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Showing content with the highest reputation since 06/04/2020 in all areas

  1. 3 points
    WOW!!!! 100% plus SMC and P & T!!!!!!! Thank you for reminding us all to NEVER EVER EVER GIVE UP! Many here have gotten to that point and wanted to walk away but we knew our claims were solid and ,as long as we persisted, we eventually had Success. Sometimes I think the VA claims system is 'cruel and unusual punishment'and was thinking last night of a horrific SOC I got decades ago-I was devastated by what they attributed my husband's death to----I called the C & P doctor up and raised hell with him- only to learn that he had never been given my husband's autopsy! He became very angry with what the VA had pulled on him, and then we had quite a discussion. I had failed to even notice that the autopsy was NOT listed as evidence. The VA even failed to send it ( I had sent them 12 copies of it by priority mail) to the General Counsel for my FTCA case.When that FTCA claim wasinitially denied I called up that C & P doc as well- she was the top Cardio doc at VA Central. She screamed into the phone WHAT AUTOPSY!!!! She too had bee manipulated by th Buffalo VARO. She got a copy of the autopsy from me, and then the OGC lawyer called me up right away to settle with me. My case could have been settled prior to that- by the Regional counsel who wanted to settle with me due to a Peer Review report he had from a Cardio doc, that fully proved my FTCA wrongful death charges-and then the Peer Review report was AWOL!!! VA told me it had Never existed.I had to start all over again with OGC in DC- I found the Non existent Peer review report at the very bottom of my C file-in 2003 and used it for my AO IHD claim. We deal with a lot of incompetency at VA but some of it , as my C file reveals, is deliberate. .
  2. 2 points
    Reductions are something every SC veteran worries about. Its often a fear that keeps vets from seeking increases in disabilities that have worsened or appealing bad decisions. I had my own scare a few years back when i filed for an increase, had a bad C&P on a disability and the VA sought to reduce me which freaked me out. I eventually beat them at their own game but i wanted to put out some information that are preventative measures to stop reductions from occuring or provide the evidence needed to fight them if the VA decides to push it. Unfortunately there is no silver bullet that makes a reduction ironclad, just as there is no ironclad approach to filing initial or increase claims that that VA cant argue with. Since rating is done by humans and humans are prone to fault and bias there is no guarantee with anything only higher or lower probabilities with getting claims granted and providing more armor for the appeals process. 1) Schedule regular checkups I know alot of vets here dont have access to secondary care outside the VA whether its location or money. If you do have the money/insurance outside the VA to see a outside primary care/specialist or can access the VA's choice program to see non VA medical professionals take advantage of that. I am lucky that I have access to this through my employer so outside of my annual checkups/specialists at the VA i go to private doctors at least annually to document the state of my current conditions. I am honest with my doctors and ask them to make detailed notes of each condition i talk to them about and its current symptoms, etc because i need to provide the VA with documentation of my disabilities. It doesnt matter if my condition hasnt worsened i still talk to them or a specialist about it so that i have the documentation. If you dont have access to this make sure that when you do your VA checkups you specifically talk to them about all your disabilities as well, how its impacts you, pain severity, how often it bothers you, etc. If your VA provider DOESNT address something in your medical record make sure you send a secure message through myhealthevet so that it is recorded that you spoke to them about it. 2) Start a Diary I would start a diary, preferrable on a word document or even better on the "activity journal" on myhealthevet and record symptoms, sick days, etc for ALL your disabilities and even things not SC that might in the future be something that is secondary to a SC condition. I prefer to keep these journals on a word doc, you dont have the write a novel just the big things like, "ran today, bad pain in shins after 10 minutes, 4/10 then 7/10 after i walked back home. took naproxen and stayed off for the rest of the day", "back pain after being at work for 2 hours, no relief with 800mg IBprufen and flexeril" This diary especially when its updated on myhealthevet in a timely manner say every month or a couple times a year is great for establishing what symptoms you have been experiencing regularly day by day, week by week or month by month in between doctors visits. The VA likes to take one or two visits where you are stressed, rushed or dont want to be there and answer "fine" to "how are you doing" or "how has _____ disability been " and use that as a justification that you are showing "material improvement" in your condition. The main takeaway is NEVER approach a C&P or ANY VA MEDICAL VISIT as routine. You dont need to stress but always describe how X disability is doing as how it feels on the WORST day not on the best or how you are felling at that moment. That being said meticulous diary entries can help bolster your case you have not experienced material improvement. Regularly updating you myhealthevet journal also timestamps it to show this has been done regularly over months, years or even decades so that a rater cant just say you made it up on the spot, and you can point to that you ahve regularly updated this journal to show over X number of months, years or decades to show what its like with your disabilities on a daily basis. 3) Dont let Medications Lapse Never let your medications with the VA lapse. If you need 3x daily naproxen and 1x daily muscle relaxant to deal with back pain and your med refills show a 6 month gap the VA can make the claim your condition has improved. The VA CANNOT reduce you if your symptoms improve with medication, but if you are not taking your medication it can be an indicator that you are getting better. I know i sometimes get private Rx's not throught he VA and have them lapsed so i document and keep records of those medications (the sheet they staple on the bag with the name, doseage, date, etc) so i can scan and upload as needed for C&P, claims, reductions, etc. the VA may not prescribe the Rx you want so i get why you would go elsewhere but send a message to your primary care stating that you have gotten a Rx through a private physician, ask to be prescribed it through the VA, if they refuse then keep screenshots of these discussions for reference as well so its documented. 4) IMO's are key I know when i got hit with a reduction attempt by the VA my IMO saved me. 100%. no doubt. I had a terrible C&P for PTSD increase, they took me to a deserted wing of this old hospital and scanned me into what i think was the psych wing with no lights, was put in a dimly lit room where a psychologists was on a telecon line. It freaked me out and i wanted to leave, so i rushed the exam to get done. This was my fault, but it resulted in him saying my symptoms had gotten better. I started looking for help and came to HADIT. the best piece of advice i got was about IMO's so i found a psychiatrist who did a full workup and submitted a fantastic IMO. It was hard coming up with the money but $500 vs losing $600 a month was a no brainer. You dont need to get preemptive IMO's thats a waste of money but I would make sure, if possible, that you take a little money out every month and have $1500 in savings for an IMO if this ever happens to you.
  3. 2 points
    This (inferred claim) is also possible.As much as some like to bash on VA employees, there are a lot of us that actually try to help veterans within the constraints that we are saddled with. I have caught 3 errors this week that caused 2 claims to wait for over 2 months for exams (due to covid) that they didnt need because I found buried on page 100-whatever of their medical records entries (in one case) for something they were already 0% SVC connected for, making the claim not a NEW claim but a simple increase request, and they had evidence already of record. I was able to change it from 'pending exams' to RFD and have it rated that day. In another, I waved off a veteran from applying for a job (that I had seen in their phone weekly checkin notes on their VAMC records) because I could see that they had a pending approval for IU that they hadn't gotten the letter for, yet. So I emailed them. I explained IU and told them it was their choice, but I felt they should have all the information before making the decision to take a job because they needed one economically and it was causing them a lot of stress and anxiety.
  4. 2 points
    Same here bro. But I had the IMO in hand when I went into the C&P for a PTSD increase. Thought I would save her some time. She got pissed and did her damnedest to discredit my Psycs IMO. Except she failed. I immediately upon getting my hands on the C&P filed a complaint with the VARO. Three follow up C&P's later, 100% P&T.
  5. 2 points
    Congrats! Benefits include: • At 100% TDIU you have restrictions as to income. • Full healthcare with no copays at 50% or more. • Travel pay at 30% or more. • Dependent's pay at 30% or more. • VR&E at 10% or more. • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military. • VA dental or with VR&E or SC mouth or jaw injuries. • Possible SSDI (Time Limited!) • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!) • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare. • DEA (dependent's education) if you are permanent (P&T). • Federal student loan forgiveness or with SSDI. • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible • Space-A Flights (Cat VI) - Veteran only • Non-VA ER if you are permanent (P&T) • 3 free non-VA Urgent Care visits per calendar year at 50% and above • Check if you are also permanent as in P&T. • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions! • Hearing aids and eye exams and glasses are included with VA Healthcare. • Here is a link to all the federal benefits. https://benefits.va.gov/BENEFITS/derivative_sc.asp • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.va.gov/statedva.htm
  6. 2 points
    Received my SSOC today. I had one rating go from 0 to 10 percent and one rating go from 10 percent to 20 percent. Just checked and money will be deposited on Monday. Now I may try for my tdiu the worst they can say is no. Thanks all
  7. 1 point
    I would trust IRIS to follow through. I was just awarded 100% and downloaded my benefits letter from VA.gov, award dollars were wrong on the benefits letter. I fired off an email to IRIS and two days later my benefits letter reflected the correct amount. I'm sure others will chime in.
  8. 1 point
    Congratulations! Not sure how you are thinking but as long as you continue to work, you don't qualify for TDIU. TDIU (Total Disability based on Individual Unemployability) this benefit is for those veterans who disability(ies) has not reached 100% and their service connected disability(ies) make them unable to work and unemployable. VA would then grant them TDIU. If you did decide to leave/quit your job, you would still be rated 100% P & T SMC and you would not qualify for TDIU because it would simply pay the same rate.
  9. 1 point
    In reference to the hospital records. If you can find out the hospital name, you can ask VA to request the records or you can contact the hospital and ask them where do they send their old records. Years ago I filed a claim for aggravated condition because I fractured my ankle prior to military service and the VA said I never had a fractured ankle. I contacted the hospital where I was treated and they found the records and sent them to me. It was at least 20-25 years but the records were found.
  10. 1 point
    @RBrogen It sounds like you might be dealing with two issues here. 1. Your c-file and any document authored by the VA is considered part of the record -- even if the documentation is not present before the person at the VA who makes the decision on your claim. I have a HLR/CUE idling at the VA for this. My C&P doc performed an exam, but misplaced the results. I was brought back a couple of weeks later for a second exam with the same doc and was granted 10%. Years later, I got my claims folder and found the original exam notes. I also found a radiologist report that they completely overlooked, so it's kind of a one - two punch. If successful, my initial rating will be increased to 20% or 30% depending on how they read the evidence. 2. The VA says when we file a claim, we must identify the benefit that is sought. My initial C&P exams from 20+ years ago included diagnosis of other issues, but the VA only made decisions on the specific things I claimed. They didn't bother to even consider if the additional diagnosis' were considered to be a secondary. It's a case of the VA doing as little as possible just to get the paperwork off their desk.
  11. 1 point
    I know; first time I saw that on mine I had to laugh too. Ebennies isn't going to tell you anything else on your status until the very end. Call peggy every few weeks and see if they can tell you anything.
  12. 1 point
    Case Number:20-3907 Docketed: 06/05/2020 Luis Negron-Ortiz v. Robert L. Wilkie Appeal From: Department of Veteran Affairs Fee Status: dfh "On June 5, 2020, the petitioner, Luis Negron-Ortiz, through counsel filed a petition for extraordinary relief in the form of a writ of mandamus compelling the Secretary to take immediate action to implement a December 6, 2019, Board of Veterans' Appeals decision that granted a disability rating of 20% for right and left lower extremity diabetic peripheral neuropathy and a 70% disability rating for post-traumatic stress disorder (PTSD), both throughout the claim period, and a total disability rating based on individual unemployability from January 1, 2009; and remanded the issue of entitlement to an effective date for PTSD earlier than May 30, 1997. Petition at 1-2, 8; Appendix at 9-18. The Secretary responded to the petition on June 18, 2020, and asserted that a VA regional office issued a rating decision on June 15, 2020, implementing the awards. Secretary's Response at 2-4. Later the same day, the petitioner filed an unopposed motion to voluntarily dismiss the petition. Motion at 1. Accordingly, it is ORDERED that the petitioner's June 18, 2020, motion is granted. It is further ORDERED that the petitioner's June 5, 2020, petition for extraordinary relief in the form of a writ of mandamus is DISMISSED." https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=20-3907&incOrigDkt=Y&incDktEntries=Y Maybe the petitioner sent a copy of this writ to the VARO---I cannot tell if that caused the RO to act swiftly on his claim or not- and I assume he still has an EED claim still open. Very unusual to see this type of situation.The veteran, upon receipt of the award ( this also was a hardship case) correctly filed the Motion to dismiss the Writ.
  13. 1 point
    Karl If you were wounded but the award wasn't submitted by your CO, this is what I found for procedure: on https://www.hrc.army.mil/TAGD/Purple Heart 2. Any member of the U.S. Army who believes that he or she is eligible for the PH, but through unusual circumstances no award was made, may submit an application through the member’s chain of command to the Commander, USAHRC, ATTN: Awards and Decorations Branch (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. The application will include the following documents: DA Form 4187 (Personnel Action) (Only required for Active Component, Army Reserve, and National Guard); Chain of command endorsement (through the first general officer in the Servicemember’s current chain of command for Servicemembers currently serving); Deployment orders or Mobilization Roster; Officer Record Brief/Enlisted Record Brief/DA Form 2-1, 2A, 2B, or 2C; One-page narrative describing the qualifying incident and the conditions under which the Servicemember was injured or wounded; Statements from at least two individuals other than the proposed recipient who were personally present, observed the incident, and have direct knowledge of the event. Alternatively, other official documentation may be used to corroborate the narrative; Casualty report (if applicable); SF 600 (Chronological Record of Medical Care); and, DD Form 214 (Certificate of Release or Discharge from Active Duty) (if applicable) My question is if you received a Bronze Star for that same action, wouldn't that citation also include the fact that you were wounded in that action. You may have an easier time on getting this corrected if you can get statements from your CO.
  14. 1 point
    Still nothing here. No update on ebenefits or a letter. Maybe today will be my lucky day...doubtful though. I figured if ebennies doesnt update today, then come the 1st, it will still be the same then also. How many times can a person check that site a day...HUNDREDS lol. Good luck.
  15. 1 point
    So let me understand this. You had a warrant and had no idea of it? Or did you just not report in or go to court like the paperwork stated? I know normally if you get a ticket of whatever nature it is there are instruction along with what you have to do. Any time there is a bench warrant they will inform you at you legal residence. It sounds like you need to ask a lawyer a few questions, because without that Felony status being removed it sounds like they will keep coming after you! I know I had a ticket before joining the service and the judge ripped me a new one for not showing up. He was like it was $300 bucks why did you not pay it? it is was just $60 if i would have taken care of it. When you let legal things fester they only get worse. In this case it sounds like you need to talk to someone about the law and see if you can ask for some sympathy or something.
  16. 1 point
    Easy fix is to request your Congressman or Senator to intervene and get it for you.
  17. 1 point
    Two new updates, I did in fact find out that they assigned my effective date correctly, so there will be no more fighting them on this claim! Retro-pay already showing through the DAV so it should be hitting my account next week sometime. AND the best news of all, my rating is not actually TDIU, they assigned a scheduler 100% P&T so I am truly DONE with all of it for good! I am incredibly thankful to all of you here for your support and encouragement on this one; I felt so defeated and you all really made me feel like I could get through it, so thank you!!
  18. 1 point
    You are now eligible for the additional VA SMC rating, if you don't already receive it. It all depends upon how this increase came about. Generally the answer is NO. Only if you filed for a CUE back to the original date of your SC disability? Now is the time for you to join one of the many SC 100% P+T groups on FB.
  19. 1 point
    Hello all my fellow comrades, Even through my sicknesses and illnesses physically and mentally, I'd stilled persevered. There were times that I'd surely wanted to give up, and I'd felt like that's what they wanted! We are warriors on the battlefield, off the battlefield and amongst life. Never, ever QUIT!!! The fight has just begun and the war isn't over! Keep your head up, and maintain integrity. I would like to thank everyone for their awesome input with helping me to obtain such a rating. There were times that I'd needed to be away from this forum due to extenuating circumstances that needed my attention and of course, literally was boggled down doing research to strengthen my claims. Once again, thank you all and l'll definitely be paying it forward, to include a donation to this great platform. The following are my results as of today, June 22, 2020.
  20. 1 point
    Congratulations!
  21. 1 point
    Hey brother, HLR is still pending as of now, been going on 5 months. I'm not entirely confident, but I wanted to try HLR before submitting a CUE. I try to post all updates in my original thread so it may help someone out some day:
  22. 1 point
    That is GREAT!!!!! In 6 months they might reduce your rating but might not- The decision should mention that. Info here: https://www.hillandponton.com/prostate-cancer-agent-orange/ For any Vietnam incountry vet, with a AO presumptive, those claims should take mere minutes to award- once the exposure is confirmed by DD214 etc, and the diagnosis is on the presumptive list. Blue Water Navy, Thailand vets, and other vets who proved AO elsewhere ( to include C0NUS AO) will often take much longer. Blue Waters need to read the info here on Blue Water AO claims, and then dig out their deck logs...unless their ship is already on the AO ship's list-
  23. 1 point
    I finally got an extraschedular rating on my left hand. I went from 20% to 40% with backpay.
  24. 1 point
    As the first veteran to be granted AO exposure at a post or base inside CONUS, I am asked many questions. The most prevalent question is," how long is AO toxic after application", for the purpose, and in the amount, needed to win an AO claim outside of Vietnam and Korea. The short answer is that there is no answer. In order to win my claim I had a statement from the world's foremost agent orange expert who states that once AO enters the sub soil, 100 years. On the other hand, some experts reply that it quickly evaporates in the foliage and tends to never make it to the ground, and even if it does, the residuals are not detectable and are non toxic after three days in sunlight. The real answer is that, after application, Agent Orange remains toxic after application for as long as you can get can an expert to to say that it is! That expert needs to back up his expert opinion with a sound rational supported by experience, education, and/or scientific principles. It seems as though the VA uses the expert opinion of their choice to deny claims, while the DOD and the US government use a different expert opinion of their own choice to award untold millions for cleanup of toxic soil in Vietnam, fifty years after the fact! Where are your environmental experts, and how do you locate them? They are the top toxicology professors at the numerous colleges and universities across America. How do you get a statement from someone with such glorious credentials? Do your DD and research to find out where such professionals are located and email them. Tell them what you need and why you need it. I emailed the top five toxicology professors across the US and received three highly probative statements. One of those experts who wrote a statement worked for the CDC. in Atlanta GA. and had been involved in AO research. If you can get that kind of expert evidence in your claims folder, it is unlikely that the VA can refute it and you didn't pay $10.000 for the expert opinion. You will still face a uphill battle that I would expect to only be awarded at the BVA or COVA. Be mindful and aware, it takes three elements to win your direct exposure AO claim. You still need to have a diagnosis of one of the AO recognized disease and at least one well written nexus letter. I would suggest several nexus letters. I had thirteen nexus letters and never paid more than a medicare co-payment for any of them. As there is no presumptive of exposure outside of Korea and Vietnam, you will need to show exactly how, when, and where you was directly exposed to AO. If you don't have one of the diseases on the AO list, but you are convinced that your disease may have been caused by AO exposure, anywhere, at any time during service, you then have an uphill and almost insurmountable battle. Not an impossible scenario but definitely not a task for the faint of heart. You will need rock solid IMOs and IMEs. You will need to be tenacious and focused, do your research and respond with all of the DD that it is going to require of you. My advice on a claim like that is that if you don't intend to finish it, then don't start it. There are opinions that most AO claims have already been filed and decided long ago, so why would I be posting something like this? Just wait until the proposed new AO conditions are added to the AO list and you will understand, new claims will come out of the woodwork, and that is the reason why I went to the trouble to post this information.
  25. 1 point
    Pretty much. If you have extreme noise exposure tinnitus is usually a given. You can claim tinnitus on your applicatoin due to noise exposure as 'potentially caused by MOS/Noise/whatever". That is a lay statement, and to schedule an exam for it a vsr can accept it as enough of a nexus to at least get it that far. Other contentions are the same way. You can lay statement claim that you think condition A is caused by whatever B. For the purposes of scheduling exams vsrs can accept lay statements from veterans on 21-526EZs that there is a plausible connection. That is NOT a MEDICAL NEXUS, so don't get them confused. Im not saying everyone can nexus themselves- that is what the medical opinion is for. BUT for the purposes of referring for exams development VSRs can accept those statements as enough to get the claim moving forward, as long as you have service medical evidence (inservice condition), and continuing issues (VAMC, private, whatever).
  26. 1 point
    There is a list of MOS's that have 'noise exposure' indicators (high, moderate, low) that is used. If your MOS is on your DD214 or other records we mark those for review for when it gets to rating. The threshold is pretty low for tinnitus and hearing loss, though hearing loss less so because there are actual audiogram results that will be sent back from the exam (or your Private medical records). There are certain things that MUST be done a certain way by your audiologist. You have to have them do a puretone exam (which I think is pretty standard) and they have to use the Maryland Speech Recognition type of exam (for hearing loss). Tinnitus is a pretty easy rating to get provided you have current complaints about it, and were around noisy stuff, or in combat, or under fire at some point if not combat. We flag the exam request with a modifier that indicates the possibility of MOS noise exposure before we send it to exams. ITs not always ringing, either- sometimes its a whitenoise type of static-y sound, and it can come and go in severity in certain situations, also.
  27. 1 point
    I have a legacy appeal that was remanded in March 2019 for a new medical opinion. I have the exact same message on VA.Gov that you have including the date. I also have 2 issues on the remand. The phrase "couldn't fully grant your appeal" may lead one to believe they denied one and granted the other or else why use the word fully at all. However with VA that is probably not the case. They may just use that same phrase whether it is a full or partial denial or full or partial grant. The wisest posters on this site will always tell you to wait for the envelope because that is the only reliable info and they are correct. June 11, 2020 is the day they are saying they sent it out. I live about an hour drive from Philly Varo and the last time they sent me a soc it took ten days from the day they say they sent it. Mail from Philly that is not sent by the VA takes 1 to 2 days to arrive. When you get the ssoc you will have the opportunity to submit new evidence to the VBA which may take almost another year for them to review and possibly issue another ssoc. I will let VBA return the remand to BVA and submit my new evidence to the board. No sense wasting time.
  28. 1 point
    This is Wonderful News!!!!!!!!!!!!!!!!!!!!!!!!!!!! The favorable EED might have been due to the SSDI award..... They ( the RO) gave my husband a very favorable retro date as well-that was about a year before he applied for a higher PTSD rating -as the RO based it on the last day he worked per his SSDI PTSD award. He was dead by then for almost 3 years. They had to send me the retro. VA told me ,my Congresman and two Senators that the SSA refused to release his records. It was a bold faced lie. I fixed them on that with a very long phone call to the SSA in Baltimore. The SSA had relied solely on his VA medical records for the SSDI award.
  29. 1 point
    No just filing an increase in already S just want it right so I’m not stressed ablut losing my rating
  30. 1 point
    Thank you Broncovet- I have no intention of suing anyone here. You always exhibit the voice of Reason. This is not however a "who is right' issue between members - It is an attack on established VA case law. Alex had to post the Court Order and his apology here, at this web site, and at multiple other sites mentioned in the court order. But, as many at his site revealed, he sure changed when he became an accredited agent and this recent broohaha was not the first time he tried to get me to leave the hadit site. He had influenced many members here at hadit to say derogatory things about WWP.documented under a search. That info is still here. They were believing his false statements about WWP. What happens to vets who believe one cannot file a valid CUE within the appeal period and then have to outlast the years a NOD and BVA transfer can take? His mantra here is only to denigrate the work I did to get M21-121 changed " A CUE can only exist on a prior final claim. " That is a false statement that he cannot back up with VA case law or regulations. It is only one of the errors he made here.The one that bothers me the most is the one about the BVA and M21-1MR. Alex does not have to power to cause me to leave hadit for good. Like he caused two others ,helping vets here, to leave. But I might say the heck with hadit , because of what GBArmy said this AM. He said"I believe it is my duty as Forum Maintainer to tell you." I believe ,however , it is my responsibility to correct errors regarding VA regs and case law here, because those regs and laws control every single claim we file. Opinions are just that but legal errors really don't happen too much at all.None of us, to include me, know it all. GBArmy is the one who doesn't get it. Buck please tell me the member who is so fearful of being sued.I will open my email right this minute to you and to them and assure them this is not my intent at all.
  31. 1 point
    This is a joke right? You have seen the people on here that served back in the 60's trying to get benefits, right. I have stuff that is going back to 1985. 210 days? I am going to have to wait longer than that for my C-file. Take a deep breath and relax. This site wasn't even in existence when I needed it in 1985.
  32. 1 point
    Anyone collecting Special Extra Earnings for Military Service and SSDI or is this benefit only for those collecting Social Security Retirement? Special extra earnings credits are granted for periods of active duty or active duty for training. Here's how the special extra earnings are credited on your record: From 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay. From 1978 through 2001, for every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. In January 2002, Public Law 107-117, the Defense Appropriations Act, stopped the special extra earnings that have been credited to military service personnel. If you enlisted after September 7, 1980, and didn't complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. https://www.ssa.gov/planners/retire/military.html
  33. 1 point
    I haven't been on this site as long as many of you folks and I know far less than many of you. But this site is truly amazing; the amount of knowledge we have collectively is fantastic. It is a source of information and guidance not only for the veteran who is asking the question, but countless more who have the same issues to solve. I think we have to pause every once in a while and think about that. But something else we have to think about is we are all different. Different backgrounds, education, experiences, etc. That is such a gift for this site because it provide sometimes different responses to veterans' problems based on our individual experiences. Sometimes we disagree. Ok, so we disagree. If in our hearts we know the response was wrong, I think we have a responsibility to offer our own opinion so at least the veteran can have a chance of getting the proper advice. But we have to do this in a respectful way. We have got to try and make it not personal. Don't attack the other person; express why your answer would be of greater help. No one spends all this time and effort advising veterans unless they want to help veterans, our brothers and sisters. That's why we are on here folks. And I will tell you something: when we bicker and go back and forth on a personal level, it is aBIG TURNOFF. People read it and say "I don't need this kind of kid stuff" and turn away from Hadit. Guess what, we lose the very people we are dedicated to help. Please take Ms Tbird's advise; if you try and can't resolve, just put them on the ignore list. Or take it off-line by messaging. Or both. I'm telling you this behaviour make the great advisors quit and go away and it drives the very people we try to help away also.
  34. 1 point
    @Vync i appreciate your reply and advice. i will go through the motions. not really a fight. just going to let the evidence say yay or nay. not much i can do
  35. 1 point
    I mean cooking bacon is always a great idea, just make sure you have clothes on....
  36. 1 point
    Checked benefits today and I have the assigned ratings I was expecting!
  37. 1 point
    The issue is they set the standard because of medical issues for whatever reason can’t join because of that condition. It is like the army you can’t join if you have scoliosis and for good reason. Bleeding Disorders / Therapeutic Anti-coagulation a. Some bleeding disorders, either acquired or congenital, can be so severe as to be incapacitating and others so mild that manifestations are only apparent following trauma or surgery. As a general rule, the more severe conditions are often of a therapeutic concern, whereas the milder cases are of a diagnostic concern. Many bleeding disorders, however, lie somewhere between these two extremes. b. As with anemias, some bleeding diatheses are secondary or associated with underlying diseases such as chronic liver disease, acute infections or malignancies etc., which may impose employment restrictions of their own. Ch 1995 1A-MD-154-000/FP-000 ANNEX G c. Whatever the cause for the bleeding diathesis, the member is at risk for serious complications from even minor blunt or penetrating trauma; intracranial, retroperitoneal or intra-abdominal hemorrhage is a real possibility and may not be easily controllable even with prompt emergency treatment. d. There are many activities in the military environment which must be avoided by a member with a bleeding disorder, e.g. hand-to-hand combat, contact sports and even the routine activities of ship life if the seas are high. Other considerations include: ! what level and frequency of medical care follow-up is needed? ! what treatment is required? Coagulation factor concentrates or oral anticoagulants (warfarin)? ! what laboratory testing is needed to monitor the course of the disease or the response to treatment? ! is the bleeding diathesis a temporary, self-limited condition requiring only temporary employment limitations or is it a more chronic and life-long concern?
  38. 1 point
    I never paid more than a $15.00 or $30.00 copay for an IME or a an IMO. It takes a disabled veteran years of misery to accumulate $10,000 in backpay. A veteran should not have to be rich to win a VA claim, nor should they be. Some of those high priced doctors used college to get a deferment and never served their country a day. As far as the expensive college education, truth be known, most probably didn't even pay back tax payer money for the education loan.
  39. 1 point
    My story is alot like other veterans, i had an issue and didnt go to the doc in service to deal with it and didnt go to doctors after because i was just going to tough it out. I had migraines off and on in service and after and got worse in the years after my discharge. I was finally to the point where i was missing work on days because of them and eating tylenol and 800mg IBprufen like candy. I went to a local NP who gave me a Rx and didnt like it and went to a neuro specialist after. I made a claim at the same time and was denied. So i decided to do it right the second time and got a NOD ready to file and started to work. 1) i started keeping a diary of all my symptoms of ANYTHING that was going on with me from PTSD to migraines. I realized not only for my migraines but there may come a day i need to defend against a reduction for something like PTSD or pes planus (already fought one for PTSD). Alongside that phsyical diary about once a month i would go into myhealthevet and transcribe it into a symptoms/diary on there, mostly because it was then in my health record more than anything else. I recommend this to all vets, you dont need to keep a physical and digital diary like me but at least do the digital one. If they try and hit you with a reduction at some point you can point them to the myhealthevet system and tell them to look at the timestamps to show months, years or decades or inputs. 2) i went to a specialist through private insurance (i know not everyone can) which helped to create more of a paper trail with a medical system that wasnt trying to leave stuff out. Most if not all hospital systems of moderate size allow you to look at the notes after the visit a few days or so later, if not you can request in person, fax, etc a copy of the visit notes and your record. Do so, check to make sure they also noted down everything and contact them to update the record if they didnt write something important down, they are usually receptive to this, just let htem know that you need certain things you talked about mentioned so when you share your files with teh VA they can approve Rx's etc. without having to visit them as well. 3) this is somewhat along with #2 but i didnt get a IMO for this claim, i just had a couple of detailed medical visits to private practicioners that painted the picture the VA raters needed to see. It was very detailed in terms of Rx's given, how many incapacitating episodes i had per month, the lights bothering me at work, headaches at work (severity & #'s) as well as how it affected my work performance. 4) i had sworn declarations from myself, wife and some buddy's at work along with sick time off from work that helped to put the personal & work effects in context. they were very detailed in how it affected me, my work & my family life and the burdens it placed on them, relationships, etc. the more detail the better. 5) I was lucky in that both of my post deployment questionairres had headaches listed on them, but i dont think thats a must have just a really helpful piece of evidence. without medical record info i think you need to track down a bunch of friends from your unit and have them write down about all the times they saw you have headaches, like every occurence and when you visit a private practicioner show them these and make sure they not in their visit notes that the onset was in whatever years those statements mention so that its a MEDICAL record thing and not a BUDDY statement thing as well. 6) I also in every claim go through my cfile and va/military medical records and search myself for what they need to see. I dont trust raters to find things so i go through pull the pages i want, HIGHLIGHT the sections they need to see and submit that with my evidence. they will still look for stuff to support AND DENY your claim, but at least they cant pretend they didnt see it, you submitted it! 7) when i submit evidence i do so first online through ebenefits while ALSO submitting it in paper via fax and certified mail WITH RETURN RECEIPT to the evidence intake center. certified mail/receipt is key. the certified part guarantees that the VA cant deny you didnt send it, the return receipt guarantees they cant deny they didnt receive it. This doesnt mean they CANT screw up your claim but on appeal after seeing your cfile and what the rater looked at you can make a airtight case that X,Y,Z evidence was provided but not considered. I know its expensive but all important correspondence i send to the VA regarding claims is sent certified. The evidence i send ALWAYS has a cover sheet, where i list that i want this evidence considered for my claim(s) for _____ and then i list every piece of evidence, a brief synopsis of what it is and how many pages that piece of evidence contains. I also spell out that i am submitted X numbers of pages of evidence in total and this way it covers the bases of if i submit a cover sheet saying i have 100 pages of evidence and theirs only 67 listed in my cfile, someone along the way after i sent it screwed up. now this hasnt been an issue yet, but maybe it might. I was eventually, 6 months later granted 30% for migraines, retro back 13 months and EED back 3 years to 2012.
  40. 1 point
    Like Shrek, i've had good and bad experiences with both. Like Shrek says, you have to advocate for your self. Check the info on your PCP or your surgeon or specialist. I will say this and some who have used VAMC for a long time; I believe the care, service and options are way better than they were 20, 15 and even 10 years ago. There is some still bad actors, but it takes advocates pushing back to get rid of them. But as I told my VA PCP, I'm not sure if the VA is getting better, or, it's a case that private care is getting worse. She said she thought it was a little of both but certainly health care has improved in the VA. Don't believe me; try getting an appointment with a specialist with Medicare now days. And the cost and wait time will knock your socks off.
  41. 1 point
    I don't think Seroquel is a medical diagnosis. However the treatment of the medical issue with Seroquel is. The secondary service connection would be with the injury or sickness treated with Seroquel.
  42. 1 point
    My thinking is that if your dianosis is now in the record, it will be part of your evidence for the coming up C&P exam. If your symptoms as shown by your diagnosis from May 1st show you should get an approval, that of course would be favorable. Your claim apparently was submitted Oct 18, 2018. So, that is how your claim is identified "Oct. 18, 2018."If we have an open claim, we can submit additional evidence right up to the time they make the decision. ( Submitting data late will certainly result in a delay in the decision, but sometimes we have to do it.) As to why there is another C&P exam, it could be for several reasons. There could have been something not noted on the the first C&P exam and the second is done to provide that info. The examiner has to address the "new" evidence from your diagnosis, and that certainly may be the reason. The VA often makes mistakes, but it is better for them to discover them and take steps to correct. Hopefully you will have a favorable results with you new C&P. I wish you well.
  43. 1 point
    Fat I am assuming that he does all his health at the VA, so the deck is stacked. If he is right on the outcome, I'd get an IMO with specific findings on extension, etc. from a specialist. I would then submit a supplemental claim with the new evidence.
  44. 1 point
    Thanks and exactly what I thought. This is interesting read as well. https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416) My understanding is I now have proof of their violation of clear orders and regulations. So if anyone wants to file writ for themselves and want my email from VA specifically saying that don't prioritize remanded appeals over new claims which shows they aren't being handled expeditiously as required let me know and I'll send it to you.
  45. 1 point
    Well, if you do get denied again, I would seek representation from a well-known law firm. Depending on how strong your claim is, you might get a law firm that would upfront the cost of an IMO, which you would pay back from your retro. More often than not, claims are won at the BVA level in my opinion. At least at the BVA, a veterans law judge (VLJ) will look at all of your evidence in your C-file.
  46. 1 point
    @cathyjourdanI would advise you to fill out the form 21-4138 and request he be continued for residuals, I would include copies of all pertinent medical reports with the important information highlighted and noted in your letter. I write my remarks in a separate letter with footnotes and attach the medical reports as if it was a college report with an appendix and then say please see attached letter in the remarks of the form. If you file for a new claim for residuals it might take longer. This will probably go to appeal and I do not know if your benefits continue when appealing as in a normal reduction. Others will shortly be along to offer their advice. I will close by saying never give up.
  47. 1 point
    Good afternoon gents, I was denied for a direct service connection for anxiety. I now want to file a supplemental claim for Anxiety secondary to my service connected Tinnitus. Has anyone ever done this?
  48. 1 point
    Adkins7B, FYI, my ebenefits was updated as appeal complete. Historical Appeals lists it as closed. No updated SC's. The disabilities I was appealing were IC and GERD. I checked VA.gov and saw this: Current Status The Veterans Benefits Administration granted your appeal The Veterans Benefits Administration agreed with you and decided to overturn the original decision. If this decision changes your disability rating or eligibility for VA benefits, you should see this change made in 1 to 2 months. Learn more about the appeals process. This appeal is now closed The disabilities (two) they granted are: Stomach hernia and Bladder Injury (Not GERD or IC....but maybe their terms best fit the criteria?) Anyway, neither of those two granted conditions are in my disability list on EBENE. Letters aren't updated either. So, while I know they have been granted...I wait for the letter or someone in ebenefits to update the system. Good luck to you! Hope my timeline helps you.
  49. 1 point
    @paulstrgn since no one has answered you yet I will throw in some info here. If the C&P was done at the VA by a VA doctor you will see it in your My Healthy Vet info. if it was done by an outside contractor it will not show there. You can request it be mailed to you or if you VARO or VAMC is nearby go there and request access and a printed copy. I think the VAMC office is typically called something like Records Management. According to my VARO, Seattle, they don't have anyone or any workstation for veterans to use to look at their VBMS file where the results of the C&P would be located. The DBQ results are also in your C-file but obviously would take time to get to there and more time for you to get it mailed to you, even just the few pages of that particular document. If any of the elders have better information I hope they share it.
  50. 1 point
    In January the criteria for CRSC -Combat Related Special Compensation changed: Jerry O raised a question on this and I feel the whole shibang needs to be posted here again: from: http://www.military.com/benefits/military-...-compensation#2 Also Mil.com has an active CRDP CRSC forum to explain these programs. Benefits Home > > Combat-Related Special CompensationCombat-Related Special Compensation Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation that replaces their VA disability offset. This means that qualified military retirees with 20 or more years of service that have "combat related" VA-rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation. Instead they will receive both their full military retirement pay and their VA disability compensation. The following is a summary of Combat-Related Special Compensation: Expanded CRSC Coverage Combat-Related Special Compensation Eligibility The Value of the CRSC Benefit The Application Process Expanded CRSC Coverage The 2004 National Defense Authorization Act, Combat Related Special Compensation was expanded to include disabilities incurred as a direct result of: Armed Conflict Hazardous Duty Conditions Simulating War An Instrumentality of War Unlike concurrent receipt, CRSC will not be phased in over ten years. Once a military retiree has been determined to be qualified they will receive their regular retirement pay plus an additional sum based on their VA disability rating. Note: CRSC is relatively new legislation, and was recently revised. Many of the policies and procedures are left to the discretion of the parent military branch, and are subject to change in the coming months. Back to Top Combat-Related Special Compensation Eligibility With the inception of the CRSC program on June 1, 2003, the following eligibility requirements were established: Retirees had to apply to their respective branch of service to be approved for CRSC. Retirees had to be in receipt of VA compensation. Retirees had to be in receipt of military retired pay or be in a suspended pay status due to receipt of VA compensation. Retirees had to have an approved combat-related VA disability rating of 60% or greater. Retirees having an approved combat-related disability associated with a Purple Heart had to have a rating of 10% or greater. Retirees had to have 20 years of active service or, for reservists, 7,200 reserve points in order to be eligible. Effective January 1, 2004, CRSC eligibility was extended to retirees with combat-related VA disability ratings between 10% and 50%. Additionally, reservists needed only 20 years of qualifying service (supported by documentation from the applicable branch of service such as a 20-year letter, retirement orders or a statement of service) in order to be eligible. Please note that qualified reservists will not receive CRSC until they begin to receive retired pay at age 60. Temporary Early Retirement Authorization (TERA) retirees are not eligible to receive CRSC unless they have returned to active duty and accumulated enough service time to meet the 20-year requirement before retiring for the second time. Click here for the exact wording of this new law. Back to Top The Value of the CRSC Benefit: The following table shows a sampling of how much extra you may get each month based on your VA disability rating. Combat related VA Disability Rating Monthly CRSC 100% $2,393 90% $1,436 80% $1,277 70% $1,099 60% $873 50% $690 40% $485 30% $337 20% $218 10% $112 Back to Top The CRSC Application Process: To receive Combat Related Special Compensation you must submit your application (DD form 2860), through your parent military service branch. Each service branch has the authority to determine your eligibility. For more information on how to apply contact your parent military service branch: ARMY: Department of the Army U.S. Army Physical Disability Agency Combat-Related Special Compensation (CRSC) 200 Stovall Street Alexandria, Virginia 22332-0470 Toll-free: (866) 281-3254 Hours: 8am - 8pm EST E-mail your questions to: CRSC.info@us.army.mil Or visit: http://www.crsc.army.mil NAVY AND MARINE CORPS: Department of Navy Naval Council of Personnel Boards Combat-Related Special Compensation Branch 720 Kennon Street S.E., Suite 309 Washington Navy Yard, DC 20374-5023 (Toll free 1-877-366-2772) AIR FORCE: United States Air Force Personnel Center Disability Division (CRSC) 550 C Street West, Suite 6 Randolph AFB, TX 78150-4708 (Toll Free 1-866-229-7074) COAST GUARD: Commanding Officer (RAS) U. S. Coast Guard Personnel Service Center 444 SE Quincy St. Topeka, KS 66683-3591 (toll-free at 1-800-772-8724) Click here for Frequently Asked Questions about the new Concurrent Receipt and Combat Related Special Compensation (CRSC) laws.
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