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Showing content with the highest reputation on 03/23/2015 in all areas

  1. 3 points
    I'm not gonna mince words; the reason VA Choice isn't working is they put union people in charge of sending veterans to non-union providers, and that is not how unions work. The AFGE has made it clear they don't want vets getting outside care and Congress put THEM in charge of it?!? That's either ignorance or intentional, and I'm not sure which is worse.
  2. 2 points
    When you wake up out of surgery and see 20 chinese teenagers with thick glasses staring down at you, you know you were a training aid .
  3. 1 point
    Some VSO's incorrectly state that a Veteran has no protected ratings until 20 years. This is not true. There are protections at 5 years, 10 years and 20 years. (Thanks to survivir at another site) Protections at 5 years 5.10.1 The Requirement of Sustained Improvement to Reduce a Rating Level That Has Been in Effect for Five or More Years Any rating evaluation that has stabilized, that is, continued for [a] long period[] at the same level (five years or more), 523 whether it is at the 10 percent or 100 percent level, may not be reduced unless all the evidence of record shows sustained improvement in the disability. 524 Because 38 C.F.R. 3.344(a) requires that all the evidence of recordsupport the conclusion that sustained improvement in the disability has occurred, the VA cannot view the single examination upon which the reduction is proposed in isolation from the rest of the record. 525 In other words, the entire medical history of the disability must always be considered in conjunction with any rating examination upon which a reduction is proposed. 526 In Schafrath v. Derwinski, the court explained the purpose of this rule as follows: These requirements for evaluation of the complete medical history of the claimants condition operate to protect claimants against adverse decisions based on a single, incomplete or inaccurate report and to enable VA to make a more precise evaluation of the level of the disability and of any changes in the condition. These considerations are especially strong in a ratings reduction case. 527 It is precisely because a disability is stabilized that the VA must take care when proposing to reduce the rating evaluation assigned to it. Because uch disabilities are considered stabilized, . . . the regulation thus requires a high degree of accuracy in decisions reducing those ratings. 528 There are several other rules the VA must follow before reducing a rating that has been in effect for five years or more. The VA must review the entire record of examinations and the medical-industrial history . . . to ascertain whether the recent examination [upon which the VA is relying to reduce the rating] is full and complete. 529 Any examination that is less full and complete than that examination on which payments were authorized or continued may not be used as a basis of reduction. 530 If the disability is subject to temporary and episodic improvement, it will not be reduced on any one examination, except in those circumstances in which all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. 531 Even though material improvement in the physical or mental condition is clearly demonstrated, the VA will [consider] whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. 532 For more information see CFR 3.344a:
  4. 1 point
    So, I received my letter stating I was 100%, but that I will have reevaluations at a future date (it states Feb 2020) that could result in a rating reduction. I reviewed the letter and they will want to see me again for Major Depression (50%) and Chronic Fatigue (40%). For the record, even with taking those 2 temp ratings out, I still have 22 disabilities in all: 1 @ 50%, 2 @ 20%, and 19 @ 10%. Using a few VA rating's calculator's, I still come up with 95.677%, which means it would round to 100% correct? If that's the case, why wouldn't I be rated at 100% permanent now? Any info would be greatly appreciated.
  5. 1 point
    What do you get the SSDI for? If it is solely for what you are getting SCed for, then the 30% is WAY too low. Does VA have your SSDI records?
  6. 1 point
    Unless the worm has turned, Retro Check gets deposited about week before actual award envelope arrives. More is always better and not to many Vets (myself included) are accurate in determining here on the nose retro $$. So that leaves you with the old "Gift Horsesw Mouth," don't look in to it. If and when the VA realizes an error, you';ll be one of the 1st to know, right after they snatch the over-payment out of your Direct Deposit Account. Of course you could transfer the $14K to another account at the same or different Bank. Then you would know of the error when you don't get your monthly comp deposit. What did you compute as to what your Retro should have been?? Will be interesting to see how far off you were. Semper Fi Gastone
  7. 1 point
    About to send a shit storm through the RO down there, I think 10 years is long enough for a decision.
  8. 1 point
    If I may, craziness, I don't think so. I believe, conspiracy theorist that I am, this program is doing exactly what it is supposed to. Take the eye of the real problem in the VA. You can make your educated guesses as to what is really the problem.
  9. 1 point
    Take the money and run, we give billions to countries that hate us every year.. What is a little over payment to a US veteran?
  10. 1 point
    Geez asknod - as much as you've helped others we were sure rooting for you to get your due. Hang tough!
  11. 1 point
    Georgiapapa has the right general idea for effective dates. The exceptions are here: Anyone seeking an earlier effective date should look at this post, which Tbird pinned. There are 2 critical links there, one for nvlsp for increases, another on NVLSP common effective date errors.
  12. 1 point
    jeffperry 1134, I do not think it will cause them to delay your new percentage rating and retro since you will only be appealing the EED of your rating increase. Effective Date for Rating Increases: The earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim received within one year of such date, otherwise, the date the claim (request for increase) was received. Good luck. GP
  13. 1 point
    In the military, your buddies and comrades will often pressure you into "sucking it up", and not reporting to sick bay. Im sure that saves the military billions of dollars because, as you found out, sometimes it makes your case very hard to prove.
  14. 1 point
    skydealer, I'm sorry you're getting such a runaround. Please contact Allison Hickey Allison.Hickey@VA.gov with your story to help improve the system for all veterans. Good luck!
  15. 1 point
    NHB, You can send in a "statement in support of claim" and point out any incorrect info or omissions in your C & P exam report. If your other medical evidence contradicts the responses in the C & P exam report, point this out in your statement and make references to the parts of your other medical evidence that differs from the C & P examiner's responses or comments in his/her report. JMO Good luck. GP
  16. 1 point
    I contacted Allison last October and within 2 days went to 100% TDIU, P&T. Actually rating is 90%, but being paid at 100%. I am done fighting the VA, no longer work. I PAY it forward by running my own face book group, Military Compensation Benefits And More.
  17. 1 point
    For those that have asked... here are my ratings... The first 21 are (I assume) permanent ratings (seeing how there was nothing said about reevaluating them in my decision letter), but the MDD and Chronic Fatigue are both to be reevaluated, so I could see the reason for a 100% Temporary rating, however as I stated before, completely removing them in the calculators I've used still keeps me at 100%. Now that you all can see this can you explain any of it? Am I missing something? Should I fight a 100% Temp rating, or not stir the pot? Issues/Contentions: Obstructive Sleep Apnea w/CPAP 50% P Right Upper Extremity Radiculopathy 20% P Left Lower Extremity Radiculopathy 20% P Right Knee Strain 10% P Chronic Sinusitis 10% P Right Lower Extremity Radicupathy 10% P Degenerative Disc Disease Cervical Spine 10% P Status Post Left Hand Thumb and Middle Finger Fractures 10% P Left Knee Strain 10% P Left Ankle Tendonitis Status Post Tendon Tear 10% P Left Hip Sprain/Strain Limitation of Extension w/Bursitis 10% P Thoracolumbar Spine Strain w/Osteoarthritis 10% P Left Shoulder Post Clavicle Fracture 10% P Chronic Right Biceps Tear 10% P Right Hand Thumb Status Post Fracture w/Painful Motion, Thumb Index and Long Finger 10% P Right Shoulder Strain 10% P Right Hip Sprain/Strain Limitation of Flexion w/Busitis 10% P Chronis Allergic Conjunctivitis 10% P Tinnitus 10% P Allergic Rhinitis 10% P Status Post Lower Lip Gland Removal w/Neuropathy of Cranial Nerve V 10% P Major Depression Disorder 50% Temp (up for future reevaluation) Chronic Fatigue Syndrome 40% Temp (up for future reevaluation) Left Hip Sprain/Strain Limitation of Flexion with Bursitis 0% Residual Scar Right Inguinal Hernia Repair Surgery 0% Residual Scar Status Post Left Shoulder Clavicle Surgery 0% Right Hand Ring and Little Finger Pain Status Post Right Hand Thumb Fracture Injury 0% Status Post Right Inguinal Hernia 0% Onchomycosis/ Dermatophytosis Bilateral Thumb Nails 0% Residual Scars Right Leg Status Post Accident 0% Right Hip Sprain/Strain Limitation of Flexion w/Bursitis 0% Left Hand Status Post Injury 0% Also, I was denied Service Connected PTSD (as they said it wasn't clinically diagnosed) even though I sent in a DBQ stating that I was. Note: I have what appeas to be the same condition with my right hip... one states 10%, the other states 0%. Could that be the issue? Thanks again for any assistance...!
  18. 1 point
    why would they need a qualified doctor when the main goal is to deny you? that doesnt take a specialist.
  19. 1 point
    Frankly $. But let's not concentrate on that. First congrats. Well played. With the 100% you have more options for afforded care and lots of tax concessions to take advantage of. As well as state benefits depending on your state. It's worth looking into nice discounts and lots of perks. I think it would be worth a look over on all your conditions and apeal the ones that on not in line with the severity of your conditions and medical evidence. Same old same old unfortunately. Since you have some conditiins that are in the appeal period fight them if you care to do so. For the ones that have become final, CUE is the only option really. Look in the forums inder CUE, Berta has layed it quote nicely, there's others like Asknod and many more that give vast amounts of info and strategies. JMO, again good luck and congrats on the win.
  20. 1 point
    I've waited months for appointments in Phoenx, Vegas and Portland only to have them call morning of and cancel - they then wrote it down as a "no-show" until I called and argued it. They treat the ER as a day clinic and jaded ER staff are in no hurry to process the mountain quickly. I came up with a saying for the awful San Francisco hospital: "Don't go to the VA unless you can STAY all DAY." The VA is the epitome of a soulless, heartless, union-infested bureaucracy that should be shut down.
  21. 1 point
    Vync, That is totally redictlous I would email Robert ''Bob'' McDonald on that! This nonesense has to stop..if it keeps happening what the hell can us vets do? Most of us depend on VA Healthcare ... I can't afford to see a Private Dr.& the majority of veterans can't. I don't think it matters what your rating is or what group your in its happeing to all of us no matter what. you could be a General and still have to wait for the long appointments. Makes me sick to see a disabled Vet that needs emergency care and has to sit in ER for 12 hours. grrrr
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