Jump to content

Leaderboard

Popular Content

Showing content with the highest reputation on 10/09/2020 in all areas

  1. Just wanted to share this with everyone as I prefer to give credit where it is truly due: After I won my recent claim, with this forums help for my mental health my brother-in-law, an Air Force vet, began to look at his mental health more seriously. With guidance I received via these forums, I helped by advising him on how to develop his claim and he submitted everything on Jul 1 2020. Today, he received a lump sum deposit from VA. Upon later review of his VA.gov account, it had been updated to reflect his mental health as secondary to his current back claim and was awarded 70%. Bringing him to 80% combined (30% for back). My sister and her family are greatly appreciative of everyone here who has contributed to the forums, as I explained to them where my new found knowledge had come from. You guys are the real helpers!
    4 points
  2. Foxhound6 Great news!!! Way to go. That's what Hadit is all about. Learn, win, pass it on. Congrats to you both.
    3 points
  3. @Foxhound6Just wonderful to hear. Way to fulfill the mission.
    2 points
  4. GREAT. OUTSTANDING. AWWEESSOOMMEE. Keep those success stories coming, love to read them all.
    2 points
  5. The 5, 10, 20 year rules... Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary. Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped. Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced. If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists" At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review. NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected. ------ Example for 2020 using the same disability rating 1998 - Initially Service Connected @ 10% RESULT: Service Connection Protected in 2008 RESULT: 10% Protected from reduction in 2018 (20 years) 2020 - Service Connection Increased @ 30% RESULT: 30% is Protected from reduction in 2040 (20 years) 2022 - Service Connection Increased @ 50% RESULT: 50% is Protected from reduction in 2042 (20 years) ------- Second example for 2020: Example of protected percentages: • A Veteran gets awarded @ 30% in 1991. • The Veteran files for an increase and is awarded 70% in 2004. • The Veteran files for and is awarded TDIU status in 2005. --------- RESULT: In 2001 (10 years), the condition's service connection is protected. RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud). RESULT: In 2024 (20 years), the 70% is protected from reduction. RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T. For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.
    1 point
  6. So my Voc Rehab counselor called and said they were ready to start purchasing Step stool to get in and out of car Kitchen height adjustable so I can sit at my countertops to prep food. Prescription dispenser with alarm. (I asked for a different one than they suggested so I am waiting to hear.) Lumbar cushion for Van. Lift Chair they picked out PerfectSleepChair.com I don't know if that means I'm getting that one or something similar. Zero Gravity Workstation they are offering this one http://www.ergoquest.com/zero-gravity-workstation-0.html which doesn't accomodate my monitors so I asked for this one http://www.ergoquest.com/zero-gravity-workstation-0a.html (I am waiting to hear.) Mobility Scooter Anything over $1200 will need a second approval and anything over $3000 will have to go to a contracting officer. Which is where my Zero Gravity station will need to go. I'll let you know when stuff starts showing up
    1 point
  7. Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process! My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status. Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
    1 point
  8. Perhaps look here §3.350   Special monthly compensation ratings. (5) Deafness. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule. (Authority: Pub. L. 88-20)
    1 point
  9. For us, this is a given...He does work with the DAV already in a small capacity outside his normal work, but he intends to try and do more within the DAV, possibly help in some way with claims in addition...but they also wanted to thank all of you.
    1 point
  10. I agree with your assesment that Vets should "use an IMO" and you will win, even that is more than a little bit challenging for many Vets, especially broke ones, and that does not apply in every case. My IMO cost a modest $600, and I put it on a credit card. However, when I first applied, back in 2002, $600 may as well have been 6 million dollars..I didnt have it and was losing my home. Many IMO's cost MUCH MUCH more. As far as VSO's, well that is a crap shoot down a rabbit hole. Some VSO's have VBMS access, some do not. Some have a VBM, others do not. Some are familiar with Caluza elements, some are not. NOT "every" Veteran needs an IMO. For instance, if you dont have a documented "in service event", then an IMO is meaningless, and a waste of money. And, not every Veteran can drive to their State VSO, mine is about 300 miles away. As far as the site being "far to confusing", it is certainly not MY idea that VA makes benefits confusing. They even speak their own language..as did you! When I first applied I had no idea what an IMO or even VSO was. For example, the VA often has different benefits and different rules, depending upon the time you served (war time, not war time), whether or not you are a Nehmer Veteran, etc., etc. This is why its best to supply as much information as you can when asking questions: When did you serve, when did you apply, are you already sc, and for what conditions, etc. It just requires different answers for different Veterans, its not "one size fits all". For example, Vietnam Vets, eligible for Nehmer, have certain presumptives and this makes things easier (sometimes). Other Vets, who served in Vietnam sometimes have a hard time proving they served in VN. Trust me its not my idea this is so confusing. I think the VA does this to save money. Many Vets "just take the VA employees" or VSO's word for it, and "someday" I will be able to calculate how much a VSO's bad advice cost me. THe VSO told me I should not appeal a zero percent rating. That was a very bad, and costly idea.
    1 point
  11. Incredibly, there "may" be a silver lining to this tragedy. Getting "even" with VA may just motivate you to beat your survival odds. Now, I know "nothing" about Jardiance, side effects, diabetes, heart disease or any other medical conditions. But, you have some great helpers here, who are on your side. Unfortunately, mostly my hearing is not good enough to hear most podcasts without close captioning, but I wish you the best.
    1 point
  12. Congratulations! Something similar has happened to most of us, and we are giving back. Your family member can/should give back also.
    1 point
  13. You can view your CURRENT cfile at your VSO's office "provided that" (s)he has VBMS access, and not all VSO's have this (but all should have it..to me, its like being a taxi driver and not having a car or having access to a car) If your VSO "does not" have VBMS access, I would consider getting a different VSO who does. Its some work to get VBMS access, but they should not be lazy and be willing to do that to help Vets. Your attorney, or non attorney representative, also, may have VBMS access.
    1 point
  14. Service officers come in different flavors. Some ar real good and some are not. I had one whgo could not ID prtesumptive disabilities for Agent Orange. File and if necessary appeal. Nothing tried, nothing gained. Also check Board of Veterans Appeal for similar appeal cases and how they adjudicated.
    1 point
  15. You can call or to can go to your senator office and they will email the RO office And the RO office will email the C&P exams to them. Semper Fi Brother
    1 point
  16. I have service connected Chloracne, Diabetes II, and heart disease. In Dec, 2019 I was prescribed by the VA to take 25 mg per day of the relatively new drug Jardiance. My cardiologist said that it would help with my Diabetes as well as the heart disease. I then started complaining of huge boils coming up in my right and then left inner groin. After many dermatology and emergency room visits, no diagnosis or treatment, other than a look see and another bottle of antibiotics.antibiotics. On July 1, 2020, things got a lot worse, so another trip to the ER and another bottle of ills. The pain was so great that I took some very strong opioids and slept away a day and a half. On July 3rd I once again returned to the ER. I have no memory of opening the ER door or seeing anyone. I woke up weeks later in the VA SCIU with really bad pain. I didn't know why I was there or what had happened to me. I deduced that I must have been involved in a really awful car crash, perhaps someone was killed! Was it my wife, or maybe my grandchildren! With the covid 19 restrictions in place, no visitors. I asked everyone attending me but I got no answers. Some time weeks later my cardiologist appeared at my bedside and told me that I had to have emergency surgery for Fournier's Gangrene, a flesh eating bacteria that was caused by a perfect storm, created by the Cloracne, the Diabetes, and the medication, Jordiance. I had lost my private parts, including from three inches above my navel in the front to include my anus in the back. I have huge skin graft sites in my upper legs. the grafts were used to reconstruct from my buttocks to my navel and everything in between. I was given a 4.74% chance to survive the operation. At this time ,I am close to two months out, where I was given a 17.11 % chance of survival of 180 days. There were only 19 cases of Fourniers Gangrene in 35 years, that is until they started prescribing Jardiance, now the FDA has identified 55 new cases. The drug goes by several names such as Jordiance, Emphgliflozin, Canagliflozin, and Dapagliflozin, Dapagliflozin is better better known as Farxiga. For a more complete story on my experience with the drug listen to the September 17th podcast in Exposed Vets. There will probably be a follow up broadcast later on this year, If I can survive the 180 day period, which is up December 3rd. And yes, I am making plans for the future. All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed. Merry Christmas, and Happy new year!
    0 points
×
×
  • Create New...

Important Information

{terms] and Guidelines