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HadIt.com Anniversary 24 years on Jan 20, 2021 ×


HadIt.com Anniversary 24 years on Jan 20, 2021

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Showing content with the highest reputation since 12/18/2020 in Posts

  1. I will only add that many have suggested to get a sleep study to get a C PAP machine. I may have missed it because it is too important that the reason to get a C PAP machine is because sleep apnea is a silent killer. The individual goes to sleep, and they never wake up because they stop breathing while they sleep. Contact your doctor and ask for a sleep study as soon as possible, it is that important.
    4 points
  2. You posted: Its a lie. You do not need a "diagnosis" on active duty. Instead, what you do need are the Caluza elements of: 1 CURRENT diagnosis. You do not have to have a "diagnosis in service". Allow me a single example refuting the "diagnosis required in service" myth.. Many Veterans have contact Hepatitus C during the military. "There was no test" for Hep C, back then, it was "NonA Non B" hep, test and you didnt need that either. Is it your fault that medical science improved and they can NOW better test and diagnose issues that were not diagnosed in service?
    4 points
  3. Ranmic If you're confident about doing it yourself, go for it. Broken soldier has experience at work as well as his own personal experience, so I'm confident he is right. But personally, I can understand that you might want to gather a bit more evidence. If you are thinking the same, you can have your cake and eat it too. Submit an Intent to File (ITF) and continue to gather more evidence. Go to sessions/appointments and be sure they are entered into your medical files. After a bit more, you can submit your claim and still protect your earlier effective date EED, which was nailed with the ITF.
    3 points
  4. I agree with the advise given but would make this even stronger. If you can go to claims in VA.gov, go to letters and print out a hard copy of what your husband's disabilities and status are. Or, get a VSO to print this stuff out for you. be sure your latest diagnosis and progress notes are posted in his medical files and bring a copy with you to the C&P exam. Make sure the examiner knows his latest current condition. No need to bring 4 inches of data files, just the current or it won't be looked at.
    3 points
  5. So it sounds like regardless of what you do at some point they will review this as you said the 100% is Temporary? The P&T is good, but I believe they can drop the % unless they have removed the temporary and said it is permanent. If I am wrong here some please correct me. Do you have access to Ebenefits? If so go to your disabilities there and see if it says you are temporary or not. I would then check your letters and see what the benefits section there says. Which VA rep did you talk too? I would find out from them if they are keeping it at 100%. Also the
    3 points
  6. Yes I agree it's always a good thing to take your records with you to a C&P Exam records that may help your claim simply because some times the VA don't send the examiner all your records...incase the examiner don't have them? and at times you may need to ask the examiner if he/she has them if they don't then you can whip them out and give to the examiner.
    3 points
  7. Good advise from Hamslice. I always bring a copy of my evidence to the C&P exam. I would say something like " as evidenced by x,y,z". By the way, if you didn't see that, I happen to have a copy with me..." Most of the time the examiner has seen and declines the evidence I brought, but sometimes it was not seen for whatever reason. If you are polite and don't force it on them, it usually goes well either way. But sometimes, yes, it is very important because the examiner can say, ok, he will check it out, but not do so later, and there goes your evidence.
    3 points
  8. I always send my medical records with my claims, whether I can determine or not that the VA has them. And they have them. But, what I do NOW, which I didn't before, is, I bring them with me to the C&P. It actually helped me show the examiner what I was claiming and referencing, etc. I claimed HBP and was denied because my criteria did not meet the guidelines for a rating. So, after some thought, I decided to ask for an increase for the issue with the same medical evidence 8 years later. But this time, I brought the two pages with me that the VA has had from the git go. Eve
    3 points
  9. "1. Am I just out of luck because I didn't seek treatment during Active Duty?" Not at all because they say: "2. Under "favorable findings" it states that "a nexus, or link, has been established between your claimed issue and an in-service event". Isn't that the literal definition of a service connected disability?!" Yes it is. "3. What is the error?" Maybe the rater could not read. What have you all seen as timelines and outcomes for this? " That often depends on your next step- Something is wrong here- maybe,in an effort to correct a DTA error, they might h
    3 points
  10. The error is that somewhere down the line the VSR or rater failed to develop for records somewhere- either service STRS, private treatment that you may have identified, or VISTA/Capri (VAMC). So, the claim was remanded back to the RO. The examiner has already rendered an opinion, so, basically the RO will have to at least request/make an effort to satisfy whatever they didnt get before because Congress says so.
    3 points
  11. My guess is this letter is a "proposed reduction". I simply suggest you respond to the proposed reduction with a concise letter, written on a 21-4138, as to why you should not be reduced. Certainly you can explain that C and P examiner told you that he can not continue with the exam while pregnant. I simply suggest you ask them to refer you to an examiner who will complete the exam while pregnant, OR simply delay the C and P exam until after you deliver. As someone said, you can also ask for a hearing to tell your viewpoint, which should delay this reduction. If yo
    3 points
  12. The letter should say that you have about 60 days to request a hearing. You can get an IMO from your treating doctor about your current overactive bladder to refute their propose reduction.
    3 points
  13. My apologies if I misunderstood your post but you wrote it kind of confusing. If I did understand it correctly you have a total of six(6) disabilities rated as 50%, 30%, 20%, 20%, 20% and 10%. If this is correct then your combed rating would look like: 50% + 30% = 65%, 65% + 20% = 72%, 72% +20% = 78%, 78% + 20% = 82% and 82% + 10% = 84% and then VA math would round down to a combined rating of 80% total. Keep in mind that to get the total number of combined rating you start from the highest to the lowest and the closer you get to the 95% rounded up to the 100% schedular combined total it
    3 points
  14. This is a deal killer you must fix: "Could" is the deal killer. VA considers this "speculative". I "could" win the lottery and not need any VA benefits. The nexus needs to be in this format: You are gonna need a nexus. Your VSO should have helped you with a nexus. Your nexus can not use the words "may" "maybe" "could" "might be", etc. You need the docs opinion that it "as least as likely as not" due to an event in service. Look in your records, you may already have an acceptable nexus. Or, one of your doctors may provide it "in a language that VA understands", ab
    3 points
  15. I'll add this On Anything we file on we need to have our C-file and know what's in it!!! So its good that veterans request their C-file Before filing...this could save a Denial/Appeals. (jmo)
    3 points
  16. With 6 mo in you should be fine. Especially if your refills extend out another 6 months to a year. I waited about that long when I filed for depression/anxiety/OCD tendencies and I was granted with no problems. Just keep going to your therapies if you have them.
    2 points
  17. My two cents your husband has A lot of problems I myself would go after everything disability that he is in tiled too, with the disability he has there’s no way the VA will go after him to decrease his disability go for it.
    2 points
  18. I think what brokensoldier is saying is, a "Nexus" is the "event" you're stating caused/worsened your condition in service. That event should be laid out in your IMO by the person writing it. It should be definitive in diagnosis and how that event plays in to the diagnosis. The event should then be "provable" by your military records and/or buddy statements. You never said what your denial stated. Why did they deny you? That's what you need to be addressing with the additional evidence you're submitted on the Supplemental Claim.
    2 points
  19. I am a little confused about your question. Yes, you should file a claim for Sleep Apnea. Sleep Apnea is a silent killer. A person goes to sleep and they stop breathing, and they can die. You should also get a CPAP Machine as soon as possible. As long as your mental health condition does not improve, the VA cannot reduce or eliminate your rating. Just make sure you stay in treatment. No, not likely. The VA would have to prove that your mental health has improved, and this is not likely because mental health disorders are not curable. You will have good days and bad days, but you will
    2 points
  20. All I can find from the VA is this from the VA. ''Stay informed and help us prepare'' Sign up for an easy way to stay informed about our COVID-19 plans. When you sign up, we'll also ask about your interest in getting a vaccine when one is available to you. By sharing your interest, you can help us better prepare as we work to offer vaccines to more Veterans. Note: You don’t need to sign up to get a vaccine.''???? Sign up to stay informed what do they mean sign up? were all already sign up???? i Realize the health personnel needs to get the vaccine first and fo
    2 points
  21. You would have to prove that before the medication was stopped, the sumatriptin caused the heart attack and /or any other disability you did not have ,before taking it. These links are from 2015 but might help: https://www.avvo.com/legal-answers/is-there-any-imitrex--sumatriptan--lawsuit-going-o-2130361.html http://members.injuryboard.org/ As you know one of my husband's misdiagnosed disabilities was AO IHD. VA also misdiagnosed his HBP, his DMII, and his 1151 stroke. Everything I now about FTCA is in our FTCA forum here. The evidence is t
    2 points
  22. Good advice Berta. I filed a formal complaint about a C&P examiners exam to the VARO head person. Within a few months, I had a two extra C&P exams for the same condition. They dismissed the original bogus C&P examiners exam as 'not making any sense'. Got my claim approved to 100% P&T. I can say the VA took my complaint very serious. I hope the initial claims examiner was relieved of her C&P exam duties. I will say this, 'don't piss off a C&P examiner', like I did originally. Even if they are rubbing you the wrong way. It won't go well. Be very polite in a
    2 points
  23. If it's submitted electronically it is loaded into the cfile within a few hours. If it's mailed then it's got to be scanned in. As for duplicates it does matter. All of that has to be looked at during a claim by humans, and each labeled, which extends the time it takes to find the relevant evidence. You wanna send in things 6 times, fine, but it's going to take me 3 times as long to figure out what is and isn't a duplicate. And after the 4th time seeing the same thing it starts to get fatiguing. We aren't machines. Consider that an STR is several hundred pages even if someone was on
    2 points
  24. The unfortunate thing about your situation is that even though you sent all your evidence in, your evidence may not be with your claim. It does happen and if you fail to re-submit this evidence it could cause your claim to be denied. So, what if it turns out to be duplicate, does that really matter, or does it matter that you make sure that your evidence is connected/attached to your claim. Not only is the claims system is backed up so is the mail portal. Evidence is just sitting there waiting to be attached to the veterans claim. If it is duplicated, then the VA can stamp it as duplicate and
    2 points
  25. They don't always need a C&P. Sometimes they will just look at your records and make a decision.
    2 points
  26. This is "ONE" of the reasons why "you" need to keep a copy of your Service records and "dont depend on VA" to do that for you. To answer your questions: 1. No. "In service treatment" is NOT required. What is required is Caluza elements: a. CURRENT diagnosis. b. "In service event" (not necessarily treatment. ONE example of this may be parachute jumpers. They jump out of airplanes. Often, years later, knee/ankle problems show up. And it does not take a rocket scientist to connect these dots. c. Nexus, or doc opinion your current diagnosis is "at least as l
    2 points
  27. C and P exams are not "magic". The VA needs "competent" evidence, that is, the Caluza elements. A c and P exam is discretionary. There are many times when a C and P exam is not needed: 1. If you already have all the evidence you need. 2. If the evidence you have does not show you are eligible. For example, if you dont have an "in service event" or aggravation, then all the c and p exams in the world wont fix that.
    2 points
  28. It's not a competition. Vamc are your medical exams, C&P is deciding if you qualify for benefits. Two parts of the dealer process. You will almost always have a C&p. If I have a question I send it to a rater to ask if I need to schedule exams. Sometimes they say nope, just send it over. Sometimes they don't.
    2 points
  29. Check to see if & how your Neurologist made the OSA Diagnosis? did he just tell you ? check your medical records. you can file a claim for it but the C&P Examiner may need you to do a sleep study but it really depends on what and how your Neurologist made the diagnosis? Normally the Dr would go further than just a diagnosis they normally would send you to have a sleep study done either by VA or outside with a private clinic that is qualified to do sleep study and is approved by the VA At my VAMC they were 6 months out to get a sleep study so the sleep clini
    2 points
  30. I think the better question is how far out of service are you? How are you going to service connect the issue if you are past your year out? Did your doctor say it was secondary to another condition, or made one of your service connected disabilities worse? This is the issue most of us run into if you are out of service. I got mine secondary to my PTSD. My lawyer did it during my CAVC remand even though it was not apart of it. I made a post about this a while back on what evidences and why it legally should be service connected.
    2 points
  31. I am not sure, but typically they will want a sleep study. I know mine was done as they issued the equipment for it. I would file for it and get with you VA doctor to get a sleep study to get a CPAP.
    2 points
  32. This is bad information. If a veteran misses his/her C & P Exam the VA can and normally deny his/her claim. Keep in mind that you are asking VA to pay you compensation for a disability and they want their doctors to look you over. Even with your own IMO (Independent Medical Opinion) they still want their doctor's opinion. You do not have to trust me but in my experience the VA will deny a veteran every time he/she misses a C & P exam without good Cause. You feel that you have your own qualified medical opinion is not a good cause in the VA eyes.
    2 points
  33. coachescrew You are walking on thin ice if you don't attend any C&P exam. If, big IF, your evidence includes a dbq filled out completely that shows your hearing disability, and is on a valid, not expired VA form, and the testing performed was in accordance with the VA criteria, you might prevail. The hearing eval must be done to a Maryland test format I believe. If anything doesn't size up, you most likely will be denied. The path you should take, IMHO, is to go and take the test by the VA. You have submitted your own doctors evidence. Get the decision, and if it isn't what you feel you sh
    2 points
  34. I RECOMMEND JUST DON'T GET OUT STAY HOME...ONLY GET OUT IF YOU ABSOLUTELY HAVE TO. This was our first Christmas Without family...I recommend that we all stay in our homes with immediate family. So Everyone Agreed....its going to be a while before this covid is over..if it ever is? Protect yourself and you protect others. Anywayz Happy New Years Everyone..for what it's worth.
    2 points
  35. You know, I just got to comment on this. There are a lot of people, a lot of veterans, that will not get the vaccine, or will wait. These are seemingly intelligent people. Don't think so? Ask around. Some feel that it will give them the virus if they get the shot. Completely untrue. Others think it should go to "others" first. What, all of a sudden the person knows more about how the virus works than the CDC? The more people DON'T get the vaccine, or who delay, the more risk there is for others who can get it from them. So being tough and brave doesn't protect others that you unknowingly pass
    2 points
  36. Roger That Ms T I have given 100's of the hadit print out cards at my VAMC .AND Spread the word. It's sad thing to see Veterans setting at the VBA office for help with their claims, the worried look on their faces.
    2 points
  37. Its helpful to know what you want us to do. I will be thinking on this.
    2 points
  38. Food for thought. Now with knowing all this have you considered filing a claim for depression a (Mental Health disorder)? I suffer from fibromyalgia (CHRONIC PAIN SYNDROME). It seems that I hurt most if not all the time. It was explained to me and I like to share with others that if a person suffers from chronic pain, they most likely have some form of depression. You may want to file a claim for depression. I know that a veteran cannot be compensated for a condition/disability twice being that you are service connected for insomnia and depression, but VA could combine the two and give yo
    2 points
  39. You can represent yourself successfully "provided that" you have the right skill set: 1. You need to be organized enough to keep and retreive copies of VA documents such as decision letters. 2. You need to have some computer skills and be able to do searches of BVA, CAVC cases. 3. You need to be healthy enough to persist long enough to see your claim to fruition. 4. You should be able to write a concise, well written letter explaining your reasons you dispute their decision in a nod. 5. You need to have good reading comprehension skills. 6. You need to
    2 points
  40. Both above are correct, and you are in for a fight right now. Get the service connection and then fight the EED. I have heard of them fixing it prior, but it is good to keep in your mind you have a long fight ahead of you. Keep fighting, and you will win!
    2 points
  41. I will have to start with this (IMHO) IS MY HUMBLE OPINION. Since you already filed a new claim wait until VA grants your service- connection and then file a disagreement (SUPPLEMENTAL OR HLR OR BOARD APPEAL OR NOD) and ask for an Earlier Effective Date. When a veteran files a claim, the veteran may ask for a specific disability, but the VA is supposed to rate the veteran’s symptoms and incorporate any disability that those symptoms could be. If the C & P examiner gave a positive medical opinion even though it does not specifically state that your scoliosis is service or military related,
    2 points
  42. todd marine I don't think so. You filed for a specific disability, "scoliosis", when you should have just used the more general category of "back pain or lower back pain." We put ourselves in a box sometimes by being too smart. We aren't doctors, well at least I'm not. So our self-diagnosis isn't going to work. If you appeal, it is a supplemental claim. For back and knee or other joints especially, generalize the disability you are going for. It won't fly with your symptoms UNLESS you can get a doctor's diagnosis that that is exactly what you have. So, you have to file a new claim, not a suppl
    2 points
  43. CapnHaddock Every claim is different because our situations, facts, time lines and evidence are different.Regulations, laws and VA procedures change over time. But I think your path is one followed a lot. You said it yourself. You spent the time and effort to check out the VSO to make sure he was going to be on the same page as you. And equally important for all of us to remember, each and everyone of us is driving the boat: if it doesn't work out we, no one else is ultimately at fault but us. You dropped the ball on submitting the hard claim after your ITF. That's on you. The veteran who says
    2 points
  44. A good VSO can save you a ton of time. I asked around and found one that had a fairly good track record. I prepped the file for him and provided him all the info he needed. Our combined efforts resulted in a solid 80% on the first shot. I then submitted an intent to file and about 352 days later it struck me that we had not submitted the claim. He had forgotten as I had. The was my fault - it is my claim. It is your claim - never forget that. That claim moved me to 90% and a rejection of my ITF because I took to long to submit the claim. I appealed the 5 major items the VA didn't like
    2 points
  45. My suggestion would be making sure you fully understand what is going on. If this is a proposal to reduce then file for a hearing if you disagree and if this is a straight-out reduction, then file a NOD, there is a big difference. As Bronco pointed out to me the other day, a veteran can not file a NOD on a proposal to reduce but the veteran must request a hearing if the veteran’s symptoms does not warrant a reduction. As to your combine rating. You should consider all other conditions/disabilities that you may be experiencing in filing additional claims. Mental health disorders, respiratory d
    2 points
  46. VietNamVet1969 Good question. When they pay you 100% temp, they are not paying you for SMC's because your 100% isn't permanent. No, not for the scar; that would also have to be submitted as a new claim. Look up the criteria for scars, by the way. It isn't as straight forward as one might think. You could submit for those when you get a permanent rating, 100% , 40% whatever. They are independent. Since they are new, your lawyer wouldn't get anything I should think because it isn't an appeal. The legal beagles are paid on a % of your back pay won which accumulates over the time period of the app
    2 points
  47. Brother, it's a tough row you have to roe. 100% after surgery is a temp rating. After a period of time, in your case 3 1/2 years (which is longer than most granted by the VA after that surgery), they are to eval your current symptoms and rate you accordingly. Those factors you refer to are for normal disability ratings; your 100% rating was a temp one. So, IMHO, I don't believe you should be challenging the conditions for reducing. You probably should be arguing the symptoms of your residuals. You must reply to the letter from the VA right away that you are challenging the reduction. There are
    2 points
  48. Make or tab access to 38CFR, especially part 4. Google and do the same for VA M21-1 manual. Read. Start to understand what the law says and how the VA interprets it by their process and procedures. Read. And READ some more.
    2 points
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