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  1. 2 points
    I mention here ,from time to time, the power of 38 CFR 4.6. I am putting this in the main forum because I think VA makes more CUEs regarding this regulation, then we know. One of the first things vet reps should look for in a denial, is whether the VCAA letter was correct (if that letter is detrimental to the claimant, it will surely become a lengthy BVA case, remand due to VCAA violation, ,and, back to BVA scenario ) VCAA letters are different fopr survivors then for veterans...I made that point here in past posts. and then whether the decision contains a CUE......do most vet reps really check those important points? “Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “ 38 CFR 4.6 A violation of this regulation can be a basis , within or out of the apellate period., for a valid CUE claim. I claimed CUE immediately under this regulation regarding my initial AO IHD decision and that CUE was fixed right away. The decision however contained another CUE which I have claim pending on. I was going over my pending CUE based on this regulation, (38 CFR 4.6 ) I almost forgot I had cited a BVA decision that ,because it is a legal decision and not medical, and explains what I mean.Also theBVA decision cited VA case law that I didnt have to reiterate. In part: "The veteran's assertion of CUE is based on VA's failure to consider highly relevant medical evidence, that is, the RO denied the existence of medical evidence that was clearly of record at the time of the rating decision. The Board is convinced that the RO committed error based on the record and the law that existed at the time the decision was made and had the error not been made, the outcome would have been manifestly different. Grover, supra. This error is significantly more than a disagreement as to how the facts were weighed or evaluated. Crippen, supra. Rather, it was a denial of the existence of facts of record. Moreover, a persuasive reason has been given as to why the error manifestly changed the outcome. This reason is that had the error not been made, a compensable rating for irritable bowel syndrome would have made effective the day following separation from active military service, rather than the day that a VA outpatient treatment report noted irritable bowel syndrome. This review for CUE is based solely on the evidence of record at the time of the February 2000 rating decision. Russell, supra. In conclusion, the veteran has shown that error occurred based on the record and the law that existed at the time the decision was made. After considering the evidence of record at the time of the June 1989 rating decision as well as the veteran's later testimony concerning VA's failure to observe that evidence, the Board finds that the veteran has demonstrated CUE in the February 2000 RO decision. An earlier effective date of October 29, 1989, for a 30 percent rating for irritable bowel syndrome must be granted." CONCLUSIONS OF LAW 1. The criteria for a 30 percent schedular rating for irritable bowel syndrome with gastroesophageal reflux are met. 38 U.S.C.A. §§ 1155, 5103, 5103A, 5107 (West 2002 & Supp. 2008); 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.3, 4.7, 4.10, 4.114, Diagnostic Code 7319 (2008)." http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp08/Files5/0844495.txt Evidence in the record at time of the alleged CUE decision, violation of basic VA case law,regarding evidence, in place at time of the past decision proof of a ratable condition at time of the alleged CUE decision, and a proven manifested and altered outcome...meaning more retro is due the vet (in this case back to the day after his discharge.....1989. I am glad I found that I had used this decision in my pending claim because maybe it will help others to understand how I have been successful with both types of CUE claims. But besides using this decision,in my claim, my evidence is relevant and probative and fits into the entire gamit of CUE regs, as above. It is evidence that was in VA's possession at time of alleged CUE decision, and ignored completely by the VA. The manifested outcome, I stated to VA, is 100% P & T ,1151for 16 additional months, due the veteran, plus one spouse, one child.Plus SMC S for those 16 months. This is also an example of why every surviving spouse should substitute themselves ASAP for any claims the veteran had pending at death. And aggressively fight over any decisions that contain CUE to their detriment.
  2. 2 points
    Im happy to tell you I have used hadit on all 3 operating systems with "virtually no" glitches. There is almost "no" differences in using hadit on Windows, Linux Mint, or Mac OS, but I do recommend you keep any operating sytstm you have "up to date". Windows calls them "updates" but they are often better referred to as "bug fixes". When a problem with windows occurs, and if Microsoft thinks its important enough, they fix it and call the fix an "update". That sounds better than a bug fix for Windows marketing. I have been on hadit with most versions of Windows, as I have been on hadit since 2007. Recently, because of security issues, I no longer use Windows as its like putting a sign on your yard, "Haack ME". Here is a big reason (only one of many): When you log on to Windows, the default is an "administrative preveledges". This is bad, because many times people dont even understand what administrative priveleges even are. When you are an administrator (as almost all Windows users are, unless you have a big company account where its been setup for you to have an non admin account, such as if you ge on at the library). So, your 13 year old daugheter gets on your computer, with admin priveledges, and she sees a cute popup for little emoji on her computer. She downloads it. Oh oh. She probably just installed a back door for hackers to steal your infor. Now lets change that to, say Linux mint. Each time I log on, I am not logging on as and administratior, but as a regular account without admin priveledges. So, my daughter goes on my machine and sees the little emoji and tries to download it. The computer will require MY admin password, which I have not given to my daughter, because, by default, I only get admin priveledges with the admi n password. My daughter says, "Gee daddy, I need something called the admin password to download this emoji program. No, I dont think so, honey. That . is a hacker trying to install a backdoor and you are not giving him permission to do so. This is one of may reasons both apple and linux are more secure than windows...administrative priveledges are NOT by default. If you wish to try Linux, you can download it for free, or order a dvd for nominal cost. (usually around $5). Linux is free, because the original author Linus Torvalds, gave it to the world as he felt that operating systems should be free and not a source of corporate profits.
  3. 2 points
    The best way to deal with a lousy C & P exam is what veterans do not often want to hear..... They need to get an Independent Medical Opinion from a doctor with enough expertise in the field of the disability to combat the faulty C & P exam. They must follow the IMO criteria here at hadit and attach a CV (Curriculum Vitae) and give a strong medical rationale..... I dont give advise on IMOs without having done that myself. My lay medical opinion and evidence was enough to win a FTCA case, but that is only because I dealt with OGC lawyers and VACO and these high level VA people can read.( and I was a very agressive claimant,keeping on my issues all the time ) In those days I could not find any IMo doctor or even any lawyer would would help me. But for my DMII AO claim I got 3 IMOs. 4 thousand for 2 of them and a freebee, and I knocked down their last C & P myself and sent my rebuttal to the BVA-and BVA concurred with me. I have not been able to comprehend WHY veterans have not fought aggressively against the VA's C & P system. It is an utter conflict of interest ( as they get paid by the VA) and of course their exam results are the basis of countless denials amd therefore a main reason for the backlog. As anyone can see by reading BVA awards (RO awards are not public), many denials are overturned by a Real 'non Va -doctor's opinion. Is that fair? Of course not because many of those opinions are very costly. But until vets themselves start complaining directly to Shulkin and Trump and the H/S veterans Affairs Committees and to any Congressman/woman or Senator who sits on those committees or the sub committees on Disability, the VA wil continue to deny claims, solely based on a VA medical opinion. When I knocked down the last posthumous C & P exam (which the BVA had ordered) The BVA had asked for a cardio opinion, and I then paid for another IMO, and stressed to the BVA in an immediate rebuttal, that the opinion was done by a PA and the BVA already knew ( from my past FTCA/1151 awards,) I knew more cardio than the PA did and that his opinion was too speculative. I didnt have the 4th IMO yet. Soon after sending my rebuttal to the BVA ,a big brown BVA envelope came and I firgured it belonged to someone else ( I had already received 2 decisions from BVA over the years and had to contact their POAs because the decision was not for my claim.One was an award but the other was a denial and I emailed the POA how they could fight the denial.) A few days later I finally opened the BVA envelope and was shocked because it was an award, for my AO DMII claim! I called the forensic firm who had sent my IMO stuff to their cardio doc and they refunded about half of my fee, because the IMO had not been prepared yet and I didnt need it. When will veterans ever unite and decide to do something serious about these lousy C & P exams??????
  4. 2 points
    We are all heroes my friend. We were lucky enough to survive. I applied back in 1997 when I was homeless and received a letter stating I had just received a Social Security Disability award. The letter stated from VA was that I was not entitled to a VA Disability Pension because they were both government programs and that I couldn't collect both at the same time. Fast forward 20 years later and it worked out for me. I got lucky. My Examiner was contracted with VA I believe only one day a week. Fridays. She was a good listener. And I had quite a lifetime story to tell. Plus a lot of proof of my medical issues since Vietnam. I just wish it had happened decades ago. Life would have been much easier for me. But i am not through yet. Hoping to catch Mom who passed on at 91.
  5. 1 point
    My advice is if you "have" a working bank account, update those details ASAP under ebenefits. If you dont have one, then you will have to receive your benefits via a check. Its always faster if you have electronic deposits, so put any "new" bank you have in the system. TRIPLE check your account numbers, then have your husband check it also. If you have one digit wrong, your money can wind up in Never never land.
  6. 1 point
    Yes, be honest. Have an answer to "How are you today?" "Fine" is probably not a good answer. Better is somthing like: "Much better today, after "Thursday's ordeal". Then tell him what happend on your worst day, "Thursday". Think about it. If you got in a fight with your wife on thursday, and the cops were called, then its not a good idea to tell him you feel great today, without telling him what happened on Thursday. If you just say you are "fine", then you will be backpedaling the whole time. To reiterate, dont lie, but do tell your worst day. If your worst day was last month, then so state.
  7. 1 point
    Nothing is brisker than 4 to 6 mos on an FDC Decision. It's your Claim, your Decision to send in more Evidence. You know the Risks of your FDC becoming a Reg A44 Claim which could take up to 18+ months for an Award/Denial Decision. Keep in mind, the Rating Dept has had your FDC for "X" months and you haven't been advised of the need for any Additional Supportive Evidence, correct? You really want to take a chance on derailing an about to be, Decision.
  8. 1 point
    Yes, you can file for TDIU while your claim for increase is pending, even if its in appeals. TDIU "is" an increase. You will want to file for TDIu on the applicable form, and send it to the evidence intake center.
  9. 1 point
    At 20% I dont see you getting IU bud. I would get new X rays and MRIs, and if the Results show that you have gotten worse, then you will be granted an increase. If C&P Doc says that it affects you working, then you would qualify for IU. Good luck and keep us posted. God Bless
  10. 1 point
    Good questions! When you applied for benefits, you likely signed a "consent form" for VA to "pull your records". However, this does not guarantee, they will "pull your records", they may or may not "miss records" you have. So, if you have evidence you find "compelling", there is nothing wrong with you submitting that also. If VA already has it, you have lost "nothing", but if they dont have it, you may have just saved yourself a lot of time, so there is no downside to submitting those records you find support your position. I think you should try to "get your hands" on that C and P exam. A c and p exam is not the best time to not want to tell the examiner all about your disabilities and expect benefits. While I can understand there are things we dont want to talk about, the bottom line is these things need to be documented IF you want benefits. The examiner wont read your mind. If it were me, this is what I would do. Again, I would try everything possible to get my hands on a copy of this exam report. To do this, go to your VAMC's "release of information" office and request it. There is a fair chance they will hand it to you right there. Then read the exam and see what, if any, of your symptoms are missing. You see, once service connected, you get a percentage rating based on your symptoms. And I will take the bold step to assume you will be SC since you have a VA diagnosis of PTSD (hopefully that is documented. If not its back to point zero). You also need to get your hands on your cfile and see what the rest of your records document. Remember, if its not "documented" in your file, it never happened. Remember that simple rule. Its all about documentation, and you have to check it to see if its correct and complete. If not, expect a denial or lowball rating, at best. Yes, you can "add your diagnosis from the VA of PTSD", and you may want to do just that, for reasons I stated above.
  11. 1 point
    This could help answer your individual question - along with other postings in this particular forum. http://helpdesk.newmobility.com/index.php?pg=kb.printer.friendly&id=76#p2984
  12. 1 point
    We dont know if you qualify for TDIU or not. The criteria is established in 4.16a and 4.16b (if you are eligible for extra schedular IU). So, a few questions, YOU need to answer: 1. Do you meet the criteria for 4.16a, that is, the minimum disability percentage requirements? 40/60 or 70. 2. If you dont meet the criteria for 4.16a, did the BVA decsion say you were eligible for 4.16b? Mine did. 3. Do you have, in your records, a doctor statement saying that you are unable to maintain SGE due to SC conditions? 4. You may also have to have a Voc Rehab assessment, that is an opinion by a voc rehab counselor that your sc conditions prevent SGE. A biggie here is "sedentary work". If you are SC for a "hip problem", does that mean you could sit at a desk and do sedentary work? (Of course, I dont know whether you could do that or not). If either a doctor or a voc rehab specialist opines you could do sedentary work, then you probably wont get TDIU, until/unless you get an IMO/IME refuting that opinion. 5. If you have not ordered your cfile to read for yourself all these things, you should do so and only then can you decide for yourself if you meet the criteria for TDIU. I agree that getting pension, then getting that sc is a big deal, and it may lead to TDIU. But you are not given a "pass" on the criteria, you still have to meet those above.
  13. 1 point
    This was sent to the VSO's and in my case, the AMVETS sent me a emai allert with the letter attached. The VA secretary signed it, so its good. Until its bad... Hamslice
  14. 1 point
    I don't think you can put on your wife's parents. I'd always urge to read the M21 yourself, as NOBODY has any idea about anything. I did ONE parental dependency the entire time i worked dependency. As you can see below, they change rules often. M21 gets confusing because it talks about DIC and pension as well, but I'm pretty sure, here. III.iii.5.I.1.a. Definition: Parent M21-1, Part III, Subpart iii, Chapter 5, Section J - Establishing Parental Dependency
  15. 1 point
    After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I hear various Senators pushing bill H.R.2288 - Veterans Appeals Improvement and Modernization Act of 2017. It passed the House and was headed for the Senate. It was to shorten the time period of between 5 and 10 years to one year for appeals. 470,000 appeals waiting for approval. I wrote back to Senator McCain and thanked him today. No reply necessary. https://www.congress.gov/bill/115th-congress/house-bill/2288?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1
  16. 1 point
    Post a Redacted copy of both the C & P DBQ and the Denial Letter. s Sometimes, things are much clearer than they first appear. Our Lay review of the C & P DBQ and the Rater's Denial Decision might might point you in the right direction. Has your husband been DX'd with COPD? Age and being a Heavy smoker virtually guarantee COPD symptoms and DX. COPD has a direct effect on METS. Semper Fi
  17. 1 point
    https://www.benefits.va.gov/benefits/derivative_sc.asp It shows additional benefits from 0 percent through 100 percent plus SMC S Housebound. Here is the one for 100 percent Vets, if you are not 100 percent, then you can look up yours: Service connected disability rating at 100% No cost health care and prescription medications Travel allowance for scheduled appointments for care at a VA medical facility or VA authorized health care facility No cost dental care Waiver of VA funding fee for home loan 10 point Veteran preference in federal hiring Direct hire authority Vocational Rehabilitation & Employment Additional compensation for eligible dependents (may include aid and attendance for eligible spouses) Concurrent receipt of military retired pay Dependents Education Assistance (must be considered permanent.) Special restorative training CHAMPVA–Civilian Health and Medical Program (must be considered permanent) Burial and plot allowance
  18. 1 point
    http://www.purpleheart.org/ServiceProgram/Training2012/10-M- SMC final.pdf and 38 USC 1114 (s)
  19. 1 point
    <<<<<<<<<<Does a CUE move faster?>>>>>>>>>>>>>>>>> Yes and no. A recent CUE is more likely granted- especially if it is a matter of case rather than controversy. CUE claims are assigned to the Appeals Team and a Coach who will be a GS -14 or higher in the newer segmented lanes model VA now employs.
  20. 1 point
    Thank you for that link- I will send it to J Basser and Jerrol----he would be a great guest ( and maybe become a member here!)
  21. 1 point
    The 2017 defense budget passed. The IU deal was not part of it. It was a proposal, which comes up every year, just like getting rid of concurent reciept. I read the whole bill and posted a link to it in another thread. No worries, Hamslice
  22. 1 point
    WOW- that is why I mentioned the "or" part of the regulation. I need to find the site link---couldn't hear him say it...and maybe he should be conctacted by the Podcast people to do a radio show here at hadit. I have never heard of him before......... We can review the decision when it comes to see what they did right and what they probably did wrong! The decision mught contain a CUE.... hard to know yet----andf maybe could a get a faster resolve if they did make a CUE. This attorney said what I have said here too, many times, the error might be a simple error they can fix because they didn't read the regulation correctly, or it was Intentional. Which I think most VA errors are...... Thank you for this video!
  23. 1 point
    Each of your dependents is entitled to the full benefits of chapter 35, so far 3 of my children are using their chapter 35 benefits. My husband has no intention of using his. Also, check into what your state offers because it is not like the gi bill, it does not pay all of tuition and expenses, etc. It pays currently a little of $1000 a month which in most places won't cover tuition and books, let alone room/ board etc. Florida also pays for my children's tuition at any Florida in state public college for 4 years or the equivalent at a private Florida college. Many states have something similar with rules about having lived there for a period of time or having lived there when received your rating, etc.
  24. 1 point
    The VA is famous for using smoke and mirrors. Just for shoots and grins, think about some early decision you folks received in, say, 1991.The big buzz phrase then was "It was acute and transitory and resolved before separation." Let's say you bought it and didn't appeal. It's still CUE viable because that's the WRONG STANDARD OF REVIEW. Look at the statement you quoted WomanMarine. If the sublexing patella occurred in the military , then it is service connected. If you did have it and it was noted at entry, and then got worse (especially within the golden one-year period after separation), it's still service connected. To deny ignores the precept of §3.1 and §3.303(a) - to wit, if it happened in the service or got worse in the service, it's service connected absent willful misconduct. If it is found to be SC, then a finding of fact states as much. Wilson v. Derwinski 1990 (The regulation requires continuity of symptomatology, not continuity of treatment.) "Acute and transitory and resolved before separation" is a finding of fact. But it is not grounds for declaring it non-service connected. Remember, it is either service connected or it's not service connected. You can't be a little pregnant here. VA is fond of using the wrong standard of review. If the sublexing patella occurred in the service and seemed to resolve by separation, then you'd file for sublexing patella and, if it was acute, healed and asymptomatic, that would be a finding of fact. When you were discharged, you had an exhausting physical that examined you from stem to stern. You answered questions on it. It's called a DoD form 93. That becomes the benchmark against anything you claim in the future. If you did not complain about the patellar but there is evidence you were treated for it in service, it's CUE not to rate you for it. Who cares if it's 0%. That is not the issue. If you were asymptomatic, the regulation (§4.31) is specific-if there is no rating for 0% on a given VASRD rating, §4.31 authorizes a 0% can be applied. After a finding of fact showing it is SC, the next judicial step is to declare the finding of fact a conclusion of law. The conclusion of law must then be applied which is "Service connection for sublexing patella is granted." So many gloss over the Big CUE because VA has you sidelined into an alternative view of what you're claiming as CUE. You're distracted into beating a brick wall trying to argue the "The evidence does not reveal aggravation beyond the natural progression of the original injury. " when you should be arguing for the SC as the CUE. So think about that the next time you peruse old decisions for CUE.
  25. 1 point
    I've been lurking this forum during my entire last year on active duty, which recently ended. I served well north of 20 years on active duty in the military. I paid attention in TAPS class, especially during the VSO (AMVETS) portion. I took notes. I began seeing my military doctor a year prior to retirement regarding issues I'd concealed and downplayed as not to hold my active duty career at risk (military job required strict medical physicals, high clearance, etc). At the advice of my VSO, I came completely clean from head to toe on all issues to my military doctor. I immediately lost my eligibility for my active duty job in doing this, but it was a calculated decision. I spent the next year fitting in medical appointments while still on active duty. I met with my VSO on three seperate occasions before submitting my claim. I listened to everything he said and followed his council exactly (he recommended I go back to my active duty doctor for clarification on a few issues he discovered in my active duty MTF records). I requested two certified copies of my MTF and it took about two weeks to get them from the hospital (I was still on active duty so I was able to come in every day and apply pressure to the records people). I went through each of the 800 pages of my record with sticky notes and a highlighter before turning them into my VSO (AMVETS) to help him arrange my paperwork. I finally felt that I'd reached the point of submitting my claim, two weeks prior to my last day on active duty. My claim was submitted (in eBenefits) on 01AUG2017, and finalized on 29AUG2017 at the final rating of 90%. According to eBenefits, I was awarded 50, 30, 20, 20, 10, 10, 10, 10 for various issues and a few 0% service connected ratings which surprised me as one of the zeros causes great pain and suffering in my daily life. I just wanted to share my story of going through this process methodically and honestly during my last year on active duty. I'd also like to say that although I feel I have PTSD, I did not claim it as I don't want to lose my firearms or effect any future gainful employment. I know that some of you will say that it would have no effect on my constitutional rights, but I worry about what the laws will be tomorrow, not today. Thank you, E1toO4
  26. 1 point
    Hey Ron72 50% gives you free medical w/no deductible. No Dental. You get glasses if you need them. No Copays on Prescriptions. You get monthly compensation as well. If your SC disability prevents you from doing your regular job, sign up for VR&E. Chapter 31 is for disabled vets who cant work, need vocational rehab. They will send you to college for 48 months, and pay for everything. They also give you a monthly stipend (around 750/mo) or you can opt to use you post 9-11 benefits and get BHA at E5 rate (one or the other, not both).
  27. 1 point
    pwrslm, thanks for your expertise and great advice. I'm at 20% lower lumbar, and 10% radiculopathy by the way. 190% overall. Allan 2-2-0 HUAH!
  28. 1 point
    The VA considers marijuana use to be drug abuse. If you get opioids from the VA they will cut you off if they find pot in urine test. The feds consider use and/or possession of pot as a crime. I don't think there should be any laws regarding drug use. What happened with the Topomax? Did it affect your eye sight? If the VA finds pot in any of your lab work that will be a big black mark on you and they will consider you a drug abuser. I was taking the VA prescribed pain meds and the next thing I knew I was getting a bill from the VA for treating my "drug addiction". They are really stupid but you have to watch them. All that stuff goes into your records and never comes out. I don't know how to reconcile medical marijuana with VA policy. My state has legal medical marijuana, but the counties and cities fight against allowing having marijuana stores or clinics. Look before you leap.
  29. 1 point
    The VARO might be missing the word "or" in the rating schedule. I think it is disgraceful that these farmed out exams become the 'property' of the VA until a decision is made., unlike C & Ps done at a VAMC. It takes away the right of any veteran to be able to prepare a timely rebuttal to a faulty exam. I wish more vets would complaint to the Secretary about this. I think all you can do is wait for the decision, at this point, and if it is legally erroneous, there is potential that you could ask them to call CUE on themselves....... As it might end up being a violation of 38 CFR 4.6, explained in the link.... https://community.hadit.com/topic/60717-the-power-of-38-cfr-46/#gsc.tab=0 The CUE I mentioned there I had filed, and was pending, was awarded not long after I posted this older reply. It was regarding a HBP claim under 1151, and the VARO failed to consider my sole piece of evidence- which came from VA Central Office, their head cardiologist, who is also an expert in HBP. I raised hell and they awarded. There is more to this tactic if you search for GCY VA, (Go CUE Yourself VA ) which has worked for me and a few others here. ------I just realised this might have been a VAMC C & P exam???? therefore it should not take too long to get........maybe.... I have mentioned this MANY times here---- Do not use FOIA for medical records that belong to you.....lawyers might use it in your behalf but they are not the claimant nor the person the medical records involve. 5 USC 552 covers the Privacy Act, as well as FOIA. I have used both but never FOIA for anything to do with my husband's medical records. FOIA takes longer than a simple request, and you can cite the Privacy Act, but FOIA is different.
  30. 1 point
    If you have an attorney you best to take his advice, because most attorney wont go to a hearing ,because they work on the evidence & and your attorney doesn't have your c-file how can he prove anything????
  31. 1 point
    Not sure of your question but here is some info on the CHAMPVA Dental plan. https://www.va.gov/healthbenefits/vadip/ CHAMPVA is solely for dependents who qualify. I wish veterans had CHAMPVA! Tomorrow afternoon the Blog radio show is with Glenn Johnson, of CHAMPVA and he is easy to talk to as to any CHAMPVA questions.
  32. 1 point
    With the hopeful resolve of most AO IHD claims in the next few months-I wanted to get this info posted here again. And to remind all- if their claim comes under Nehmer and they have contacted NVLSP, I have posted the link here many times, please contact NVLSP again to let them know of the decision. "According to Harrison's Principles of Internal Medicine (Harrison's Online, Chapter 237, Ischemic Heart Disease, 2008), IHD is a condition in which there is an inadequate supply of blood and oxygen to a portion of the myocardium; it typically occurs when there is an imbalance between myocardial oxygen supply and demand. Therefore, for purposes of this regulation, the term ``IHD'' includes, but is not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina. Since the term refers only to heart disease, it does not include hypertension or peripheral manifestations of arteriosclerosis such as peripheral vascular disease or stroke. http://www.regulatio...A-2010-VBA-0005" (Of course if IHD has caused stroke or any other secondary condition, those conditions should be claimed as secondary to the IHD and will need medical evidence of the nexus of the claimed secondary to the IHD. ) VA will be using 38 CFR$ 4.104 to rate the AO IHD claims. They will be using either diagnostic code 7005 0r 7006 "7005 Arteriosclerotic heart disease (Coronary artery disease): With documented coronary artery disease resulting in: Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent 100 More than one episode of acute congestive heart failure in the past year, or; workload of greater than 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent 60 Workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray 30 Workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required 10 7006 Myocardial infarction: During and for three months following myocardial infarction, documented by laboratory tests 100 Thereafter: With history of documented myocardial infarction, resulting in: Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent 100 More than one episode of acute congestive heart failure in the past year, or; workload of greater than 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent 60 Workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray 30 Workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required 10 VA Schedule of Ratings.
  33. 1 point
    Effective dates are probably the most complex issue in Veterans law. Due to the length of time involved, (and thus retro money), you will likely wind up getting an attorney to straighten this out. Your effective date is the later of the "claim date" or facts found, that is, the date the doc said you were disabiled. There are multiple exceptions to this. Unfortunately, since VARO has complete control of your cfile, they can/ and do manipulate the date you applied. They can simply discard the documentation of your claim filing, and you have to prove they are wrong. Do you have documentation that: 1. You applied in 1990? 2. That the facts found support a diagnosis, in service event, and nexus were established at that time, AND that your disease did not get worse. SOmetimes you can get a Fenderson (staged) rating if your disabilites worsened. However, you cant change the "claim date" but you can appeal the "effective date", which is what your benefits are based on. There is much posted here on effective dates, and Im not repeating it all.
  34. 1 point
    Congratulations bro! I know you've been sweating bullets about your claim lately. I'm so glad to see that things turned out in your favor and everything is going to be okay! Best regards, Phil
  35. 1 point
    Congratulations!!!! Yes...it will absolutely help with your SSDI hearing in December!! It's certainly not a guarantee of what they will decide, but it will be hard for them to ignore the VA decision. Now enjoy the moment...relax and totally focus on you!! Be sure and check out your state benefits for your 100% rating. Again....congratulations!! All the best to you and your family!! Greg
  36. 1 point
    I know you want to keep busy, but pushing against TDIU and bring you a world of hurt. I have SMC "S" which is housebound. Since you are 80% TDIU if you get another 60% somehow you can get "S" which is another $300 a month. If you are over 40 and have TDIU volunteer, but don't work or you may have big problems since VA checks with SSA regarding work done or SSA taxes paid. The VA makes these rules hard to live with on purpose. Your TDIU is for life and when you are 70 years old and your buddies are scraping by on tiny pensions and SSA you will be getting tax free dollars. IRS taxes both me and my wife's SSA and my federal pension. Soon I will start to take RMD's from our IRA's and that will be taxed, so the VA money will help pay all those taxes. I have looked for every loophole there is to find some dignity in forced retirement, but money is the best reward.
  37. 1 point
    Berta Have you been watching the PBS series about Vietnam. It is depressing knowing the war could have been ended in 1966 and the outcome would have been the same as 1975. Our government are such liars. I always thought the Vietnamese were laughing at us and now I know it. They always knew we were coming even when they chose to die in place. John
  38. 1 point
    I found a retro calculator online at https://www.hillandponton.com/va-retro-disability-calculator/, but I am not certain how accurate it may be. When I verified my retro, I did mine by hand. It was a lot of work.
  39. 1 point
    You got me crossed eyed from going back and forth lol.
  40. 1 point
    From what i remember the gi bill gives you a straight allowance for being in school. Chapter 31 gives ( or at least back in 2010 gave ) about 500$ a month, but they pay for nearly everything. If it was in the syllabus as being required for the course the VA covered it.
  41. 1 point
    Yes, this is very encouraging to others. You definitely had the right evidence. I know the C & P exam must have been very difficult for you to go through but you were given a thorough C & P and the examiner offered ways to gain future counselling help. I think sometimes the very fact that VA acknowledges these very stressful MST events, means more to the veteran than the monetary award. Still $ is the only way they can compensate you , because they cannot change what happened to you and I hope you can find peace knowing the claim has been awarded. Dont stay too mad at the hubby--he was right----!!!!! I could relate to that! I too sat on a re-opening of a claim my daughter, a veteran, insisted I re openunder a different theory of entitlement. I already received DIC under 1151 (wrongful death of my husband) and sure did not want to re live all of that again with a re open. Finally many months later , maybe even a year had passed, I did re open and she was right. It was the most important claim I had ( and the most difficult one) but it changed the wrongful death DIC into direct service connected death. I felt my husband finally had, in his death, Peace with Honor. Enjoy this true Victory with your family! And thanks for letting us know about the award!
  42. 1 point
    Glad to c you are back on the site, and you got an increase bud. As far as your conditions go, I only got 10% for my knees, even though I had 2 surgeries on right and just waiting to get older to have both replaced. As far as the GERD, I have severe Crohns disease, yet I only rated 30%, about to have shoulder surgery, only 30%, about to have back surgery as well, only 30%. PTSD at 70%, even though served in both OIF/OEF, multiple injuries there, Military put me in Mental hospital for 100 days, yet again on 70%. Sorry for the rambling, what I am trying to say is the VA will always low ball all of us. Vets think that it is so easy to get to 100% SC, as you can tell from my Signature I have alot of high %s and health issues, and it still took alot to get 100% VA. Good luck, and GOd Bless, and hope now you got you a good place to live.
  43. 1 point
    The newest criteria for CRSC is here: http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation.html
  44. 1 point
    Thanks Allan, the GCY tactic could reduce the backlog because many Remands are actually due to violations of the regs in appealed decisions. I wrote toSecretary Shulkin, and to President Trump about how a Fast Letter or Directive on this tactic you and I and a few others have used here to get claimants and their POAs aware that they MUST check those decisions carefully within the appeal period and can also get a faster response if CUE exists. I didn't tell him I call it the Go Cue Yourself tactic. But in essence that is what it is. And I mentioned other ways VAROs deliberately deny claims just to get them off their desks. I had an idea as to the 646s as well- a BIG time waster, and how other errors can be prevented....at the RO level and a long rendition of how VA is hiding their actual malpractice statistics. The next letter will be more about reducing the backlog,which I was quick to point out,was caused by the ROs, and not by the BVA. Pete Hegseth had hundreds of emails from vets and Sec Shulman answered some this AM from the interview Pete did. 2 were about why it has to be that a vets waits over 30 days or lives further than 40 miles from a VA to get medical care. They are reviewing the Choice Program, for some changes to be made, per the Sec.
  45. 1 point
    Please allow an example of how a Vet may get hornswaggled by VA, by not knowing or understanding the differences between direct, presumptive, and secondary service connection. In spite of the regulations requiring VA to consider you for all of these, they often do not do that. Instead, they may deny direct SC, and never consider secondary or presumptive SC. If you dont appeal, your decision will become final in a year. In the case of presumptive SC, you may, under some circumstances, be able to win benefits back to the date you applied, but not always so, if you were denied direct SC, when presumptive SC applies. Ditto for secondary SC. The end result is a delay and many year fight for benefits on your part. If you give up, you lose.
  46. 1 point
    So I read this as a Schafrath v. Derwinski duty to assist violation, correct? And you are proposing to let them clothesline themselves with their new "If you want to do a FDC, you have to be proactive about obtaining your own evidence for us instead of us doing it." Further, you propose to let them fail to obtain needed evidence necessary to prove your claim ( that you, yourself, may have in your possession) so that you can spring a failure in the duty to assist later on at the appellate level. The fault with that line of reasoning is that the best it will provoke is a remand from wherever the error is caught (DRO review, BVA decision or CAVC). This will delay the claim for an inordinate time and deprive you of a higher rating while you wait for them to readjudicate it below at the Regional Office level. Remember, neither the CAVC nor the BVA is a Court of Equity and doesn't do ratings. They must remand to the local yokels to do the actual ratings.
  47. 1 point
    Since March 25th, the only place to submit new evidence are the approved intake centers in Cheeseville, Wisconsin and Newnan's own in Georgia. If you are filing an Extraordinary Writ of Mandamaus, however, the need to inform the pukes at your Regional Office demands you send them an invitation (in duplicate) to the hanging personally. We're going into a whole new world of VBMS litigation. Everything is going to be in a word-searchable .pdf format to help the poor raters find that which you file. For some reason no one has been able to determine, VA raters have poor vision and even poorer sleuthing skills when perusing your c-files. This is why you sometimes have to submit evidence several times for them to catch on and get it. Anything you file from March 25th on, has to be in their format-i.e. Form 21-526EZ for any claims filing of any sort, the 21-0958 for all Notices of Disagreements, the Form 9 for all substantive appeals after you (finally) get the Statement of the Case asking you what part of "no" you do not understand. To answer a SSOC, I suspect the old standby 21-4128 is still the approved vehicle. If I am wrong, I would appreciate someone's correcting me. Remember, this is new, uncharted territory we are entering. VA considers it Boldly going where no Vet has gone before. I suspect it's simply more of their Boldly going nowhere fast. Clear prop
  48. 1 point
  49. 1 point
    We are blessed to have , Tbird, Berta, jbasser, asknod , pete, navy ,stretch, kelley, georgiapapa, and many, many others on this site ' The younger people involved on this site need to learn from thier knowledge so that the torch can be passed and veterans will always have a place to learn the TRUTH .
  50. 1 point
    A de novo review is not as it appears. When you submit N&M E during the appeals window following denial, your de novo review is done by the VA RVSR's boss-often a DRO. Therefore you are getting a de facto de novo decision without asking for a DRO review. A de novo review includes all the evidence filed previously and the new evidence you submit. VA is, by law required to view it in an entirely new light and give the appropriate balance of weight to the new evidence submitted in conjunction with the old evidence.. This produces a new decision (or denial) but as long as you do not go past the one year statute of limitations on filing the NOD, you can do it as many times as you wish. Your NOD must be filed within the requisite year or you lose your effective date of filing. You can disagree with a decision by filing new evidence in conjunction with 3.156(b) any time after the initial denial. 38 CFR 3.156(b) states: (b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501) This is how I won my effective date all the way back to March 1994 in November (2013). VA fought me all the way to the CAVC before folding. a
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