Some may have seen my recent topic about an IMO I got. It was quite good I thought. It was perfectly clear to any adult of average education and intelligence. Of course... IMO for VA needs must be written as to an idiot 5 year old. That made mine real doubtful.
Well, it seems to have been good enough though I feel I must commend some back room good ole boy politics some too. I'm represented by the Tex Vets Comm. My officer looked at that IMO and shook his head saying pretty much what y'all did but thought we could ask for an extension to get it refined. But before the hearing he said the RO wanted to look at it. First thing when we all got together he said though the IMO wasn't in the usual form he would accept it any way and grant an increase in feet and SC L ankle, and the R ankle, knees hip and back as secondary to SC conditions.
Now this next part doesn't make sense to me. He said the 'good thing' was that he wasn't going to ask for a VA medical opinion. But, I would have to go for a C&P exam on the various items. And this is not asking for an opinion? Is he perhaps just wanting the numbers for dorsiflexion and plantar flexion and such like to rate?
Concerning TDIU, I still do not have the points yet but the rater would say when he got the report back from C&P, he'd see how things added up.
I'm at 40% now (though the 10% for tinnitus doesn't figure in for IU) so I don't see getting to 70% a problem. Looking at the regs, getting 40% on one item shouldn't be a problem either, but we'll see.
So here we go again.
Unfortunately, we have a couple of real champions in the C&P department. One fellow has even been known to push down on a shoulder getting a person to drop lower for knee bend ROM testing. B) My knees will be tested in this. If anybody tries a stunt like that on me, I'll yell in agony (won't have to fake it) and fall down. Shoud be plenty of people privy to that little trick.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
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Jayg
Some may have seen my recent topic about an IMO I got. It was quite good I thought. It was perfectly clear to any adult of average education and intelligence. Of course... IMO for VA needs must be written as to an idiot 5 year old. That made mine real doubtful.
Well, it seems to have been good enough though I feel I must commend some back room good ole boy politics some too. I'm represented by the Tex Vets Comm. My officer looked at that IMO and shook his head saying pretty much what y'all did but thought we could ask for an extension to get it refined. But before the hearing he said the RO wanted to look at it. First thing when we all got together he said though the IMO wasn't in the usual form he would accept it any way and grant an increase in feet and SC L ankle, and the R ankle, knees hip and back as secondary to SC conditions.
Now this next part doesn't make sense to me. He said the 'good thing' was that he wasn't going to ask for a VA medical opinion. But, I would have to go for a C&P exam on the various items. And this is not asking for an opinion? Is he perhaps just wanting the numbers for dorsiflexion and plantar flexion and such like to rate?
Concerning TDIU, I still do not have the points yet but the rater would say when he got the report back from C&P, he'd see how things added up.
I'm at 40% now (though the 10% for tinnitus doesn't figure in for IU) so I don't see getting to 70% a problem. Looking at the regs, getting 40% on one item shouldn't be a problem either, but we'll see.
So here we go again.
Unfortunately, we have a couple of real champions in the C&P department. One fellow has even been known to push down on a shoulder getting a person to drop lower for knee bend ROM testing. B) My knees will be tested in this. If anybody tries a stunt like that on me, I'll yell in agony (won't have to fake it) and fall down. Shoud be plenty of people privy to that little trick.
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