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Showing content with the highest reputation since 05/20/2018 in all areas

  1. 3 points
    Thank you Hollie- I would not have the knowledge I have except the VA screwed up every single claim I had, and even my veteran daughter's one and only DEA claim ( which Mommy fixed in a heartbeat and that only took three weeks. My husband had no problem at all getting 30% SC PTSD 1983. But that went fast because the head of Newark Psyche dept VA, wrote a buddy statement immediately for him ( he was incountry as a psyche treating Marines who had done a horrific "volunteer" job in Vietnam and managed to get that specific stressor out of my husband who was waiting at the VA to be arrested. (long story there he he) No arrest, they filed his claim the same day and told him he had PTSD. Whe he asked what it was they told him to go to a Vet Centerr- he thought he was the only Vietnam vet who came back "crazy" (his words) . Va started to screw around with his 2 claims,pending when he died. I inherited that stuff and their attempts failed. One beautiful October day 23 years ago, which seemed like a normal day, he asked me to promise to continue to help vets and to go after the VA if they killed him---( he meant his pending 1151 claim)I said Honey I will do those things of course but the VA isn't going to kill anyone.....this was a few hours before he died, no warning at all ( diabetic pN) Sudden death syndrome..... I went into the barn yesterday and still seem to see him collapse there. FTCA settlement 1997 ( they did kill him) I also went to a Military school and graduated with Honors 2007 ( America Military University) because I needed to learn all the nuances of tactical warfare maneuvers - and battlefield command, and it sure has helped me here and personally to fight the VA's War of the Words. ( I was their only civilian and only Chap 35er at that point-VA paid for the whole 9 yards )and AMU accepted my prior college transcripts to them. ( I was Phi Theta Kappa) If the VA had not given my husband, our daughter and me as his survivor , so many problems, I would definitely not have the knowldge to be here. God rectifies bad events with Goodness and Wisdom
  2. 2 points
    Are you doing this DIY or are you using a POA-VSO? Sounds like you could use a well seasoned VSO-Rep. What type of SA have you been DX with, OSA, CSA or mixed MSA? Has any Sleep Specialist opined as to a possible Etiology of your SA? Is your BMI 27%++, neck 17 in++, Large Tongue, Large Abdomen? Are you using a POA_VSO or doing your Claims as a DIY project? Sounds like you could use the assistance of a Well Seasoned VSO-Rep, could help you get untwisted.
  3. 1 point
    I just looked at ebenefits this morning, nothing new. I just checked again . It says judge has made decision and we should be getting letter soon. This day marks the fiftyth anniversary of my husband leaving Vietnam!
  4. 1 point
    https://www.disabledveterans.org/2018/04/13/va-put-veterans-lives-risk-not-running-background-checks/ I think sometimes I gripe too much here about the way my husband died ( due to VA health care). Then I read something like this and feel I don’t gripe here enough- This article is old news- ( published May 2016)I just don’t have time this minute to find the latest tally on VA malpractice: In Part: “The number of legal settlements made by the Department of Veterans Affairs has more than tripled over the past five years largely due to a spike in medical malpractice cases and bungled construction projects, the Daily News has learned. The yearly total payments skyrocketed to $338 million in 2015 from $98 million in 2011, according to Treasury Department data obtained via a Freedom of Information Act request. The cases include multiple examples of blown diagnosis, botched procedures and substandard care, records show.” http://www.nydailynews.com/news/national/legal-settlements-veterans-affairs-triple-article-1.2654179 A more recent case is here: https://www.disabledveterans.org/2018/04/09/500000-settlement-veterans-affairs-allergic-reaction-medication/ and here: http://www.wric.com/news/8-investigates/veteran-settles-medical-malpractice-lawsuit-with-mcguire-va-medical-center_201803200219097/1059820257 Settlement $750,000 due to stroke during VA surgery- We had a new member here recently with a very similar event and I gave him a lot of info but he has not returned.... yet but maybe he didn't like my advice-to get an IMO/IME. What these malpractice figures do not account for is the amount of SC comp or DIC the VA pays out for malpractice. 1151 “as if SC” compensation is added to the total of all compensation in VA reports to Congress. I helped a friend get 100% 1151 comp and he has had that for 20 years….a tidy sum. I guess my point here is that many vets who feel their medical care is inappropriate, simply do not take the steps to find out whether it is or not. It takes getting an independent medical opinion, and if any malpractice occurred and is found to have caused significant other disabilities ( or death), there are plenty of lawyers on the internet who handle these types of cases filed against the VA. Veterans who have gone to the Federal District Courts either after a FTCA denial or after a refusal of the VA’s offer, have gotten more and even the VA itself has made very large payments: http://attorneyjonpowell.com/taking-on-the-va-a-1-million-settlement-against-all-odds/: Maybe the new Secretary will look into this issue. I have asked 3 Secretarys so far to do something about it, and the H VAC. The doctors who killed my husband were removed from one VAMC and sent to another. In the last VA death incident I know of locally, one doctor simply quit. If this doctor was charged under the NPDB mandate, for any settement with the survivors, there will be a public record of that and it will show up on a background check if they try to get another job as a physucian. However, part of my gripes to Congress included the fact that OGC does not aways honor the NPDB mandate ( in my FTCA case and other cases they didnt), so those doctors go on to practice on other VA patients and there is no way a background check would even reveal they committed malpractice during their VA employment.
  5. 1 point
    For some of us- I am a Gold Star spouse- Memorial Day can be difficult-but early this AM SSGT Johnny Joey Jones ( the double amputee - SE Asia-often on Fox News) reminded everyone that the 26 friends in his unit who died for us, would want us to celebrate all of our veterans this day, and be happy ,but yet never forget what Memorial Day is all about. It should be a 'happy' day because of the freedom that so many insured us all to have. I dont usually go to the local VA cemetery on Memorial Day-anymore - I had already been to their services and Fly over there many times- and it is Wonderful - the Bath NY VA is beautiful and the National Cemetery is stunning ----but I will go tomorrow, if not later today butwhen the crowd is gone. .I like to be alone when I go to my husband's grave. He is why I am here and why my daughter became the best Vietnamese linquist in USAF, when she served.(She went to Vietnam with two of our Presidents in support of the Secret Service.) Yesterday I took a brief local trip and was astonished at the many flags I saw on homes, businesses, telephone poles, everywhere-----this is rural NY and many dairies and potatoes farms, BUT also MANY veterans and many families with service members who have died ..... and many young local people just beginning their service to the great USA! It IS a "Happy" day! This is my front deck-the dish on the porch roof is how I get here ( Hughes Gen 4 Satelittle)
  6. 1 point
    But that was an error, because the reduction never occured. This is CUE I believe. This is also why you need a lawyer on this, because the VBA will more likely run this into the ground than admit its error after 10 years back pay due. If the initial appeal to the BVA was rejected, it needs to go to the CVA. That requires legal council. To put together a CUE that will get there, you need a proper legal pleading.
  7. 1 point
    You better check your Direct Deposit account for the Retro Deposit! Is your Bank/CU account set up to real-time text and email you regarding all financial transaction?
  8. 1 point
    Possibly not of use to OP, but in ref to the above quote from broncovet, I can say that I have recently (Feb) had VA fill a prescrip written & submitted by civ/non-VA doctor. It was my new pcp and the appt authorization was made through what remains of the Choice program. The doctor's office faxed the prescrip order, appt. summary, and Choice authorization documentation to the Regional VHA pharmacy, and in a few weeks the prescrip came in the mail. Though more likely than not the above wouldn't hold true if not for the doctor's appt. being authorized by/through Choice.
  9. 1 point
    J2, if the wheels fall off your car, the buses aren't running, Uber's shut down, you could go on your e-Ben site and file the Increase FDC today. Just logging in and beginning the CLAIM would get you in under the 06/01/2018 Filing Wire. If you don't have access to your E-Ben site, for whatever reason, just call your POA-VSO and request that they File for The Increase this afternoon, you don't have to be there, that's what the POA is all about.
  10. 1 point
    just completed c&p exam by ves..lasted 10 minutes, just asked a few questions...didn't directly say she would service connect but said diabetes is huge factor for ed. I field for ed secondary to service connected diabetes. .
  11. 1 point
    How about posting a redacted copy of your Rating Letter, all pages. The Rater's discussion regarding Rating Decisions, Authorities and Evidence Reviewed, would be very helpful. Are you working with a POA-VSO Rep or are did you do a DIY project? Might be prudent to have a sit-down with a POA-VSO Rep to discuss future moves. You may not be aware that the "Bilateral Rating with the 10% Factor" has been used to determine your CSC. As an illustration, your Bilateral hip SCs are respectively, 20% + 10%= 30% x10% = 3% + 30 = 33%. You won't see this figure on your Rating Letter. it would be in your C-File, that your POA-VSO could view and Print in his office.
  12. 1 point
    I feel the same way, but we have to work within the system otherwise we get no where
  13. 1 point
    Yes but in this example the pain is still not rated, the depression is......there should be a rating just for pain by itself especially when you have been diagnosed with a pain syndrome.
  14. 1 point
    @Vync, The ROM thing was always in my favor, but they denied anyways because of their whole deceiving mentality of pain not being disabling. So...hopefully the IMOs/DXs will be enough to convince them otherwise. Then...then the EEDs.
  15. 1 point
    @Andyman73 Don't forget the Deluca ruling ("painful motion = limited motion"). That's where they are supposed to take the ROM measurement from where pain begins, not max ROM. Unfortunately, the VA tends to only use ROM values collected during a medical examination, if you even went to a doctor. I had my share of flare ups where my ROM was even worse, but I just took medication and rode it out from home. I'm glad the new ruling considers pain itself as a disabling condition. That's a good idea. I just hope we can get EEDs back to when we originally filed and were denied.
  16. 1 point
    JD, how long have you been 100% T & P? Are we taking 100% CSC or IU? Risk Vs Reward, what do you believe the back Rating is Worth, Comp % wise? Is there any Evidence in your VMC Med Recs that would indicate improvement in any of your currently SC'd conditions? Is SMC S on the Table?
  17. 1 point
    If you have an IMO for each condition, that should be very helpful. Asthma and SA sound plausible due to your exposure to the burn pits. For asthma, the ratings are based on the type of medication treatment or FEV1%. Just keep in mind that they are both respiratory ratings. For purposes of your combined rating %, they will use the higher % of the two. An ED claim secondary to PTSD makes sense. The psychotropic medications given to treat PTSD have a known side effect of ED. If they denied an ED claim, it might be worth it to get an IMO (if it is not listed in your records already). Keep in mind, a successful ED claim typically results in an SMK-K award (a bit over $100/month) and is not added to your combined rating.
  18. 1 point
    Do you have an EBenefits account? If not, you should do that first. You need to see enrollment at the VA to get ID verified to get an advanced account the allows you access to claims and appeals info. NOD should not take longer than 13/14 months. They are strange, sometimes they are done in 3, others much longer. to get up to date info on the NOD call 800-827-1000 for claims info
  19. 1 point
    I think I will wait. I am at 100% but just barely. I have service connected neuropathy in my arms and legs. The pain originates from there and is documented. I know that it will open up all of my other conditions but they are all ten years except for my PTSD but my last C&P was pretty strong. I am also looking at getting my PTSD backdated. I have some serious thinking to do.
  20. 1 point
    Take a step back and ask yourself which is more important, your wife or your VA case. I know how easy it is to get balled up in your case and lose sight of what is more important. My discharge was illegal and I had to fight for retirement and then 35 years for VA benefits. Make the VA a hobby and stop being OCD on your case. See if the VA will provide marriage counseling for you and your wife or find it outside. Keep moving forward and find some enjoyment in life. I have been there.
  21. 1 point
    Just wanted to let everyone know that even though the examiner said I didn't have these conditions I was still granted them! This goes to show that even if you have a bad c&P exam its up to the rater.
  22. 1 point
  23. 1 point
    I'm sorry I didn't read this whole thread. I just went through this whole process. Just wanted to say what's as important as what happened is how it impacts you life today. I just wrote one page btw. as much detail as possible.
  24. 1 point
    Hello, @mstmale Any term is authorized by the credential person - giving the opinion - it appears in my layman's skill to mean - "very little records". Not a "sketchy" situation.... I did my own mst claim - I understand your anxiety about the statement. My opinion, cannot single one line out- rather reading the entire exam for context.
  25. 1 point
    Yes, that is the benefit of a Remand but many vets ,after years at the point in the system, fail to do that Buck....to send the BVA more evidence...when they get that letter...unless the remand actually covered something new.that the veteran had brought up..... If they need an IMO/IME, or a buddy statement, or the RO has made a detrimental error in the SOC/SSOC that got them to the BVA in the first place, whatever, they need to send the info to the BVA. I know 2 vets personally who would not act on a remand themselves. One had no good evidence at all anyhow, on any of his issues, but one did...he finally took my advice on something, which only cost him a postage fee,(he mailed in the SF 180 but asked for his 201 file in addition to his med recs.... and Bingo the BVA awarded when he took what I found in his SMRs and 201 file -that he gave to his VA doctor,who promptly wrote a brief nexus rationale for his Bi Polar disability, that he sent right away to the BVA. The retro was just shy of 1/4 Million.From Zero NSC to 100% P & T with a Very favorable EED. The needles in the haystack CAN BE FOUND..if they are there. They take time and research legwork but that takes less time than calling Peggy or trying to figure out ebenefits every day...for years.

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