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  1. 5 points
    Sounds like Sgtwish is entitled to some extensive SMC. Eventually,when the PD involves the lower extremity balance, you begin falling down. At that point most neurologists are willing to concede you have effectively lost the use of your lower extremities. If the shakes in the hands prevent most use functions like eating, taking medication, etc. you would require the aid and attendance of another. With those two "conditions", you would be entitled to SMC R1 At $7,896/month. I just got a Vet that last month. Especially if VA has all the records at the VAMC.
  2. 4 points
    Geeky, this is a White House call if I ever heard one. I would have lost it half way thru. Un believable!!!
  3. 2 points
    File an Extraordinary Writ of Mandamus at the CAVC. Free. It takes 45 days for the Court to whip the OGC into giving you a copy. About two weeks after the Judge gives them 30 days to poop or get off the pot, they'll say " Your Honor, we're mystified as to what the bitch is here. We gave his complete c-file records to him almost two weeks ago. Here's the certified mail receipt with his signature on it. We move for denial of the Writ." Here's a link to 64 articles I've written over the years and includes Ex Writs I've filed for myself (4) and for a client (2). I've also included some really interesting Ex Writs of other friends and neighbors. It'll give you the basics of how. When you file an Ex Writ, you are not the movant, claimant or appellant. You are the Petitioner. Always speak of yourself in the third person- i.e. "Petitioner begs the Court to..." By way of explanation, a movant is one who files a Motion to Revise (CUE claim). https://asknod.org/category/extraordinary-writs-of-mandamus/page/1/ On the other hand, you really only need to use the Court's informal claim process. Unless you have over $2 million stashed in a Swiss bank or the Cayman Islands, it's free. http://www.uscourts.cavc.gov/documents/Rules_of_Practice_and_Procedure_effective_Sept_15_2011_-_Form_4.pdf You can use regular stationary and ask (in simple language) the Court to make the Secretary give you your c-file. Since the Court has never set eyes on it-or you, you will need to send them all copies of any previous correspondence asking for the file. The Court likes it when you have a good paper trail. This also gets the OGC all in a dither and they start trying to get that claims file out to you lickity spit before the Court grants the Ex Writ. By way of explanation, only 11 people have won a Writ since 1990. A word of warning. Never get involved with the OIG. They'll be spending more time looking in your underwear than the bad guys'. Normal turnaround for me on a c file is about three months from the RMC. However, within 30 days of my filing the 21-22a POA for representation, I can see it all on VBMS with no restrictions. For some silly reason, VA gave me a Level 6 access instead of a 4 or 5. It lets me review all the HIPPA stuff unredacted like Psychiatric records. Shoot, I can even look at my own c file! That's a MegaBozo no-no at VA. If you're a VA employee, your VSO or attorney has to be in another state!
  4. 2 points
  5. 2 points
    When I am explaining using a lawyer, I often say this when it fits. "Look, I have a cookie jar here and I will give you a choice. You can have the whole jar, but just the jar, no cookies in it, or, you can have the cookie jar with 80% of the cookies still in it. Your choice.You can do the claim yourself and maybe because it is complicated, you lose, or, you can get someone (lawyer that knows what they are doing)to do it." If it is a complicated case, or the veteran doesn't have the ability to do it, they usually figure it out. Some people just want you to do everything for them, and they can just sit back. Others though just don't have a chance to make it happen if they try themselves. Those are the ones you should be recommending the lawyer to, because if they can't put the initial claim together, then they are even less likely to make the appeal right. IMO.
  6. 2 points
    First thing is take a deep breath. The chances that you will see anyone that really cares is very remote. If it is for a regularly scheduled exam, you need to find out why. I have to drive an hour and a half to mine, and I know that isn't anything for some veterans. I alway check on ebenies to make sure the day of my scheduled appointments. You can also sign up for automatic reminders, text, email and snail mail. Communication with veterans is not a strong point with the VA. It could have been rescheduled, not cancelled so you have to get some answers. Now, if it was for a C&P, then you really have to find out why. If you were rescheduled, it would be difficult to make an appointment you don't know about.You can start by calling the dept. you have the appointment with, but if not known, or you could call Peggy, because whoever you try to get an answer from first is going to hand you off to someone else. And, if you are service connected for 30% or more, I would put in for the mileage; don't know if they would sign off on it, but just to make your point. But don't get too cranked up; it just is going to make it worse for yourself. You can express your dissatisfaction without losing it for something like this.
  7. 2 points
    I cannot possibly comment on this without reading the actual decision.And the Evidence list . Yes it is definitely too long. Carlie, before she died, was trying to prepare a CUE on a past decision she got and became overly bogged down by it all. I do feel citations and even M21-1MR excerpts are often appropriate to send to them- but often they are not needed at all. But I recall that kanewnut DID have a good letter from Voc Rehab- it is in one of his past posts. If they failed to consider that letter it would be a CUE under 38 CFR 4.6. Also Motions to Revise are only appropriate for BVA decisions. Is this a BVA decision or a RO decision? There are countless templates here for RO CUEs. Many of them are from my CUEs. I never filed a Motion to revise at the BVA. The ROs make far more legal errors than the BVA does.
  8. 2 points
    Preach on, that. Im P/T for MH (MD, as he puts it) along with physical issues. My lower back nerve damage at 42 is bad enough to cause constant continuous pain and discomfort/neuropathy, but not in a safe enough location to warrant operating because if they screw it up ill be using Big Boy depends for the rest of my life, among other things, not just the shields I use now. That bit that Martin Riggs from "Lethal Weapon" says to Murtaugh about having to think of a reason every single day to get up? Yeah, its kinda like that. I really hope, Paul, that you reach out when it gets like that to the rest of us, or the phone line, or a friend, or whatever you gotta do to help get you around those.
  9. 2 points
    I'm not sure, but it apparently only happened to good (looking) people, so that why we had problems!
  10. 2 points
    If it exists, it is probably in your claims file at the VARO, not locally. If your local rep is accredited, he may have access to VBMS. I'm not certain if that includes access to your claims file. Start by requesting a copy of your claims file from the VARO. You can also go and view it in person, but many want you schedule an appointment vs. just showing up unannounced. CUE requests are pretty strict. You have to show black and white evidence which contains no grey area. Either the TMJ C&P appointment letter is in your file or it is not. If present, the VA will assume the presumption of regularity applies. That means government employees are assumed to have done their job properly (i.e. letter present in your file means it was a copy of what they sent). However, if it is not present in your file, you might have a CUE. You could also just file a claim to get it SC. You have evidence of the accident and follow up care in your service treatment records. As long as you have a current diagnosis, the C&P doc would probably have no problem granting SC. Once SC, you can file a supplemental claim requesting an earlier EED based on when you initially filed. Given the duration of time since then, you can expect the VA to try to fight it. I'm not a CUE expert, but am learning. I hope this helps!
  11. 2 points
    Fantastic; sounds great. Not to be a wet blanket, trust but verify! (Ebenefits?) Since we are talking about the VA, trust is kinda hard. So great news, but see it in your decision letter.
  12. 1 point
    Another possibility: did you put in for travel reimbursement, since it was for a C&P exam? If so, you have proof .
  13. 1 point
    I know we have to file by a certain day of the year the first time and then they send us a renewal now every year in our county, I would call the county appraisers office and find out what you need to do.
  14. 1 point
    Ebenifits doesn't list aid and attendance in the service connected disability list ...you have to look under additional benefits .. if it was granted it will be the first thing listed in the listing...
  15. 1 point
    make sure you log out so your wife doesn't read that LOL
  16. 1 point
    welcome @MAC64 First and foremost to understand your situation properly more information is needed. To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs . Cover your personal identifying data thoroughly. simple black marker doesn't work.. heavy sharpie or scan doc and redact using Word or PDF editing software. CUE is a Clear and Unmistakable Error that has to be attacked using Law instead of just a difference in opinion or diagnosis. Without seeing those docs I cannot say if CUE is probable but you should have a New and Material Claim. The dates are important, and if the STR's were in place when the denial C&P occurred and the VA overlooked them then they are "new" and they are "material" to the denial.
  17. 1 point
    Not only did the RO do so but it is on intent. And if you have to ask a question, not knowing the answer before hand, then the answer is yes, for that as it was shown there is a system before you started and hit start game--The Legend of Zelda. For that "first impressions matter" and on the spot are granted to proceed. For that most submit claims are blank "book reports." Remember doing book reports in school, this is the same exact thing. What you originally did was turned in a blank book report and expected to get an A from the teacher who isn't even in the class room as it was shown in the movie Real Genius, watch the film. My original claim the C&P doctor said I had GWS but didnt sign the DBQ and I moved on with my life, and now after lawyered up, my lawyer and I are fighting this. Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.
  18. 1 point
    I have to respectfully disagree, if I would have followed this advice verbatim I would not have filed my CUE and won it. Even though a decision may be "ripe" for appeal, if an individual feels like an error has been made, it would be wise and logical to file a CUE or as @GeekySquid stated do both, an Appeal and Cue once you have it perfected. Good luck at @kanewnut, crossing my fingers for you.
  19. 1 point
    This is my opinion; I don't think there is only one answer, so this is mine. If the examiner does bring up alcohol consumption, come clean. Tell them 10 beers. I would be proactive and say that during a previous exam you were asked and tell them that you had cut back for a few days going into the exam but that didn't last long, and now you are back to your old excesses. That way you would be trying to deflect the decision that you lied to them during exams. Look, you have a major problem with drinking. If you did get a reduction in your rating because you no longer drink, believe me, it would be a high price to pay but worth it. You are ruining your health because self medication is an easy way out. Many on here have been there, done that. Most of us will tell you it is not the answer and the sooner you get help with that, the better chance you will have with success with your other therapy.
  20. 1 point
    Systemic Therapy: Any treatment that is injected, or taken by mouth, through the nose, or anally. This includes, but is not limited to, corticosteroides, phototherapy, retinoids, biologics, photochemotherapy, PUVA, and other immunospuppressive drugs. Constant/near constant relates to how often the systemic therapy is administered.
  21. 1 point
    Go by the date you submitted your claim i.e., the day after you got out. The December 1 date is the date a COLA increase was granted and therefor is the date of your current monthly payment.
  22. 1 point
    Mieka , I realized I had commented to you in my word program but never posted the reply here: https://community.hadit.com/topic/75371-senior-reviewer/page/2/?_fromLogin=1 And here: By all means if you feel the evidence would warrant a better EED on the CUE award, definitely file a CUE on the award. I have a EED CUE pending on an Award of a CUE. Their EED error is ridiculous. I moved this all into the CUE forum. Easier to find.
  23. 1 point
    Berta straightened me out about the Motion to Revise being for a BVA decision, which this is not. This has already been done and was promptly denied. The rest of it states "Additionally, the evidence of record does not show that you terminated your employment due to your service connected disabilities." I certainly appreciate all the help you give veterans. I read all you post and have been working back through all of the Asknod.org website posts. But I must respectfully disagree with some of your posts. For instance - There's something we are not seeing here. If he was was 70% solely for TDIU, this would be a slam dunk. My suspicion is that Dawsonatl has a combined rating of 70% with no single rating over 40%. That would be the only rational explanation for the denial. No one in the Ratings/Appeals section could make that basic an error - even with the screwed up M 21 manual. I am sorry but they do, and it appears they do it all the time. This is from Dawsonatl - UPDATE JULY 25, 2019: A little over 3 weeks of sending off my CUE claim I found out today that my claim for 100% TDIU was..APPROVED! A very satisfying and relieving day for me. To all those who provided their insights and input, especially Berta and notably GeekySquid; I can't thank you enough and I appreciate all the advice that you took time out of your day to give.
  24. 1 point
    I was on this path for 2 years fighting to separate them. There is nothing you can do I know allot of people will say yes you can or actually have them separate due to each being low percentage. But like in my case their doctors separated the symptoms of each my TBI and PTSD and also assigned a percentage to each 70% TBI and 30% PTSD but they decided that if it’s combined residuals of a tbi with PTSD symptoms assigned it 100% P and T rating. I have multiple other disabilities that would put me at 100% but the P and T apparently is better and requires no more exams. So I’m done fighting wasting my families time and life. What’s your endgame goal?
  25. 1 point
    That would really fry my a**, if attorney sold me out. I know there are good attorneys and there are some bad ones, too. These VA cases take so long and have so much impact on our lives that it magnifies their actions. Hopefully, I have a good attorney. He supposedly worked at the BVA at one point in time and is a member of NOVA? In 3 years I haven't talked to him -- only the 4 different case managers I've had. VA law seems to be quite different.
  26. 1 point
    that will be rich if complaining to the FOIA Director will over rule Denials, bogus or not, on FOIA requests. That director will soon have to change her phone number.
  27. 1 point
    First of all, don't trust ebennies; it can be wrong or not be updated. You have to see what the decision letter says. But if it is rated at 10%, I think they are using diagnostic code 6204,which is NOT Menieres disease. For MD, code 6205, it give ratings of 30, 60, and 100%. Check the codes and see if you meet those symptoms. Then check the C&P exam, and see if those symptoms are called out. The test for MD is quite pronounced; you just about have to stand on your head for them to diagnose, so if you didn't get that test, you won't get that rating. It wouldn't be a surprise if they low-balled you.The VA should have tested you for MD as well as the more common hearing problem.
  28. 1 point
    I checked e-benefits today and I went from the Gathering Dust phase to PREPARATION FOR DECISION. I was some comfortable complaining about the Gathering Dust phase that the movement to PREP is feeling almost scary. Interesting that the VA just figured out that they forgot to include hypertension in my C&P last year and sent me a letter last week to report for another C&P this week to take my BP. Driving 2.5 hours to take a BP measurement is really absurd when I have a clinic 10 minutes from my house. On Wednesday I checked e-benefits to see if anything had changed. At that point still gathering military dust. Just needed to spout off and perhaps some emotional support. Been at this claim for about 20 months now. It was finally farmed out from Cleveland to Fargo and has moved rather quickly since Fargo has been on it. They called to ask some questions about the unemployability. Figured out what was missing and holding up the claim.
  29. 1 point
    I believe what Asknod/Alex is saying is only 11 won the writ process because the action was completed before it actually go to the judge i.e. no longer necessary because the deed was done.
  30. 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.....
  31. 1 point
    Wow I am so sorry this happened to you! This is just trying to make you fail at everything. These three did not want to help in any way shape or form.
  32. 1 point
    Well considering these people are contracted they are likely the lowest bid too, so this doesn't surprise me. I have dealt with this company 3-4 times in the past, for me the worse thing about them is its almost impossible if not impossible to get a copy of the C/P exam. I requested copies of two exams that took place in January here it is August and I still don't have then.
  33. 1 point
    Way too early for me to be typing on here... LOL, Hamslice
  34. 1 point
    I filed an FDC on 28 Feb 2019. I just had my C&P yesterday. The doctor spent five minutes with me and said he cannot predict what the rater will do but my contention of ED is obvious due to my meds for SC conditions.
  35. 1 point
    It is a procedural VA step. One possibility, and I am not saying it applies in your case, the amount of monetary settlement has to go thru levels based on total value. But there certainly other reasons why signatures are required. It does seem that you are getting close to closure though.
  36. 1 point
    Hollie, I can relate to the nerves being destroyed. I have neuropathy in all four extremities. I can also tell you that Prednisone and other medications are a nasty way to be treated. They are a life saver but they do take their toll. I was on Prednisone for about a year and on another medication for about a year. I cannot remember the second medication. I have had two good friends that suffered MS. Stay cool and keep on marching.
  37. 1 point
    I couldn't find a connection, but it isn't what we think, on secondaries, it is what you can get from a doctor that connects them. But looking at it from another point of view, I assume with COPD, you have taken some heavy duty drugs prescribed by the VA. What I would explore is going thru all of your prescribed meds and looking at their warnings. You have taken some droids for your breathing, look them up and see what the issues are with them. If you are prescribed a med and that med in turn ends up a secondary condition, you get a nexus to connect. Many veterans seem to overlook the meds caused problems.
  38. 1 point
    Still moving along and trying to help.
  39. 1 point
    Vetquest was in the system 35 years b4 he got 100% P&T. And he was 56 years old when he got it. Didn't he admit recently he is only 60 years old??? I always said the Marines take 'em pretty young!
  40. 1 point
    I have a C&P tomorrow, and honestly am terrified. my anxiety, for the last few days, has gone through the roof contemplating the exam. When I'm like this, I get so freaked out, I can't think straight and freeze up. I can't express what i need to explain to the examiner about the symptoms i deal with on a daily basis. My question is, are we allowed to write statements on what you experience ?, that way I can at least rest knowing that I said everything that i need to say, without being under stress and anxiety so much. Also, is it a good idea to bring a copy of your C-file for their review ? Has anyone had their C&P for PTSD through QTC ? What was your experience ?, thank you .....
  41. 1 point
    Buck is spot on with this.. Learn what your benefits and limits are....like earning an income above poverty wages is a no no as TDIU. Keep working your claims.. if your conditions get worse file for increases. you may soon hit SCHEDULAR and then P&T... which is vastly better that TDIU for most veterans. I do hope @Tbird Creates a special "Cue Template" folder and pins yours to the top. Yes we have @Berta 's wonderful CUE Forum; many of her CUE Templates, this one from you and from various others should be grouped and pinned in a special collection ....at least in my opinion. Would make them easier to point to and find. I personally think you did an amazing job and the rapid turn around is a testament to how clear you made your arguments and how straight a path you led the VA reader down to the conclusion you wanted. I hope all vets find this thread and your CUE and remember to share it directly with all new posts about CUES.
  42. 1 point
    should those of us preparing to file a CUE going forward use the 526EZ and avoid this problem? not a refiling, but on first submission of a CUE.
  43. 1 point
    Both Shrek and Geeky are hitting on what is all important. When you are talking about homelessness, and especially if there is a child involved, it gets their attention. In Ct., they tout that the State is "basically free of homeless vets" (which is b s, but that is a subject for another time). So if you call the state dept. of veterans affairs, they call any service organization they know to help cover the situation. If they can't get something, by night time they will put you in a motel. They don't want to loose their "new-found status."
  44. 1 point
    @pyrotaz The very first thing you need to understand is a technical one. VA compensation is not like SS disability or getting payments from AFLAK or workmans comp. VA Compensation is the measure of how your circumstances impair the ability to earn an income (over marginal income) for an AVERAGE PERSON. You can be a neurosurgeon and you would evaluated on that AVERAGE PERSON criteria. Understanding that technical fact helps understand the rest of the C&P evaluation process. ----------- Beyond the above understanding------------------- If you are shaking when you arrive you can ask if your wife can be in the room. All they can say is no. If the doctor comments on the shaking, tell them flatly why you are shaking. If the doctor tries to engage you in social pleasantries, don't engage. If the say "how are you today" say scared shitless, angry, anxious, frustrated.. .whatever you are feeling. Do NOT say "It's a great day to be alive". If you feel distrust in the DR. say so. If you feel that exposing yourself will turn people against you or laugh at you, say so. If you feel shame (and you should not but it is common) say that. I cannot emphasize enough that you have to do two things at the same time. 1) BE HONEST! 2) Describe your WORST DAY(S) not your good days. DO NOT MINIMIZE your problems. Don't say " i have dealt with this fine on my own." you will talk yourself out of a rating or an appropriate higher rating. This is not a contradiction. They only know what you tell them and what they observe in the meeting. The reality that days can be good and then swing bad cannot really be seen in the moment. So deal only with your WORST moments as if they are today. Read the DBQs and the rating tables for PTSD and MST!!!!! don't try and say those words exactly ( it will make you sound fake and rehearsed), but understand that the doctor has to hear you and make connections to those words. Each category is NOT exact. You don't have to have every condition outlined in the rating tables. There are many analogous situations and diagnosis for each specific item listed. you can have 3 from column A, 2 from Column B and none from Column C, but they all can add up to a higher rating What you have to show is social and employment impairment. The more impaired you are, particularly in employment, the higher rating you are consider for. The rater makes that decision NOT the Dr. understand what having a flat affect means. If you have night terrors and have peed the bed, say so and say how often. If you have ED tell the doc you have it and describe your intimacy problems. Are you incontinent during the day or night? use pads? tell the doc what situations make you leak. Yes I know how uncomfortable those conversations are, but ptsd has many secondary conditions, including ED and bladder issues. bringing them up in this initial C&P can help you get a higher rating or exams for those problems. You want those exams. Your exam needs to tell a compelling story of why and how your in service nexus events have harmed your life and income. Understand that saying 'i get mad at coworkers" is not going to get you a rating for impaired employment. Saying Yesterday I tipped over my desk and stormed out because a coworker was whistling and would not stop gives a much better description of the workplace problems (assuming you did that of course). Do you cause confrontations? are unwilling to be alone in a room with people similar to your attacker? do you have flashbacks to the events? do you run from things, metaphorically, physically, emotionally or intellectually? have you been arrested or detained for anger? have the cops been called to your home for a domestic situation? i am not being personal, I am pointing out possible scenarios that the doctor needs to know. I will give you a personal example. I am 100% PTSD P&T. One of my conditions is that I can go to a steakhouse today, and the smell of cooking meat will be delicious, tomorrow I can walk by a burger joint and the smell of cooking meat will make be vomit and run away. This happens in the grocery store and at home. I cannot tell you how much meat I have thrown away. The social impairment is obvious, but work wise this has happened at company meetings, trade shows, luncheons, dinners, award events and even in the air traveling to Europe with a group up C-Suite executives on the company jet. The Dr would not know that unless I described it too him to demonstrate the work impairment. If talking about these things frustrates you, DON"T HIDE IT. Don't attack the Dr, but don't try and pretend you are nifty with the situation and having to disclose this stuff to another human. Don't say "Talking about it has helped me". for gods sake don't say that!!! EVER!!!! Are you or do you suspect you are Bi Polar? Manic? Chronically depressed? these are all common to PTSD. So are drug use/abuse and alcohol abuse. I will also suggest you look at the letter (or online website) for the C&P Doctors Credentials. This is so important these days. The letter should say what type of Dr they are, where they went to school, how long they have practiced medicine, and what type of C&P's they are certified to do. It is a sad fact the VA contractors are often not qualified in appropriate areas that we are being evaluated for. Make sure you KNOW THIS as it affects what you need to do if you have to file a NOD after the rating results are delivered. When you leave the session, have a tape recorder at hand with a long battery life. Dump all your observations about the exam, the questions and the doctor onto that tape. Then go home and type it up and email it to yourself. You will then create what is called a contemporaneous record of the events. Store them both in a cloud account and or a safe. Humans have selective memory and waiting to write down or record information will frequently change what our perceptions were and what actually happened or was felt/heard in the moment. Sorry about the long post and I know it may seem a bit dry and unsympathetic. It is not meant to convey that, but you need to know what is happening and there is no touchy feely way to say it that I have ever come up with. Tell the truth, be honest, describe your worst days not your best day or today (unless today is your worst day) and you will make it through. I can promise you the next one, and there will likely be other exams, will be slightly less fear inducing. Keep coming here, venting, asking questions, developing a support system . We are all veterans and are here because of our own problems. We support each other, even when we disagree on some topics. There is no shame here, no condemnation. We won't ask personal details and you can share as much or as little as you like. Let us know what happens after the C&P. and after the rating decision.
  45. 1 point
    I would suggest looking up the different 38 CFR regs and copying them directly from that source. I just copied the relevant part and not the whole reg. I don't want that to cause you a problem. I second the different text.
  46. 1 point
    Yippee! from above M21 link: "d. Rejecting Medical Evidence Unless the historical facts upon which a medical conclusion is based are dubious or untenable, reject medical evidence only on the basis of other medical evidence. The RSVR may not rely upon his/her own unsubstantiated medical conclusions to reject expert medical evidence provided by the claimant. Reference: For more information on the basis for rejecting medical evidence, see • Shipwash v. Brown, 8 Vet. App. 218, (1995), and • Colvin v. Derwinski, Vet. App. 175 (1991)." You can add this as an additional CUE: Violation of M21-MR Part III, Subpart iv, Chapter 5, and what I have done is attach and refer them to a printout of the Actual M21-1MR above highlighting the part I quoted. I did that for my SMC CUE.
  47. 1 point
    Switched back to Viagra as their VA ED RX formulary back in 13 or 14. If one gives use a problem, Secure Msg your VA PCP, they'd let you take a run at the Cialis. You never got more than, as I recall (2) large Pills that needed to be split. PCP could refer you to the VMC Urologist to address trying the Vac Pump or Suppository you use for the private Insertion that worked but seems to lite you and your friend/wife on a bit of a burn sensation. Remember, if it last past the 2/4 hrs, you THE MAN! The VA has decided that you only need to get your ashes hauled 4 times per month.
  48. 1 point
    Navy04: Obviously at 100% you must have done the right things to get where you are at 100%? For me, I'm just hoping that I don't have to go thru years of NODs, DRO Reviews and Appeals to get my ratings sraight? I have 22 contentions but turned in 13 good DBQ's which should help? So far, I've had 4 C&P's completed on this first FDC and it looks like I'm still on track with the FDC? I'd just like to know in terms of disability claims workload if it's more workload for a rater to either approve or deny a claim? I know to deny, they will argue/make the case a vet does not have the evidence and/or nexus to show the service connection? But to approve and establish a service connection, the rater would have to list all of the evidence-I think? But, I don't have enough claims experience at this point to fully understand what a rater does completely? I know VBMS now is suppossed to have more drop down menu's to make it easier to arrive at final ratings decisions? I also know that they make their ratings case, then someone else reviews it to ensure that they have considered eveything? But, interms of evidence, how would someone know that "all" of their evidence was ever reviewed? Im sure if a vets get ths outcome they desire in terms of a rating percentage, it would seem probable that all of the evidence was reviewed? I'm concerned beause a lot of my evidence are handwritten SMR's and they are not easy for raters to read and review? But like you said, you've had to provide evidence over and over again to ensure all of it gets reviewed at some point? I submitted the same evidence again with some of my CP but it was clear from the right ups that the Docs did not review all of the evidence that was provided? I figured at some point, if the CP Doc misses it that the secondary claims review would show that the evidence was there and had to at least be considered at the "final review".
  49. 1 point
    Jessie, I have been thinking more about your sons claim. There might be a shot at taking the blood study that was done at the time of discharge to a specialist and having him write a report that the test results are consistant with the onset of PV. Additionally, there is no known cure. This is essentially what I did on my angioedema claim and it worked for me. This would establish onset while serving in the armed forces. Whether or not it was caused by JP fuel is no longer an issue. The VA would have to show a perponderance of evidence or even clear and convincing evidence that the condition was caused by factors after service. That will be very difficult for the VA to prove. My claim was essentially a slam dunk. It still took seven + years to get service connected. The VA appears to show resistence to chemically based claims. Did you check out the link to Metzger Law link that I posted earlier?
  50. 0 points
    Multiple Sclerosis (MS) is thought to be an autoimmune disease of the central, peripheral, and autonomic nervous systems. It is treated by neurologists. For acute exacerbations the first line of treatment is methylprednisolone via an IV at the ER. This course of treatment is usually followed by a two week Prednisone pill regimen that begins with a high dose and is slowly tapered down over the course of two weeks. If one is not stabilized by then, other steroid pills (Dexomethoprednisone) are used. The treatment is very rough on a human body. All these steroids have an effect on your adrenal glands and the cumulative effects are, in some people, cataracts. When I was diagnosed approximately twenty years ago I did not appear ill but in fact I was very ill. A definite diagnosis is through a neurological exam and MRI of the brain and or spinal cord. This disease is very insidious. This disease has been documented back to the 1300's and no researcher or doctor knows what causes it. My neurologist told me the fatty coating of the nerves is being destroyed by my own immune system, hence this being an autoimmune disease.
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