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  1. 3 points
    So it sounds like it has gotten worse? If so you need to apply for an increase. Don’t wait on the VA who knows what they will do. Also do you have any secondary conditions you need to claim?
  2. 3 points
    Vync said: "Some have written elsewhere that if you have to describe a CUE then you don't have a CUE. However, I don't believe that" Good! That is a ridiculous statement. I have filed many personal CUEs and am quite happy to tell them exactly what regulation)s) they broke and why. My whole file is being reviewed for an audit that I requested. I cannot imagine what they will think at some of the stuff I have had to put up with over the years with my RO. One CUE took 8 years, to even be set for BVA transfer. The even tried to make up a regulation that does not exist. During those 8 years I felt from time to time that maybe I was wrong about that specific CUE. Then Nehmer 2010 happened and I asked the Phila VARO, handling my AO IHD claim, to consider two CUEs by then that were still pending at my RO.The awarded the main CUE as SMC and then awarded the IHD claim but they forgot the 1151 IHD claim, part of another CUE I filed- but still it goes to show how VA can try to manipulate us with rhetoric, even telling me a "specialist was reviewing the SMC CUE" but they had no specialist ..... and it was actually a prime facie CUE- meaning so Obvious that I should have never doubted myself. The rating sheet I used was all I needed as well as the SMC mandate. My husband was 100% P & T for PTSD and then 100% for 1151 stroke. Obviously he was eligible for SMC.The Nehmer VA said he was eligible under Housebound as well as 100 plus 60, but it appears that ( they only pay for one of those theories) they might have paid for only 6 months of SMC instead of 2 years,so I cued them again, on both of above situations. That is part of my audit review request. If the audit is properly resolved I told the VA that I could drop those CUEs and that just leaves my accrued claim for AO HBP. (under 1151 and direct SC under Nehmer )
  3. 2 points
    Valhalla0321 Not sure what your situation is, but If you have a C&P,scheduled, you must attend. If you have diagnosis from your doc, bring it with you. If this ia a follow up C&P for an already s-c condition then just tell them how things are. When asked, tell them about your most recent BAD day, not necessarily what you feel the day of the exam. I'm not sure what you mean when you say your claim is deferred, but if it is a claim you haven't yet been awarded for MH and/or PTSD, there are a lot of similar experiences posted here on Hadit. Do your research. Don't get mad at the examiner. If you're married, bring your spouse.
  4. 2 points
    Wow...that is beyond scary. I am glad you asked for the second opinion. One should always ask for a second opinion no matter where they are seen when they want to cut you open.
  5. 2 points
  6. 2 points
    Currently, the M 21 1MR forbids what MrPain7 alleges as being possible via regulation or statute. DROs regularly forbid what you describe. In fact, they only permit one 100% "bump" under §3.350(f)(4) OR one 1/2 step bump under §3.350(f)(3) but never both and certainly not multiple applications. IV.ii.2.H.6.a. Proper Application of 38 CFR 3.350(f)(3) and 38 CFR 3.350(f)(4) Apply the provisions of 38 CFR 3.350(f)(3) or 38 CFR 3.350(f)(4), whichever is appropriate, only once in a rating decision. Important: Concurrent entitlement to SMC under both 38 CFR 3.350(f)(3) and 38 CFR 3.350(f)(4) is prohibited. However, the Secretary's regulations say no such thing. Notice the use of the plural of "permanent disabilities" in (f)(3) which is missing in (f)(4). (3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. This is what we call a matter of first impression legally. It has never come before the CAVC or CAFC yet and many of us eagerly await a case. I repeat- you can have SMC L and have one 100% rating independently ratable that will advance you to SMC M. You will never get a RO to grant an additional 1/2 step bump to M 1/2, nor will you ever get to O this way except from N. SMC O is very explicit on what you need. Note below there is no provision for advancing to SMC O by simply throwing more 100% ratings at SMC L. If you qualified for N, then you could get the (f)(4) 100% bump to O but the requirements for N are pretty rough. You can get to SMC O also by having N1/2 + a SMC K. (e) Ratings under 38 U.S.C. 1114 (o). (1) The special monthly compensation provided by 38 U.S.C. 1114(o) is payable for any of the following conditions: (i) Anatomical loss of both arms so near the shoulder as to prevent use of a prosthetic appliance; (ii) Conditions entitling to two or more of the rates (no condition being considered twice) provided in 38 U.S.C. 1114(l) through (n); (iii) Bilateral deafness rated at 60 percent or more disabling (and the hearing impairment in either one or both ears is service connected) in combination with service-connected blindness with bilateral visual acuity 20/200 or less. (iv) Service-connected total deafness in one ear or bilateral deafness rated at 40 percent or more disabling (and the hearing impairment in either one of both ears is service-connected) in combination with service-connected blindness of both eyes having only light perception or less. (2) Paraplegia. Paralysis of both lower extremities together with loss of anal and bladder sphincter control will entitle to the maximum rate under 38 U.S.C. 1114(o), through the combination of loss of use of both legs and helplessness. The requirement of loss of anal and bladder sphincter control is met even though incontinence has been overcome under a strict regimen of rehabilitation of bowel and bladder training and other auxiliary measures. I'd welcome anyone to show me a proven BVA or CAVC case (not just hearsay) where the VLJ or Justice awarded both entitlements or even multiple entitlements of both (f)(3) and (f)(4). It's easy to just baldly state how this works. It's quite another situation entirely to give examples proving your point. Simply put, if what you said was true, MrPain7, we'd all know about it. I've asked for both bumps before for several Veterans but my clients ended up with R1 so it mooted the point of the claim for (f)(3) and (4).
  7. 2 points
    This may have potential. Were you able to find a radiologist report or is that just part of the regular follow up STR? Back then they had paper copies of STRs. Be sure to check the front and back of every page. I found mine all over the place, like the docs sometimes got creative and wrote on the first page they found.
  8. 2 points
    I just did a search of BVA decisions for "Lay Evidence" and almost all the overturned decisions had that very same statement in it. For some reason many raters tend to discount veteran statements.
  9. 2 points
    @Foxhound6 You did the right thing! I'm glad the examiner was friendly and accepted what you provided. When I was in the service, I kept a copy of every profile I was ever given. For unknown reasons, only a handful remained in my STR's. Glad I did that. Yeah, the c-file data is pretty jacked up. In my CUE, the VARO probably didn't want to waste time trying to have a scavenger hunt so they just requested the records they needed from the VAMC. I kind of don't blame then for doing that.
  10. 2 points
    Sherk I am sorry you needed to go to the ER, I pray you get better quickly. If you are referring to filing for an increase I would go ahead and file it now. I would submit all the doctors notes that relate to this. You may need an IMO to get the increase. Good luck and hope you get better.
  11. 2 points
    You might still be able to get some other conditions SC as secondary, if you have them: You have a lumbar rating. If you have sciatica, pain, and/or numbness shooting down your legs, you can file for radiculopathy secondary to the lumbar. The VA gave me NSAIDs (i.e. ibuprofen, naproxen) for decades to treat my SC musculoskeletal injuries. It left me which chronic GERD/acid reflux, so I got that SC as secondary. Do your SC disabilities leave you feeling depressed or cause anxiety? Consider filing a mental health claim as secondary.
  12. 2 points
    I feel you have made a very strong argument-I think you should change the 38FCR references to 38 CFR 4.114- VA loves little errors like that- that are so easy to make. They will know what you mean as to the VA SRD, but they have no common sense at all. I suggest referring directly to and enclosing the decision that contains CUE....as to the first page of the decision and then to the page you did add as evidence.Maybe you did that- will read again--- The C & P examiner- have you googled them to see what qualifications they have regarding their statements as to not a chronic condition etc? They obviously did not refer well to your SMRs, but did indicate they had them..... I helped a vet once who had POAs and then a law firm, for his CAVC case, and NONE of them ever looked at his SMRs. The VA did, however, but saw no nexus to his claim. I did- and it took considerable time to do- (which the veteran could have done as well) and found enough in his SMRs, to get his non doctor to write an excellent IMO.At no charge to him. He finally succeeded with that claim and I commend you for being willing to do all of that leg work-because this is how claims can get a far better and accurate EED. I also wrote to the VA , as a volunteer advocate who helped him with the claim, that fact that his attorneys did not help him, and I pointed out what they failed to do, and at that time (maybe even now) there was a 5 point criteria for payment of attorney fees.This was a fee issue for the attorneys and it was basically a NOD for him to sign, as well as me. I never heard back from him , after he got his award letter so I believe the VA did not pay the attorney fee. If veterans are not willing to do the type of legwork you have done, they will never succeed in getting what they want. I realise how difficult that can be for disabled veterans, but they should certainly be aware of what is in their SMRs, because VA so often just skims through the stack, violating 38 CFR 4.6 more they we know.
  13. 2 points
    Hello. Submitting evidence after the 90-day letter and the claim's transfer to the BVA docket is a bit of a gray area. In theory, there is a good chance that if evidence is submitted directly to the BVA with a written request that it be considered in connection with the claim appeal, that the reviewing judge will in fact review it. It would probably help to write an explanation (as you did above) letting the judge know where the newly submitted evidence supports your claim and some background to the claim appeal. Hope this helps!
  14. 2 points
    @paulstrgn is correct and was probably done to keep the accounting as simple as possible. If I am not mistaken, here's how they determine when payments are made. The criteria appears to vary depending on some situations. 38 CFR § 3.31 - Commencement of the period of payment It's a shame the VA rips off veterans by not awarding partial month payments. I wonder if any law firms have ever sought to challenge this. If we are late paying our taxes, the IRS charges interest for each day late. When it comes to paying veterans, they can get away with not paying up to 30 days of payments. Could be a lot of money for veterans with higher ratings.
  15. 1 point
    Anharris, I was discharged COG from the military for a medical condition not considered a medical condition. I was first diagnosed as a hypochondriac by the VA. Thirty-five years later I am at 100%. With your situation I would hope that it does not take you that long, it sounds pretty clear cut to me. Always appeal. The VA will deny you hoping that you will go away. Fight them and you should have a good chance of winning, maybe at the BVA where all evidence is considered and many RO decisions are overturned. Is it worth it, well when you are my age and your disability makes it impossible to work it is worth it. You never know how serious the condition may become later in life.
  16. 1 point
    I for one don't know the name of that site and, I do not want to know. Just based on witness statements from you guys is enough for me. Why would I want to get advise from a site that is one-sided and not open to differences of opinion. That is how you learn, by listening to what others have experienced. To be punished (banned) because you said something that goes against the brotherhood when proving your proof of the argument, kinda sounds what those despots in Iran do. No thanks. Besides, I'm beginning to like you guys. (Well, most of you:))
  17. 1 point
    Thanks Berta and Vetquest for your recent responses. I agree with you both 100% and I should never have followed some of their advice or I would be further along now. My last post on their forum was also dismissed and locked when former DRO Cruiser did not like my statement about my winning a CUE appeal as a pro se veteran before the CAVC vet court in 2005. I feel very sorry for younger and or newer vets seeking their advice on their one sided forum.
  18. 1 point
    I assume the PA reviewed your records before the exam and may have pre-populated much of the report in advance. That is a normal practice. However, it sounds like a lousy exam to me. You have a C&P by a PA against SC and an IME (I assume by an MD) for SC. If that's the case, the VA should grant SC based on your IME. The PA failed to contest the more favorable findings from the IME or even entertain the possibility that your obesity was caused by pain limiting your ability to exercise. Additionally, these are the instructions for musculoskeletal exams. The part covering the goniometer requirement gives the VA free reign to assume it was used even if it wasn't (which is BS): https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014194/M21-1-Part-III-Subpart-iv-Chapter-4-Section-A-Musculoskeletal-Conditions?query=favorable exam These instructions tell them how to handle examination reports. There are a bunch of requirements listed. If any are missed, the report is deemed insufficient. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015812/M21-1-Part-III-Subpart-iv-Chapter-3-Section-D-Examination-Reports#4 Might be worth waiting to see what the rating decision says. You might have been granted SC. If you are, then that would be great. The only thing left would be getting the correct rating.
  19. 1 point
    If you can show an additional 60% for another unrelated disability you can get Housebound which is another $300. Between the time you got TDIU and now did you get rated 60% or more for another unrelated condition.
  20. 1 point
    Maybe I am just the one to challenge the rule... since in my case its so apparent that the rules were designed to prohibit actually disability ratings and compensations....
  21. 1 point
    Yes... in my case I was at 60% for Asthma and 30% for secondary COPD, which never made sense because both were rated based on the Pulmonary Functions test... so both should have been 60%.. So when I did the CUE, the VA severed the rating for COPD, but by the time they severed the rating I was already on Oxygen so they increased me to 100% for do to home oxygen use under 6602 Asthma. However, Asthma rating do not include a 100% rating for oxygen use. Technically, I still hold the 30% for COPD ( and sleep apnea for 50% ) but they are all lumped in together with one rating. Ironically while they severed the separate 30% rating for the COPD they did not sever the rating for sleep apnea. To have 1 rating for 3 issues really suck. While Asthma and COPD overlap, sleep apnea is not a pulmonary disease it is a sleep disorder. Even though Asthma & COPD do overlap they are completely different diseases. In Asthma after an attack lungs return to normal, in COPD lungs just continue to go downhill, so technically they should not lump any of the three into one rating. But the VA is going to do what they want to do. What really gets me upset about this is that the VA doesn't give any consideration to special compensation and that doesn't seem right. Many people with COPD have a 100% rating due to oxygen use, and that is bad enough, but to have 3 conditions really makes my life harder. The point I am trying to make is that they all have individual challenges yet the VA treats them as one disease. It just isn't right..... anyway sorry for the dissertation.
  22. 1 point
    Waiting for two CUE/HLR claims to be completed. The VARO requested old medical records from the VAMC. VAMC sent paper copies to Janesville WI intake facility which arrived one business day ago.
  23. 1 point
    Buck, you are correct, however, I made the claim without any new evidence, just my opinion that my issue had gotten worse. Then, the C&P produced the new evidence. But, you have make the claim or nothing will happen, Hamslice
  24. 1 point
    Buck I never knew about the three 0% will = 10%, that is good to know. I had an extra 10% that I never knew I had...haha
  25. 1 point
    Foxhound, do you have any health records in conjunction with being unconciousness? Usually that leads to headaches and other unsundry issues. Did you go to sickcall for headaches following the injury? These are several of the questions that I have. Any health records you have might bolster your claim.
  26. 1 point
    I have been through something similar to this. Keep in mind the way proposals to reduce work. They have multiple stages: 1. VA sends you a letter proposing to reduce your rating. This could be due to a recent C&P exam or the time limit expiring on a rating they deemed temporary. They will indicate that you have X days (can't recall, may be 30 or 60 days) to respond with evidence proving the rating should be continued. If you do not respond, they will move forward with the reduction. If you respond with evidence, they will review it. 2a. If they moved forward with the reduction, you'll get a decision letter explaining why and the usual appeal timeframe forms. 2b. If you submitted evidence, the VA will review it and/or request a new C&P exam. When that's done, they send you a decision letter explaining why and the usual appeal timeframe forms. 3. At this point, if you do nothing they consider that as being you agreeing with their findings and the decision will become final when the appeal window expires. However, if you appeal before the appeal window expires, your claim would still be considered alive. That brings us to the next question. Do you still have all the forms that came with the in October 2018 rating decision? If you do, check those first. One of them indicates your rights to appeal their decision and the duration of your appeal window. Normally it is one year for regular appeals with the VARO, but it could differ for a reduction. It is important that you do not throw away the pages that come with your decision letters. In April 2019, you submitted an Intent to File. That gives you a one year window to collect evidence and formally open your claim. In November 2019, the C&P exam found incomplete/moderate severity. Now for the tricky part. If your October 2018 claim had a one year appeal window, technically your claim may still be open. In April 2019, the VA began using the new appeals process. They are sticklers for filing the proper form depending on your situation. Many of us learned this the hard way. However, I could be wrong, but for claims which were not finalized by April 2019, your appeal window may have still been open from the October 2018 decision. Probably the best way to find out is to call the 1-800 number or check with a VSO to see what they say. Why is it important if the October 2018 decision was still appealable? Effective dates. This goes to what Broncovet said and their reasoning for reducing the rating last year. If they reduced it because evidence showed you no longer met the criteria for the 10% rating, the reduction would be justified. However, if they reduced it because you missed a C&P exam, you can look in medical records from the prior 12 months to see if you have evidence to help justify the continued rating. The decision letters from last year and this year hold the information you need. Here's something else you need to know. Once you are SC for a disability, even if you are at 0%, all you need to do is provide evidence showing you meet the criteria for a higher rating tier. This evidence can be from the prior 12 months (cannot go back prior to the date you were SC). The VA may or may not send you for a C&P depending on the situation. If they grant the increase, the effective date of the increase would be the date you met the criteria for the higher rating. I had a situation like this some years back. I was rated 30% for asthma and it was treated frequently with prednisone. I learned that if you got 3+ per year, that would warrant an increase to 60%. I filed the increase and won. The decision letter said it was a temporary increase because they expected me to improve. A year later, I got a proposal to reduce and sent in medical evidence proving the rating could be continued. Soon after, I got a decision letter reducing me back to 30% because they said the evidence did not show it warranted a continued rating of 60%. I filed a reconsideration along with the evidence and they still denied, so I filed a NOD and requested an in-person DRO review. A couple of years later, I met with the DRO and showed my evidence. Everything I sent in was present in the claims file. The DRO reviewed and said the VARO made a stupid decision. About five or six weeks later, a decision letter arrived which reversed the reduction, continued the 60% rating, and indicated how much retro I would get. Because I had been receiving the prednisone treatments for asthma for about six years total, they considered the rating stabilized and indicated it was not expected to improve. Below is an article which can help you understand how increases work. Check my blog for other articles which might be beneficial.
  27. 1 point
    The med person who showed me how to use it told me to use a mixed solution of distilled water and vinegar. All except the mask, which can't get wet. I use sanitary wipes for that. Although adding a little mouthwash may be a good idea.
  28. 1 point
    I am glad to be on the mend! I am so grateful to all of you for the help and kindness you have shown me! I hope you all have a warm home and some good food! If you are in Omaha and need some food our table is always open!
  29. 1 point
    Thanks guys for agreeing with me and this new AMA/RAMP system has already screwed me up on appealing a secondary and an increase claim and I may or may not have to do a reopen claim which is the intended result by VA of introducing this new phony faster system. It is faster sometimes on DENIALS. So far my grants and denials have taken a perfect year under this so called new system and this is about same as many years ago for me under old legacy system. Within past year I have received a denial and soc on an increase claim and both use almost word for word the same wording except the soc added a short paragraph of further justification for denying my increase claim. Again this same as old system but they add more wording and more detailed listing of evidence they supposedly considered. But this is as I expected. Most of time when I and others win our claims on appeal it is based on the same evidence and arguments we used in our original claims to the VARO. That tells me a lot about the whole ******* VBA claims system right there. DELAY AND DENY UNTIL YOU DIE. I am 73 year of age.
  30. 1 point
    I would never had thought of sending a good rating back to the BVA but what Vetquest is suggesting is excellent advice, you have nothing to lose by having sent back to the BVA. Buddy letters do help especially at the BVA level. Good luck
  31. 1 point
    also found this: 38 U.S. Code § 5107(b) Benefit of the Doubt states "The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary".
  32. 1 point
    Great advice from the other members who responded. Before filing for an increase in your MH rating, I recommend you familiarize yourself with the rating criteria for the next higher rating tier which happens to be 100%. If you happen to be employed, you're likely not going to be approved. The "Total occupational and social impairment" basically means you SC MH disability is so bad that it precludes you from working. However, if it does worsen and prevent you from working, indeed consider filing an increase. I included an excerpt from the MH rating criteria below. If you are unable to work due to your SC disabilities, and don't happen to meet the criteria for the 100% MH rating, consider filing for Individual Unemployability (IU). Each year you have to submit an income statement. They would pay you as if you were 100%. Eventually, or if your doc says your conditions are not expected to improve, you could request it be made permanent (TDIU) and that is pretty much the same thing as being rated 100% P&T, but cannot work. If you work, but are in a sheltered environment, you might qualify for TDIU and still be able to work. More information about IU/TDIU can be found elsewhere on this site. Further below, I included some additional reference links that you might find interesting. They involve how rating increases work and how to get secondary SC. Both contain information which can be helpful on your journey to get a 100% rating. §4.130 Schedule of ratings—Mental disorders.
  33. 1 point
    Shopping at the commissary is not open to all disabled vets yet. There are security concerns and there is now a phase two. Please reference. https://www.military.com/daily-news/2019/11/13/new-commissary-exchange-access-delayed-many-veterans.html
  34. 1 point
    Sounds like you got a good one. My last MH C&P was like that. She started out by saying my history was well documented and she was not going to make any suggestions to change my situation. It was a good report that reaffirmed what previous doctors had said.
  35. 1 point
    I really hope idiots like that undergo remedial training so they don't keep repeating the same mistakes with other veterans.
  36. 1 point
    Most likely you will need a Dr's diagnosis linking it to you service in the Gulf. You are going to need a Dr. who knows what the VA verbiage is as well. Someone like Dr. Ellis. Or they most likely will continue to deny. Your going to need the diagnosis, therefor the law on your side. GW claims are not easy to get service connected. Presumptive doesn't make it easier.
  37. 1 point
    Everything I know about CUE is in our CUE forum and the fastest ones of all were filed against VARO usually in mere days after I got the erroneous decision. But my SMC CUE took 8 years.I was hoping they would send it to the BVA, because I know the BVA would have awarded it. Then a Miracle happened- AO IHD Nehmer-and my claim for that went to three separate ROs before it even got to the Philadelphia RO Nehmer Division. They awarded it immediately as it was contingent on my AO IHD claim which they also awarded. You mentioned you have an attorney Did your attorney consider filing another CUE on the recent award letter? I think almost all of my CUEs were on award letters. I think you should ask the lawyer to file the CUE.
  38. 1 point
    Start by checking the rating criteria. I'm not a hearling claim expert, but believe that could be a significant change. To get an increase, all you need is proof showing you meet the criteria for a higher rating tier. If it is recent, that's better because the VA may be less likely to send you for a new C&P. This blog entry should be very helpful.
  39. 1 point
    I suggest you go to the BVA web site, www.bva.gov and read some of the decisions with this term in them: ' spondylosis with foraminal stenosis '- there are plenty. Then use the same term and add Motor Vehicle Accident Has the VA ever given you an MRI that would reveal this type of injury?
  40. 1 point
    So the 1st visits are completed with the psychiatrist and it went well, he did a series of test to rate anxiety, depression and PTSD levels. I appreciated all the advise - I am headed to the VA next to request a primary care doctor (at the advise of the psychiatrist) Levels of the test revealed high scores for depression and anxiety both of which I didn't think I had. Thanks again for chiming in and giving some direction. I'll keep you posted along the way on this claim.
  41. 1 point
    Looks like they bumped me only 10%. Waiting on the BBE to do another appeal. The bump moves me from 20% to 30%
  42. 1 point
    I'm used to reading the BVA stereo instructions. Found the post here: https://www.va.gov/vetapp09/files2/0919318.txt Yup, you are right. That is the pyramiding rule at work (38 C.F.R. § 4.114). It prohibits granting separate ratings for GERD and IBS. They look at symptoms of both and grant a percentage based on the higher of the two. The lower of the two is still SC, but considered a non-compensable 0% rating and does not get factored into the overall combined rating calculation. That's exactly what they did to me, but I'm only at 30%.
  43. 1 point
    This is some great info Broncovet, thank you again for your time and patience. I kinda of figured that is what the VA was trying to do since that I have filed for this condition 4 times within the last 10 years and had been denied on all. Thats why I did my research and found that flatfeet can cause knee problems. Prior to the C&P exam as stated before, I had my primary care MD do a physical and a DBQ for me which he has been my PCP for years. I did do my research on my C&P examiner prior to my exam, and found out that she was a MD as well. My Doc have been dealing with me for years, the examiner only dealt with me for maybe 45 minutes. Both are MD's. Conflicting exams. I did not surrender my dbq from my PCP to the C&P examiner. I really do see how the VA tries hard to deny. Thats why I believe this is a good cite for Vets to get great knowledge. I have fought for my country and survived combat tours. Now I have to fight the VA and hopefully I can survive through this battle.
  44. 1 point
    Does he have any other disabilities? Can you scan and attach here his last denial, to include the evidence list? (Cover his C file #, name, address prior to scanning it.But we need to see the date)
  45. 1 point
    If you informed your doc but he is a civilian doc, I wouldn't go for an increase now, but, if required you to go for a new exam, I do not think you have to inform the VA that you were in an accident. If asked, tell the truth, but I do not believe you are under any obligation to inform. You answer the questions asked, you do not have to offer or expand on answers not asked, I just wouldn't request an increase now. Wait and see. You are not a medical expert, so your opinion on whether your accident caused a worsining of your already s-c disabilities doesn't count, so why offer it?IMO
  46. 1 point
    Same but it is the VA lol
  47. 1 point
    Thanks! Really glad to have found this site and even more excited about the volume of knowledge and help pertaining to VA Disability Claims and experiences. I am here to help (when I have more knowledge) and share my own claims journey as well. I am in the beginning stages of opening a claim and don't want to make the mistake of overlooking anything and not preparing adequately. Thanks again for the forum and knowledge.
  48. 1 point
    That's a tough one. I would still go with the Supplemental Appeal with your new evidence. @Buck52, can you lend us any advice.
  49. 1 point
    Jerry Wright was out this way ( NY) a few months back. I see the point of the bill, but I have 2 bills I am concerned about- and have not have time to see what the status of them is yet.One I wrote and sent to Cong. Roe and one is in the Senate , S 221.( that arose from my OAWB complaint but I had to re write the whole thing and send it to the sponsors- none of them were veterans and none ever dealt with the VA. Next to AO VA malpractice is my biggest issue and this is what those bills are about. Can Wright join us here? If we get anywhere near the BVN AO claimants that VA thinks will be filling claims, we can use more help on that. I hve no idea yet if the 70,000 plus Sec WIlkie expects includes the surviving spouses or adult children ,if the spouse is dead, who would have a right to file claims.FINALLY- I have been waiting for this issue to be resolved for almost a decade or maybe much more . Since the BWN AO was signed into law, I have recently put most of my time and help in regards to that issue. Wright does have a google footprint but I did not see what he actually does, in getting the word out to vets to file their claims for any presumptive.This is the problem we are having ( BWNVVA) but the VA has actually started to work (and pay) those BWN claims- they even did out reach to over 70,000 vets---and this was not what we expected at all. I just found this out last week. I thought we would have to wait for the claims Stay to be lifted and that lawsuit is being heard this week- I think or next week , against Wilkie- but maybe that has been settled already????? Some Blue Water AO vets have already gotten mega back pay----!!!!!!!! I asked many to join here, and they are my prime focus these days.Some of these vet reps are not fully versed in Nehmer and could bugger their claims in a heartbeat. A lot of that work ,however, does not involve this site-but will when I have more info on it. Also I have been dealing with some widows who might have chance for AO BWN DIC and even accrued,,,,but it is difficult to deal with widows, as often they don't know where the deceased paperwork is or what their BWN spouse was service connected for, and even forget what they died from. I ask all of them to come here because I don't handle one to one stuff by phone or email-or they can get a vet rep and hope the rep has a clue on Nehmer (which many but not all. will fall under). Recently we even got an AO IHD claim- the incountry Vietnam veteran had just learned that he had an AO presumptive via the 2010 regulations....that he just found out about- This is my concern with this new member's father. Just think- if he had filed a claim, and continued to pursue it- it is highly likely that he has at least one AO presumptive-and if he had attained 100% SC P & T for anything long ago, his daughter as a minor child then ,would have been eligible for medical care under CHAMPVA and his spouse. as well. It is a hypothetical statement,but I fear is true for many,many veterans who just gave up if they got denied. We must NEVER give up.
  50. 1 point
    This is just another reason in a hundred why I refuse to give my power of attorney to these smucks. I am having the same problem , not able to get copies of the C/P exams that where done in Jan this year. I have requested in writing three times a copy of these exams and no response what so ever. I am planning on making a trip to the Waco VA Regional Office and speak directly to a VA employee. The last time I sign a POA was because the Houston VA Regional Office would not answer my questions without a POA present , so I played their stupid game and appointed DAV my POA, after I got my questions answered I revoked the POA before I even left the Region Office. Two years later I was still fighting with the VA to get the POA Revoked, they were sending my stuff to the DAV when the DAV had no legal right to it. I finally did get it revoked but they darn sure didn't like it... Ironically, many years ago ( about 20 ) I did some volunteer work at a local DAV helping veterans file claims. I did that for about two years, then one day I was told I had to be certified to help Veterans , ( this was a new thing).. so I said ok I'll play the game...... so the DAV arranged to have a 3 hour class for myself and some other volunteers , what a total waste of time, they even gave us the answers to the questions before we took the silly exam... ever since then I haven't had much respect for what the DAV or others service organizations do . Yes I know that they actually help get legislation passed that benefit veterans, but that is about all they do correctly, Sure there are some representatives that really care and want to help.. but most don't know squat. And I hate to say it , but they actually pit veteran against veteran because they will support new legislation for some veterans but not other veterans. The concurrent receipt issue and the caregivers programs are excellent examples of this. And about 18 years later Chapter 60 Medically retired veterans still cannot get concurrent receipt. Ironically some veterans were given early retirement at 15 years service and they qualified for concurrent receipt, while a medically retired veteran who has just under 20 years is crapped on. Anyway I am on the soap box now and I will steep down because I know I am speaking to the choir.....
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