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  1. We are often given bad advice on our VA disability claims, by VA employees, VSO's, or even well meaning hadit members. However, if a hadit member posts bad advice, mostly others challenge it, and even correct it. This rarely happens with VA employees or VSO's advice. Here are my top 10 bad advice statements: (Dont make these mistakes) 1. If you apply for an increase, you will be decreased instead. Its actually difficult for VA to reduce you, especially if you refuse to roll over and allow them to do it. Source: 38 CFR 3.344 2. "Wait" until issue "A" is completed until you apply for "issue B". This costs Veterans retro. Your effective date cant be earlier than the date you applied. (Exception: If you apply for benefits within a year of discharge, you can get an effective date back to your date of discharge) 3. Ignore letters VA sends you. They often contain deadlines for additional evidence, or other deadlines. Keep VA up to date on your address, you may not get letters you need to have! 4. Solely relying upon information a VA employee or VSO tells you, especially if it smells fishy. If you smell fish, chances are good there is a dead fish nearby. Give the advice the "smell test". 5. Solely relying upon information "you were told". I cringe whenever I hear "I was told...." Usually, this precedes bad information. Check this information on hadit, review the CFR's to see if its consistent, or check the VBM (Veterans Benefit Manual) instead. Remember, neither VA employees (nor VSOs) nor politicians keep promises 100 percent of the time. VA will not hold accountable an employee who gives you bad advice. 6. Not reading your decision. Bad idea. How do you know whether or not to appeal it? 7. Not reading or knowing whats in your cfile, and guessing instead. What did your doctor say? Did he WRITE DOWN what he said in his office? Find out and read it. Its your claim. 8. "NOT" enlisting the services of a professional (lawyer or claims agent) when necessary. For example if the retro potential is large, or your claim is complex. Your bias against attorneys can often cost you money. Hiring an attorney "does not" always cost you money. In fact, it should never cost you money...you should get more, much more, with an attorney than without him. While there are many circumstances when an attorney is not necessary, such as your initial claim, when you dispute the decision you got, its a great time to consider your options as far as a representative goes. Not all Veterans have the resources or skills to do their own claim. Did you know that some law firms will "up front" the costs of an IMO in order to win your claim (especially when the Vet can not afford an IMO). Incredibly, there are many "Pro Bono" law firms (such as NVLSP) which do not charge Veterans for their services. Also, EAJA (Equal access to Justice Act) pays many/most Vets attorney fees at the CAVC level). 9. Poor reasearch/no research. Chances are great other Vets have had a similar issue before, and its already been decided by the BVA or CAVC. You can check to see what happened to them so that you either dont make the same mistake as they did, or you can do it the way they did and succeed. 10. Giving up too soon. If you truly feel that you deserve the benefit sought, there is a great time to give up: NEVER! Persistence often pays off when giving up does not.
    6 points
  2. That is great they are not in need of an exam. Those exams can suck as they bring up a lot. I have had a good outcome without a C&P exam. But again you never know who you are going to get. Hope for the best, but be prepared to fight it all the way. Just have to wait it out and see what they come up with.
    3 points
  3. Another piece here to add is you need to look through all of your medical records. If at any point you said you were tired for no reason or something else linked to sleep apnea you can use this to link it. An IMO is the strongest one, but there are other ways
    3 points
  4. I just proved that a 23 yr old veteran likely had/has non-malignant parathyroid nodules and hypothyroidism due to exposure to HF radio as hull tech/damage control team for a 270 day cruise under 3.309 and 3.311. Two hours well spent. Hows your day going?
    3 points
  5. It says you are missing "Caluza element number 2"...an "in service event or aggravation", and, Caluza element 3, Nexus. In a nutshell, you need to appeal to the BVA, like about 80% or so of the other Vets who were denied and have to appeal. You "may" need an IMO/IME with clearer nexus which would point to the in service event. Welcome to the VA hamster wheel of delays, denials, lowball, and hornswaggling the effective date. You have to keep fighting.
    3 points
  6. I finally received my decision letter granting me TDIU permanent and total. Where can I find out about all the benefits associated with the grant. I read someone's post awhile back concerning free insurance. I want to personally thank everyone on this site. I couldn't have gotten here without your help. I urge every Vet I come in contact with to visit this site for advice and help. Me and my family are truly grateful and blessed !!!!!!
    2 points
  7. I have a claim in appeal for well over two decades going from BVA to the CAVC then back to the BVA to be granted, to increased, to reduced, to restored and back to BVA for the final rating percentage. While all this has been going on, I was granted 100% scheduler P & T and the BVA still have not completed my appeal.
    2 points
  8. I agree with Scottish Knight, especially "the VA is clueless". Are you wearing hearing aid(s)? In a nutshell you take the "Average". To determine the average, add up the numbers the audiologist wrote on "1000", 2000,3000,and 4000. Then divide that total by 4 to determine average. I will do it for your right, you do the left: (from your chart). 20 plus 50, plus 55, plus 65 equals 190. Divide by 4 is 47.5 (use 48). So your average for right is 48. You then use your speech discrimination percent on the bottom of the chart for each ear. Then you can plug into chart and get your disability percentage rating. Im teaching you to do it rather than just do it all.
    2 points
  9. Hello Everyone Just thought I'd give y'all an update on my wife health. She seen the surgeon yesterday, her recommendation was to have another drain tube installed to help the other two that she has now,(to help speed up the draining of the infection) although she said the drain lines are doing what they are supposed to do , its a slow slow process draining out the gangrene infection and its still has to much infection to do the surgery, it needs to drain out more. so she was placed on a low fat diet (she can eat real food now) unless it hurts her lower stomach /gallbladder area) the antibiotics are working but like the Dr said its a slow process due to the gangrene infection and its in her blood system ,so they rely on the antibiotics for that...and the drain tubes. she is talking now and recognizes people and still in her right mind thank God, So after yesterday seeing the surgeon the Dr said she was slowly showing improvement but she wants to keep her in the Hospital for the care she been getting and add that extra drain tube and will see how she is in 2 more weeks. (the Doctors and Nurses at the Hospital are wonderful we could not got any better people...so were forever thankful for them. they help her and bend over backwards and do things that is not really a part of their jobs. (God Intervention) The Dr said this might have to take another 4/5 weeks it maybe Mid September before they can do the surgery , but will try before that depends on how the infection is? Because..right now there's just to much infection to do the surgery and it has a high risk...vs taking the conserved approach which we elected to do, the Dr Agreed. I wanted to Thank Everyone each and everyone of you that sent prayers for my wife (Brenda) we both know they do work and I believe she had a miracle ...because there at one time the Dr mention to the family be prepared for the worse but now she is not having the pain she did have she still has some but she can tolerate it much better, she is able to talk and ask for things and they start rehab on her today, she has not got up out that bed now going on 4 weeks straight,,she to weak to walk but there going to work on that. I feel so much better now and need to take care of some business and pick up around the house , my son and daughter law has been bringing me over a plate of food in the evenings. So please keep those prayers coming she is not out of the woods just yet..... God Is Good Everyone. We both Thank all of you for your prayers and compassion, we won't never forget that. I will return to hadit as soon as I can,,,I need to work on a CUE for EED myself...after an audit letter was sent to me and they could not go back to the dates I requested back to 1998 to present) said they don't have the records that go back that far.(1998).which is a blatant lie I have them in my C-file back to 1998..in turn they said I was not due any retro and the retro that was paid to me was correct. its not correct and now have to file a CUE. I am not so sure we can appeal an audit of our claims? God Bless Everyone here on Hadit and your Family's. Stay Safe and Well Everyone. Buck & Brenda
    2 points
  10. Well put nothing past the VA. I suggest waiting for your new award letter. Based on your post it is likely that the VA has sent you a separate award letter that should have the difference of your dependent pay on it. In your post, you stated that the VA awarded you an EED back to 1999 and that would have made your dependent eligible for dependent pay and the VA should have included that pay in your decision. It is possible that your new letter will show this difference and at the same time, it is possible that Ebenefits shows that you have no dependents because your dependent child is still beyond the age limit. Keep in mind that Ebenefits is supposed to show the current rating and your dependent child would not be on it because the child is well over the age limit. This would have nothing to do with an award letter for an EED for back/retro pay for your dependent. Back in 2014 the VA granted me a 2004 EED and I received my award letter and back pay. A few days later I received a second award letter for my dependent child that they left off. In 2019, the BVA granted me a 1998 EED that made my dependent child eligible for an EED and this time all my back/retro pay was included in my award letter, and I did not have to file a new claim. It is just a little too soon to know but your new letter may correct that they missed your dependent child off your award.
    2 points
  11. Hello Everyone I know this is not the forum to add this post and not take away from any other post, I just wanted to thank Everyone for the well wishes and compassion and prayers, they do work, My wife condition is finally improving, after tons of Morphine and other knock out drug's to help control her excruciating Pain for 10 days straight 24x7..due to a Ruptured Gallbladder infection (GAN-GRENE and Gan-Grene II set in it also had leaked outside her gallbladder into her bloodstream so they had to combat that with antibiotics also... and she had a hard time with it , they inserted two tubes into the bladder one on each side and are currently draining the infection out into bags ..its a slow process , she had the tubes in now for 8 days and could take up to another 8 days to drain ALL THE INFECTION OUT, She been in the Hospital Now 2 full weeks, the pain she had from her gallbladder caused her heart area to have pain, so they did a heart catheter and look around the heart , cardiologist said it looked like she had a ''light'' Heart Attack but no damage was done she does have one ariterie stopped up 99% but the other arteries are doing ok... So now they are needing to get that infection drained from her gallbladder to be able to remove her gallbladder..so were hopeful for a surgery date? but its risky surgery due to her already triple bypass heart surgery from 2005, and recent neck and back surgerys. but this is no choice the damaged gallbladder needs to be removed...and were awaiting a surgery date for that until then she will remain in the hospital ..she has not eat in like 3 weeks now they fed her Intravenously via IV's and 3 different Antibiotics, she had a rough time there for the last 2 weeks, due to other complications to many to mention here, but today she was sitting up and was able to speak and lift her arms up a little bit she can suck out of a straw and she is getting broth and jello, for now, and her pain is now under control....where before she was in excruciating Pain and was awful to witness and watch her......nothing anyone could do the D's did all they could... So Were hopeful she will pull through this sad time in our lives. We thank everyone here for your prayers and compassion, I will update in about a week and hopefully she is recovering from gallbladder surgery. Again Thanks Everyone here on Hadit...this is our second little family. Hope there were some claims won these last two weeks if so a Big Congratulation to these Men and Women Veterans and a Big Thank you to all you Hadit members. Buck
    2 points
  12. https://casetext.com/case/ollis-v-shulkin If you can prove an unforeseeable event caused you ( from the VA referral) to have additional ratable disability- then you could have a potential basis for 1151- but you would need to have a very strong medical opinion on that (IMO/IME) based on all of the VA and private care records. In my opinion, 1151 claims should be focused solely on VA treatment. and comply with the 1151 regulations ( in above BVA decisions). I realized long ago that ,if my husband had been referred to a private doctor, he would probably be alive today. I became the claimant after he died due to his two pending claims, one was his claim under 1151. The malpractice was overwhelming, and one VAMC tried to cover up the malpractice at another VAMC. They failed to cover it up. FTCA settlement and 1151 DIC award- wrongful death. We believed what the VA doctors said. They said he had a sinus infection but it was a heart attack and they never treated him for it or told us he had IHD. One thing every veteran should do is, if they begin to feel their VA care is wrong, is to get an Independent opinion from a non VA doctor with expertise in their disability. Years after I settled with VA for wrongful death I filed for an additional disease they malpractced on. BUT I filed for direct SC death and with 3 IMOs I won. My husband also had DMII from AO and the VA never diagnosed or treated the Diabetes, which was one more disability ,malpracticed on, that caused his death. I even found a Motive for the malpractice. But 1151ers do not need to find a VA motive for their (VA's) medical incompetence,they just need to prove it happened and caused them additional disability ( or death). I read a widow's 1151 case at BVA this AM, community care was somewhere in the case. But the widow had no proof of malpractice at all. If my Bill S 221 succeeds in the House ( it passed the Senate with no problem) the VA will be forced to properly account for these quacks. Then their actual malpractice statistics will be available to Congress and to the public. VA saves lives every day- I have no doubt of that and that most every veteran gets superb care from the VA. But my opinion says" most", not all veterans in the VA health care system.
    2 points
  13. If you have a standing ITF it's applied to the next claim you file. You can only have 1 itf at a time. https://benefits.va.gov/BENEFITS/factsheets/general/intenttofile.pdf
    2 points
  14. For those who are waiting on appeals, just check this morning, been feeling a little out of it lately and not had a chance to check it but according to VA.gov, the board is now working on January 2018 appeals. That does not mean something will come up to put someone else in front of your claim, but they are moving.
    2 points
  15. With all due respect, the ITF is controversial. I "opt out" of ITF in many/most cases. Instead, I just apply for benefits and Then gather information. Yes, you can do the ITF if you dont have all your info, too, but making a 2 step process our of applying never made sense to me. More than 1 Vet has indicated that VA did not give them the ITF date, so they had to appeal the effective date. I think the claims process is complicated enough without giving rating specialists "another" way to make a mistake: (forgetting to include the ITF date). Or worse, you could file an ITF, think you filed a claim, and let the year expire and have to start over. Most of the time, unless you have an extreme problem gathering records, I skip the ITF, and just file. Not everyone agrees with me. Thats okay, not everyone agrees with me on most things, either. When God made me, he decided "the world was only ready for 1 Bronco vet" they could not handle any more of me. So, Im very happy that others are not exactly like me, and that we disagree on things. Gee, really dont like cooking, but there are many people who do like cooking and, since I eat cooked food, Im glad there are people who choose cooking food as a career, so I have places to eat where I dont have to cook my own food.
    2 points
  16. The best thing to do is to wait for your official letter or to review your official letter. It will show the breakdown of your award and how much the VA paid you and when the VA paid you including your dependents if you have any. Ebenefits and va.gov can be off and not correct at times. If I have not said it Congratulations!
    2 points
  17. I have done Ebenefits and it worked.
    2 points
  18. GZ1 Welcome to Hadit. People get a little mixed up on the title "secondary conditions." If you have a VA granted disability, that is a primary condition. If you also submit and get granted an additional disability because your original disability has caused or made worse the new one, that would be called a secondary to the original. For example, you get service-connected (s-c) for headaches and awarded 10%. However, the aspirin and NSAIDs you take cause stomach problems resulting in GERD. GERD would be secondary to the headaches at 30%. So the secondary is a higher rating than the primary. Happens all the time. Once granted, you should forget about the title secondary; you now have two disabilities. And, once granted. a secondary condition can lead to its own secondary conditions. To continue, you then may develop a MH condition such as depression or anxiety because your GERD impacts your work and/or interactions in social life. You need to develop your claim with strong evidence with a nexus that the SA is caused by your respiratory issues already approved. You doc has to provide technical/medical articles/studies that show the link IMHO.
    2 points
  19. Hi Donny Welcome to Hadit. PSA is very difficult to get service-connected because if you are prescribed a CPAP machine, as it is a 50% rated disability. I would suggest that you haven't proved s-c; more than likely the nexus letter isn't strong enough. I would get an additional IMO from a sleep doc that will counter what the c&P examiner has to say. Get a copy of the C&P exam and react accordingly. If it isn't strong enough evidence, going to BVA probably won't work without better evidence. If you want to redact your personal info and then post it on this link, we can look at the nexus. It would be hard to get it secondary to your knee IMHO. Maybe sleep disorder because of constant pain. Research secondaries to your knee disability also. Example does it alter your gate, cause you to walk differently, pain meds cause GERD, back injury from your altered gate, other knee problems., etc. You have to do your homework.
    2 points
  20. Squanto In no particular order a short list I would start with is CC&K, Hill and Ponton, Woods and Woods, The Veterans Law Group and Perkins. The issue is often they have a lot of work and they tend to specialize in certain area more than others and sometimes that leads to better representation in certain areas, such as MH and PTSD. Google your disability and see if any of the more reputable lawyer groups have a video or on-line article on it. Certainly ask more than one and ask about their success rate and especially your disability.
    2 points
  21. I have not seen a letter like this sent out before. I would keep down the road you are on and I would not follow those instructions as it sounds like someone is trying to get you to delay your claim again. Not sure of the reason of this unofficial letter, but something seems off. Keep fighting!!!
    2 points
  22. TDIU being an increase you don't get to file for the disabled vet insurance if you have not done it already. If you do have the disabled vet life insurance the VA will pay it for you now that you are TDIU or 100%. $10,000 is not much but it is something for the spouse if you drop dead.
    2 points
  23. Yes, you are p and T, yes you are eligible for Champva, and virtually all the other 100 percent P and T benefits. Dont worry about ebenefits. Its not up to date or accurate.
    2 points
  24. I keep saying I am done with the VA, but if another Agent Orange presumptive comes up I will claim it. Probably the only thing I can get now is some kind of SMC. I hope I don't have to claim it because it will mean I am much worse off than I am now. I really am done with them, but don't piss me off. I want to encourage others to file their claims until they get what they deserve. If you don't get it someone else will.
    2 points
  25. I know Home Depot has the Vet program and here at Habitat we put on 12-15 roofs and critical repairs that homedepot pays for . I would check it out
    2 points
  26. Thanks Guys I appreciate your response and advise , I may file for it see what they say? can't hurt anything.
    2 points
  27. I would say go for it. And to say you are not qualified for it does not seem to be the point. You are 100% disabled and they should be helping you out if you needed it. Just like when I asked my doctor for a pillow to help with my rotator cuff. I sent her the pillow I wanted and in two weeks it was at my door. I would go for, what is the worst they can say No?
    2 points
  28. Thinders1951 Really important to add a new buddy letter (21-10210 to talk about how your current symptoms affect your daily life, physically, mentally and socially. Example: I no longer go out to lunch , etc. etc. with friends because I'm afraid I won't get to the bathroom in time, my meds make me..., Talk about what you can't enjoy now that you used to. Also up front on the letter refer to your doctor's letter to tie it together as part of your new evidence.
    1 point
  29. Vync and all Veterans beware- Please think twice when filing SF95/FTCA claims. If you are SC for any disability and receiving compensation, and they grant the FTCA with a monetary award, your VA compensation will cease until they recoup the money they paid you in the FTCA settlement. It falls in the §4.14 clause about no pyramiding, technically. Basically, you can only be remunerated once for your disability(ies) with govt. funds. I had this happen to a client before they sought my representation. They received a $100,000 FTCA settlement and poof- VA comp. ceased until the amount ($100,000) was recouped (about 3 years) whereupon the VA comp. began again.
    1 point
  30. The MOS criteria I posted ,can help: "The claim of entitlement to service connection for right shoulder disability, diagnosed as osteoarthritis and impingement syndrome, is granted. The claim of entitlement to service connection for left shoulder disability, diagnosed as osteoarthritis and impingement syndrome arthritis, is granted. The claim of entitlement to service connection for a right-hand finger disability, diagnosed as trigger finger, is granted. The claim of entitlement to service connection for a left-hand finger disability, diagnosed as trigger finger, is granted. The claim of entitlement to service connection for bilateral hearing loss is granted. The claim of entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. The Veteran’s assertions of in-service noise exposure and the performance of strenuous duties associated with his military occupational specialty (MOS) are credible and consistent with the circumstances of his service." https://www.va.gov/vetapp20/files7/20044653.txt ------------------------------------------------------------------------------------------------------------------------------------ "The Veteran was exposed to excessive levels of noise during service. 2. Bilateral hearing loss was not shown in service or for many years thereafter and is not related to service. 3. The Veteran's bilateral tinnitus was incurred in service. "CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss are not met. 38 U.S.C. §§ 1101, 1110, 1111, 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385. 2. The criteria for service connection for bilateral tinnitus are met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 1137, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309." https://www.va.gov/vetapp19/files2/19111592.txt In Part: "Turning next to service incurrence, the Board finds that the Veteran was exposed to excessive levels of noise in service, based on his consistent statements regarding in-service noise exposure related to his MOS. The Board also notes that while the Veteran’s specific MOS isn’t listed in VA’s Duty Military Occupational Specialty (MOS) Noise Exposure Listing, military personnel having an MOS of Engineer have for the most part been determined to have a moderate to high probability of noise exposure." -------------------------------------------------------------------------------------------------- In this case.... In Part: "We note that, although the Veteran does not have a hearing loss disability for VA compensation purposes, the examiner did provide a positive nexus opinion for the Veteran's high threshold left ear hearing loss. The examiner noted the Veteran's military occupational specialty (MOS) during service was field artillery, which carries a high probability for hazardous noise. The Veteran had reported significant noise exposure including 105- and 155-millimeter howitzer artillery pieces in combat and training and aircraft and helicopters." and "Here, the credible evidence supports the claim and service connection for tinnitus is warranted." https://www.va.gov/vetapp21/files6/21037517.txt My note here- remember you guys had No real type of acoustical protection during the Vietnam War-at all. And the ear plug lawsuit is advertised on google and tv- https://earplugs.injurymatch.com/int/?cid=1211&afid=3&project=Earplugs&usid=11260499982|military earplugs lawsuit-b&sid=GoogleSearch&msid=CjwKCAjwo4mIBhBsEiwAKgzXOAVyIAGGyHiqmwjFmlEBFcNec7FmIqORXeVDBbp5jxY5IVrgBvjhiRoCVNoQAvD_BwE&st-t=GoogleAds&vt-k=11260499982&vt-p=&vt-n=g&vt-d=c&vt-dm=&vt-c=military earplugs lawsuit&vt-t=118020728530&vt-ap=&utm_source=google&utm_medium=cpc&utm_campaign=11260499982&utm_content=118020728530&utm_term=524417910620&vt-p1=118020728530&vt-p2=524417910620&gclid=CjwKCAjwo4mIBhBsEiwAKgzXOAVyIAGGyHiqmwjFmlEBFcNec7FmIqORXeVDBbp5jxY5IVrgBvjhiRoCVNoQAvD_BwE
    1 point
  31. That is Superb advice from GBA! By all means go over this list: https://criteria.njarmyguard.com/wp-content/uploads/fast-10-35.pdf This is an update of the original Fast Letter 10-35 that has helped many veterans here, http://blog.finkrosnerershow-levenberg.com/wp-content/uploads/2015/02/Duty-MOS-Hearing-Loss-Probability-Chart-VA-Fast-Letter-10-35.pdf As this notable vet law firm states, tinnitus is almost always rated at 10% and no higher for one ear or both ears: https://cck-law.com/blog/secondary-conditions-to-tinnitus-va-disability/#:~:text=VA rates tinnitus under 38,takes both ears into account. The article also reveals some conditions that could be found as secondary to the tinnitus. You are only claiming tinnitus? And not hearing loss as well? You might well be able per your MOS on your DD 214, and with this updated VA Fast Letter , enhancing the initial 10- 35, to get a reasonable response on your claim.
    1 point
  32. Bankokbill Welcome to Hadit. The VA has a "duty to assist". The veteran doesn't have to provide copies of your military records or medical records; the VA is supposed to do the leg work. It takes longer if they do; we suggest you provide if you have the evidence yourself, that way it specifically part of your evidence for your claim. That said, they are supposed to but they often take the easy way out and say they couldn't get the records. What is in your records at the NPRC that you need to prove your claim? Is it your MOS that shows an increase of your opportunities to have exposure to loud noises? You can get that off your DD214. A statement in support of your claim, or Buddy Letter, may be a good substitute for your missing evidence. You do one on how the tinnitus affects your daily routine at work and interactions with others. Get another from someone who knew you before you experienced the disability, and how it affects you now.You can and should request a copy of whatever your missing thru a FOIA request, but know it's probably a year away because of the backlog. Lastly, as indicated by getting your MOS of your DD214, there may be alternative resources depending upon what evidence you are missing. Example: newspaper clipping from a car accident or a flight ticket. Without know what you need, I would just advise to be creative on trying to get what you need.
    1 point
  33. It is hard to say without the letter being here. Because you child is too old now it could me for now, but maybe in the letter there is wording for the back pay of the dependent. There really is no way to know without the letter. It says CURRENTLY, this would be correct as they are too old.
    1 point
  34. Just remember that weight gain is not a ratable condition (generally but could be under certain circumstances). The VA often will use the argument that..."Well you gained weight so this new condition is a result of the weight gain and not your SC condition. This is false. weight can can be a "bridge" by the VA's own internal memo. So your argument will be something like this...Because of my SC condition i gained weight and that weight aggravates or caused the sleep apnea. Just be prepared for that especially if you bring up your weight gain...
    1 point
  35. Congratulations, You are P and T! You should be able to print a letter granting access to the commissary and base exchange. This is the way VA "says it".. When you get DEA, Chapter 35, it means you are P and T. Be sure to check out the other benefits, especially those in your state. Get the free life insurance, if you have not already, also.
    1 point
  36. Prior to the BVA granting me a 1998 effective date, the BVA throw out five negative inadequate C & P exams to granting my service connection in 2019.
    1 point
  37. Yes, this is Very Good News and prayers ,in my opinion, can do wonders! Try to eat right and get enough sleep Buck-you need to take care of yourself,too.
    1 point
  38. Agree, sleep apnea is often the most difficult to SC of all claims. Without a doubt, appeal to the BVA, but make sure your evidence is in order. THINK: Caluza Elements Additionally, for OSA your doctor needs to specify, in your records, that a cpap "is medically necessary". I have heard of them being denied, lacking this statment, but this is a secret the VA does not want Vets to know. You would think Va would connect the dots, I mean, gee, are you wearing a cpap at night as a fashion statement? Dont count on VA to connect the dots. I "assume" you are using the cpap, and you did not get a prescription for one and leave it in your closet. Most of those Cpap's record your use/lack of use. I use mine every night. Getting a cpap and not using it most of the time does not bode well for OSA Service connection. I was also denied SC for OSA. Eventuallly I dropped the appeal, even tho I thought it was strong, mostly because my lawyer asked me to. It became moot, as I have 100 percent plus SMC S, and additional comp for OSA wont mean additional compensation for me. In the 70's when I was in service, virtually no one ever heard of OSA. So there was certainly no diagnosis. Then, you get to Caluza element 2, in service event. What is an in service event which causes OSA? A broken nose from a nose-fist collision could do it, as could a nose collsion with other objects. Perhaps you understand that, when you get an entrance physical, the VA presumes it correct, absent contrary evidence. So, when you exit service, the presumption is, if now noted on your exit physical, "you got it from service". No osa when you go in, yes osa when you get out assumes you got it in service. But you often have to fight for that presumption. Rating specialists often point to "no in service event". NO, you dont have to have a in service OSA DIAGNOSIS, that can come later along with the nexus. If your VSO thinks a nexus is a car made by Toyota, then you may need another VSO.
    1 point
  39. Recliner delivered and it’s super comfortable check it out at HTTP://perfectchair.com Workstation is delayed due to some modifications I wanted to make. I'll let you know when it gets delivered and I can spend more time on the site. Physically it's been hard to sit at my desk for any length of time.
    1 point
  40. It's interesting how the different VA offices handles things. Years ago, I accidently destroyed my C PAP machine, and I contacted my sleep clinic and they scheduled me an appointment the very next day to come in and pick up my new machine.
    1 point
  41. Well, I got lucky. I still didnt and couldn't work for about 3 more years- then I worked in a library in the stacks part time for 2 years, no people, just books. When I applied for the VA opening it was right as COVID was ramping up, so by the time I was hired they were all remote anyway. At this point ive trained and worked from day 1 remotely, which usually can't apply for until you've been in grade for at least a year AND you have to basically ace your reviews and metrics, and knowledge stuff. Im more worried about when they make us go BACK to the office because then Ill have to apply for remote just like anyone else, and the only reason (well, a big contributor) ive been really successful at this job and been promoted once already is because I can work within my comfort sphere at home. My distractions are comfortable ones that I can control, and If I need to step away for an hour and rest my brain, or my eyes, or just to ponder how evil people can be to each other I can. If I was actually in the office I couldn't do that, plus the constant minor hum and distraction of an office.
    1 point
  42. The 100% schedular is more of a benefit in some ways, though- if you take up a hobby that makes money you don't have to worry about looking over your shoulder and calculating yearly income amounts with scheduler. What should happen is that your 100%S would go back to whatever your TDIU date might have been- ultimately its the same claim in that the onset of the TDIU would basically = 100% anyway. The onset would be the same.
    1 point
  43. As @Broncosaid, If the VA grants you the 100% scheduler, you can still appeal the TDIU to get any retro. If you already meet the TDIU criteria, then you can appeal to the BVA. The VA is famous for granting a veterans claim based on a C & P exam and fail to acknowledge the veteran's claim date.
    1 point
  44. Foxhound, I hope you are correct but getting an additional 30%-40% will not get you to 100% scheduler. Your rating would have to get to at least 95% for the VA to round up to get you the 100% rating. Most veterans don't understand that in order for the VA to grant a 100% rating it is actually harder to hit, 10%-40% won't do it has to be 50% for a single condition or a combination of new disabilities to get a 90% veteran to 100% scheduler.
    1 point
  45. No. Just because you are SC for ______ in no way guarantees you will be listed as secondary for _____. "Even when" causal studies show a correlation to the 2, you probably did not participate in the study, so you have to show that SC condition A, led to condition b, an opinion made by your doctor. Example: Its well known that diabetes often leads to peripheral neuropathy. So, if you are SC for diabetes, and have PN, you "still" need a medical opinion YOUR PN was caused by YOUR diabetes. You dont get a "free pass" just because science shows a link. There are other things which could cause your PN, and only your doctor can rule them out and offer a medical opinion YOUr PN is at least as likely as not related to your PN. There have been studies of a link between PTSD and sleep apnea, but the "only known cause" of PTSD, for sure, is applying for VA benefits. As Berta explained, if you did not have PTSD before applying, and appealing, you will have it when you are finally done. VA does not seem to understand that delays, denials, and lowballs, "mess with our future, our past, and our present". Yea..it should be easy. Get Caluza's and get SC. NOPE. Our records are often incomplete, missing all together, or inaccurate such as not showing a stressor. In battle or even in regular military, you really never know when you go to the doc, if HE thinks its important enough to write it down on your record. Ditto for your supervisor (sargent, master sargent, Chief Petty Officer, etc). Documenting your PTSD is not a priority. In fact, he may even try to cover it up, since it may well "make HIM look bad". In other words, if a stressor happened to you, why did your supervisor not keep you out of that situation? If you got shot, why didnt he make you stay down? Why did he put you in a position to get shot? Given the person often has a conflict of interest with keeping your records detailed and complete, it often does not happen. Example: Alex was shot and wounded in Vietnam. The VA said there was no record of him even serving in Vietnam. It took years for him to prove it. The pilot who lifted him out of there was killed a short time later, and he isnt writing buddy letters. His GSW was treated in a private hospital, which shut down and there are no records of treatment for his GSW. Obviously, Vietnam is not the only place where you can get shot. Chicago, for example, has 4000 shootings per year, and it has the strictest gun control laws in America. You have to demonstrate (prove) the scar came from Vietnam, and not from Chicago. Or, by teaching school somewhere.
    1 point
  46. You could do either but most would just use one. The thing you want to remember is you served, you deserve. Keep on working your claim. Get the disability rating. As you get older, often an approved/granted service connected disability can result in a path to get other disabilities added as secondary. I can't emphasize enough the importance of the audiologist's IMO/dbq. Think "...at least as likely as not."
    1 point
  47. I WOULD SAY 70% , DID HE CHECK THE BOX THAT SAYS Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. IF THE EXAMINER CHECKED THIS ABOVE YOU SHOULD GET A 100% RATING
    1 point
  48. After my heart attack, but brain doesn't work the same. However, I looked up the regulation on double-dipping concurrent payments for spouses and found they are allowed. See both of these regulations: https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=5f6d7adbb6a68e4712625f2c90e8610b&ty=HTML&h=L&mc=true&r=SECTION&n=se38.2.21_13023 https://www.ecfr.gov/cgi-bin/text-idx?node=pt38.1.3&rgn=div5#se38.1.3_1707
    1 point
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