rep asked few questions of me but otherwise sat there. Try to feel your rep out before the hearing. If he is willing to sit down with you and discuss the hearing he might be good. If he does not have time for you, you might want to find someone else in the office. If they ask you why explain that you have a very important NOD coming up and want it to be well thought out and planned. I have learned that some reps are just marking time like the VA which employs them, yes the VA employs your reps. Good luck.
  6. Hello Tenya, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. 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’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post 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. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  7. @fat, and others. I am going to attempt to test this when I have my NOD hearing. I have neuropathy in the legs and also suffer pain for this that is treated by my doctors. I am going to raise the issue since my pain has increased. I do not know if they consider that neuropathy is painful when they rate it but I sure am going to test this presumption on chronic pain. I will keep you updated but I may die before I have my NOD at the rate they are going.
  8. I have DDD and DJD of the lumbar service connected. Here's the scoring. You get 10% for x-ray, i.e., I have pain and they take an x-ray, it shows arthritis, etc.. To get more than 10%, its ROM, Range of Motion. I get 20% for my lumbar because of ROM. I also get 20% for my cervical for ROM, again, first service connected via x-ray at 10% then increased. Cervical and Lumbar are rated separately, Thoracic is part of Lumbar. You technically can get even higher ratings for lumbar, however, it takes a doctor prescribing "bed rest" which is not done anymore, so not very likely. VA needs to get into the 21st century regards medicine. With all that said, I was service connected for pain at 0% (ankle) which I can not find anywhere in the bible. I didn't fight it, but did get better evidence and requested an increase and got 10% in the end. FWIW, Hamslice
  9. It looks like you're damned if you do or damned if you don't. You won the battle and got the 100%, but the VA says someone needs to take care of your finances. If you fight to prove you can take of you business, the VA, may say you're not at the 100% level and give you less. If it were me, I'd take the 100% and find a stranger, most likely a librarian/notary to make my fiduciary, definitely not anyone I know or am related to. That always turns out bad. Then enjoy life, Hamslice
  10. Yesterday
  11. Hello Richard Reeder, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. 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’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post 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. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  12. demodemon7 This is a help blog; we all try to be open minded when we respond to questions submitted. Sometimes the grammar or spelling (like mine) leave something to be desired. We try our best to get to the meaning of the post, and then provide an answer. In your case, I responded the only way I thought was appropriate. I have since re-read your quotation. I can't find a reason to change my advise. My point is that there is a negative note in your file; it is written by your doc; it says there is reason to suspect that if you received 100% ($3K/month) you would use it for drugs and/or booze. That is exactly why you have a problem; it is not because you said it or the doc said it. The problem exists because it is negative evidence in your file. To get a favorable solution, you need to show you are not a threat to yourself Now.
  13. I've used him. Very detailed in depth reporting. In my case, I had to separate TBI/PTSD. The VA isn't about to do that. It got the ball rolling for TBI C&P's (which were positive). I put in for PTSD increase based on his reporting and his recommendation I be at the higher rating. The VA Psyc C&P DR. was not impressed with his report (in fact quite dismayed). Her report reflected it. It was garbage and the VA knew it didn't match up with my medical history. I had to formally complain and got a redo on the PTSD C&P. They also re-did the TBI two more times. One C&P DR. was baffled why I was in there again. She found a couple more issues on top of my original TBI C&P. Had another C&P two days later for PTSD and TBI. Also was sent into a Migraine C&P after the initial TBI C&P. So a total of 2 PTSD and 3 TBI C&P's. Both these are deferred now. We'll see what the VA has to say about all this stuff. If you go this route, be prepared for them to scrutinize. They hire their examiners for a 20 minute interview and that's ok. We hire ours that take months to examine all you medical records and they take issue with it. But if you have the medical evidence, you should be fine.
  14. Hello Chesdarithp, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. 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’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post 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. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  15. Vync is spot on. Veterans that have a s-c should do a very simple check. If they are prescribed a medication, they should look at the warnings on their spec sheet that comes with the med, and also look up in the internet, any problems or warnings when taking that med. If you have any of those symptoms you should try for a secondary because the VA prescribed it. You would might be better served to get an IMO on it from a doc because it is a secondary condition. NSAIDS taken for heart problems causing GERD is a good example. IMO
  16. Some C&P examiners make a decent living lying for the VA. I'd hate to have to look myself in the mirror every day knowing what I was doing to other people. Those lying C&P examiners have required that I spend money for adequate medical exams to prove my claims are valid. In essence, there are officials at the VA who willfully use bad C&P examiners in an effort not to pay claims.
  17. 10 months is a lot better than two or more years. I would expect a DAV rep would attend the conference with you. I recommend that you go over your plan with the DAV rep before going in, preferably earlier the better and then again just before the video conference. I say this because I used a rep back in the 90's for my BVA traveling board appeal and they didn't do anything except sit there. After finding Hadit 10+ years ago, I learned a lot. I had an in-person DRO hearing and used a different rep. They called me about a week prior and we discussed the approach and got a lot of questions answered. On the day of the hearing, I came in very early and we went over everything to make sure it was airtight. As far as hearing loss, I assume they would accommodate you. Let the rep help bridge the gap regarding your hearing. After all, they are there to help you.
  18. When requesting an increase, it would be a good idea to go through your treatment records for the past 12 calendar months. If you have evidence showing you qualified for an increase, they should just need to verify it. Like you, I also am SC for lumbrosacral issues. They also SC me for radiculopathy in each leg. If the medication you take to treat SC disabilities causes additional rate-able disabilities, consider filing for them. If they gave you NSAIDs for ages and you now have GERD or reflux, it can be SC. If medication or the disability itself causes you to malfunction in the sack, it can be SC, but it is just an SMC-K award (little more than $100/month) and does not factor toward your combined rating.
  19. Thank you for answering. I get it. So basically the record should say loss or permanent loss of use
  20. Thanks GBarmy… but please read my post clearly. I never said anything. The reason they gave is that my C&P examiner referenced a previous note by my psychiatrist stating "SHE IS AFRAID IF I GET 100% I WILL USE IT ALL FOR DRUGS AND ALCOHOL"
  21. All good responses so far. @Fat is definitely correct. If you happen to get a nexus, but don't have the other two, you won't get SC. Additionally, the first element can also be a presumptive condition (like Gulf War illness or AO). If you get a nexus, having the doctor reference your evidence is a good idea. Ensure the doc does not use the terms "probably" or "possibly". The terms you want them to use are "as likely as not" (50% certainty), "more/most likely than not" (75%), or "caused by/due to" (100%). It is also a good idea for them to include a strong nexus explaining how or why.
  22. It takes a while. There are 2 types of TDIU, 4.16a and 4.16b. Did you appeal the 2012 or 2015 decisions? It sounds like you may have been lowballed. You qualify for 4.16a with 70 percent, but before you got the 70 percent you would need 4.16 b.
  23. No there is no way to know. They will usually request the closest VA medical facility to schedule an exam, and the medical facility will make the determination where you will go for the exam witch could be a private doctor under contract.
  24. Hello Kryptonite8494, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. 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’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post 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. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  25. A nexus letter is part of the triumvarte. 1. Inservice incident or current service connected issue. 2. Current diagnosis of injury. 3. Nexus letter connecting the two.
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