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Showing content with the highest reputation since 10/13/2019 in Posts

  1. 3 points
    Paul's hit it right on the head; perfect example of the htn. Just because your b/p is under control, it doesn't mean your disability is "cured." One thing though that you should remember: if you get a letter requiring you to go for re-examination of your condition, a C&P, it is very important for you to attend. It isn't going to mean that your disability will be taken away, they want to update your condition status; sometimes, it is worse and an increase in rating could come out of it. They can't just take it away anyway. There has to be substantial and sustained improvement for them to reduce your disability, and that means it can't be done because of one follow-up C&P. You could appeal and show you still need it.
  2. 3 points
    I do not think it is just you retiredat44. I too am seeing an increase in times to get things done. An NOD did not take two years previously. That is what I am seeing. As far as the care afforded I am seeing some positive lights. I no longer have to travel three hours to a hospital to get specialist care, they are providing it near my home. I will never fully trust the VA to do what is right though. As far as your situation, being sick makes things look less bright. Try your best to see something positive, be it family, or something else. Try not to let the negative get you down.
  3. 2 points
    @paulstrgn, @Buck52, and @GBArmy, look what I found - the laws governing SDVI and it appears the VA may be wrongfully denying because permanent/total veterans are still working: There are two key sections here: U.S. Code § 1922.Service disabled veterans’ insurance https://www.law.cornell.edu/uscode/text/38/1922 The above routes you to this one regarding the total disability waiver, which is : U.S. Code § 1912.Total disability waiver https://www.law.cornell.edu/uscode/text/38/1912 If I am reading both of those correctly, it does not appear being employed is grounds to deny the waiver. What do you guys think?
  4. 2 points
    On what basis did the VA find your independent medical opinion inadequate to link your GERD to the treatment you take for service connected asthma? If your private doctor can address that point, you can submit a supplementary review request if you want to try to keep it local at the Regional Office. If you can’t or don’t want to get new and relevant evidence, you can file a higher level review request with the Regional Office. If you no longer want the RO to handle it,, you can file a Notice of Disagreement, with or without new evidence, to the Board of Veterans Appeals in Washington, DC. Personally, we have had more success with the Board correcting the RO’s lack of thoroughness and accuracy with many of my husband’s appeals. My husband had two DBQ’s by treating physicians completed and submitted for secondary service connection for GERD linked to pain meds taken for service connected conditions. The RO denied with no C&P exam. We were under the old system pre-AMA, so we submitted a DRO review request. This resulted in a Rubber stamp denial, again with no C&P exam. We then appealed to the Board. The Board granted the claim for GERD without a C&P exam.
  5. 2 points
    @jfrei, from what I am understanding, if they get their way for Medicare for all our healthcare will go the way everyone else's does. We will be forced out of Tricare and ChampVA. You will only be able to have supplemental coverage to cover what Medicare for all does not cover. The VA will still exist and we might be forced to get all of or care there, I am not sure on this. The worst thing about this is that you will get all of the care deemed necessary for you. They don't deem it necessary and you don't get it. This is the Congressional Bill for 2019-2020 Medicare for all program. https://www.congress.gov/bill/116th-congress/house-bill/1384
  6. 2 points
    Shrek is correct, never wait to file. I would file today and also bring all of this with me on 11/6 for the hearing. Be as proactive as you can when it comes to filing new claims. Good luck with your hearing.
  7. 2 points
    My word @Vync. After that I have nothing to add. You should write a book about applying for benefits.
  8. 2 points
    Killemall, I have been to in person hearings for the BVA and NOD's. My rep was always there. At one my rep asked few questions of me but otherwise sat there. Try to feel your rep out before the hearing. If he is willing to sit down with you and discuss the hearing he might be good. If he does not have time for you, you might want to find someone else in the office. If they ask you why explain that you have a very important NOD coming up and want it to be well thought out and planned. I have learned that some reps are just marking time like the VA which employs them, yes the VA employs your reps. Good luck.
  9. 1 point
    Good luck! Give it a couple of weeks and you should see it appear on va.gov with an estimated completion time.
  10. 1 point
    Salty I am in Virginia and all I need to do was submit the letter I generated from eBenefits stating I was 100% P&T (it was unsigned). It took them a week to approve it, they sent me a letter to send to my mortgage company to get the property tax stopped from coming out of my payments. My P&T was actually retro back to August 2018. Did you call your county tax assessor to ask them? What state do you live in?
  11. 1 point
    Globe2280 If you are still active, what you have to do is attend the PT sessions and exams as required. Be sure to ask for copies of your events in case i.e. your medical str's. You may have to appeal when you first get out and it is a wise person to get copies and save them for any medical event you have in the service. Prior to processing out you have the opportunity to see specialists that are supposed to guide you thru the procedures for medical claims/medical discharge. Get the advise.This holds constant no matter what your potential claim will be. Once you are out, if you have to submit new clains, come back here and we can help.
  12. 1 point
    This is some great info Broncovet, thank you again for your time and patience. I kinda of figured that is what the VA was trying to do since that I have filed for this condition 4 times within the last 10 years and had been denied on all. Thats why I did my research and found that flatfeet can cause knee problems. Prior to the C&P exam as stated before, I had my primary care MD do a physical and a DBQ for me which he has been my PCP for years. I did do my research on my C&P examiner prior to my exam, and found out that she was a MD as well. My Doc have been dealing with me for years, the examiner only dealt with me for maybe 45 minutes. Both are MD's. Conflicting exams. I did not surrender my dbq from my PCP to the C&P examiner. I really do see how the VA tries hard to deny. Thats why I believe this is a good cite for Vets to get great knowledge. I have fought for my country and survived combat tours. Now I have to fight the VA and hopefully I can survive through this battle.
  13. 1 point
    Does he have any other disabilities? Can you scan and attach here his last denial, to include the evidence list? (Cover his C file #, name, address prior to scanning it.But we need to see the date)
  14. 1 point
    If you informed your doc but he is a civilian doc, I wouldn't go for an increase now, but, if required you to go for a new exam, I do not think you have to inform the VA that you were in an accident. If asked, tell the truth, but I do not believe you are under any obligation to inform. You answer the questions asked, you do not have to offer or expand on answers not asked, I just wouldn't request an increase now. Wait and see. You are not a medical expert, so your opinion on whether your accident caused a worsining of your already s-c disabilities doesn't count, so why offer it?IMO
  15. 1 point
    Same but it is the VA lol
  16. 1 point
    I am 100% P&T. I have called the toll free number for the VA life insurance and have been given conflicting information. The first person I spoke to said I am not eligible to apply for the waiver of premiums on a $10,000 life policy because I am working, the second person said I need to apply for the waiver and see what they say. He said I may or may not be given the waiver, he said you won't know until you apply. Does anyone have the SDVI for $10,000 and is employed get the premiums waived? I only want to apply if the premiums will be waived. I am also under 65 and it has been less than 2 years since my last new disability. Thanks
  17. 1 point
    Thanks! Really glad to have found this site and even more excited about the volume of knowledge and help pertaining to VA Disability Claims and experiences. I am here to help (when I have more knowledge) and share my own claims journey as well. I am in the beginning stages of opening a claim and don't want to make the mistake of overlooking anything and not preparing adequately. Thanks again for the forum and knowledge.
  18. 1 point
    In addition to the great advice above, there are a couple of routes where pain can be a factor: 38 CFR 4.40 and 4.45 reference DeLuca For musculoskeletal disabilities involving joints, the VA is supposed to note where painful motion begins and also maximum ROM. Painful motion is considered limited motion and they should take the ROM where painful motion was observed, not the maximum ROM. I recently filed a CUE claim for this exact issue. In 2000, the VA used the max ROM to determine my rating percentage, but totally ignored the ROM measurement where the doc noted pain beginning. The max ROM was 2 degrees outside of the 10% criteria, so the VA used 4.59 to grant a minimum of 10%. In reality, pain began in the 20% range and they should have granted that. That's why it is always important to double-check your C&P exam against the rating criteria and the rating decision to see if they screwed up. Just keep in mind CUE is not simple, must be very specific, must be for a claim that has been finalized (cannot be appealed), and be based on the laws/regs at the time the decision was made. Pain which causes economic hardship This was afforded from a recent court ruling where a veteran had a lot of difficulty working because of SC disabilities. The VA tried to say pain was not a disability, but the court overturned their decision. I'm not fully versed in what has happened since, but I believe it has to severely impact your earnings ability to get granted. Pain causing MH issues, like depression/anxiety If you have treatment records attributing depression/anxiety to your SC back issue, they can help lay the foundation for this claim, especially if you went to counseling. If the VA denied MH as secondary to your SC pain, check the rating decision's reasons and bases section to see exactly why. If you want to post the details here for others to offer an opinion, just be sure to redact/omit your personal info. Check the C&P MH exam and rating decision's reasons and bases section thoroughly to see why the VA denied MH as secondary. You can post that for others to review, but just redact/omit any personal info.
  19. 1 point
    I requested a higher level hearing for a claim about 1 1/2 months ago. I called PEGGY tonight. They said it was still in the email portal and was not pulled out because they are back logged. Any had this happen to them?
  20. 1 point
    If (an this is a big IF) this happens, the middle class will be taxed, taxed, and taxed. Excellent world map above in Bronco vet's post. My husband (who spent time in the UK can tell you all about the two-tiered health system) was very glad to come home to the US.
  21. 1 point
    This one is simple. Remember to research and you'll find everything. §3.350(a)(2)(i)(a),(b) (2) Foot and hand. (i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example: (a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved. (b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot. VA is adamant that you have a doctor state in no uncertain terms that "no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance." Even then, VA will fight you on this. I've had doctors state it in haec verba and still have to appeal to the BVA to win them. VA doesn't like granting the higher levels of SMC- especially LOU of both lower or upper extremities. It's easier with Parkinson's. Just get your neurologist to state you have an immense fall danger and that endangers your perambulation. You can also rely on Tucker v. West; Jensen v. Shulkin; §3.809(b); §4.10 and a few others. Remember, the injury has to be separate and distinct from any other disease or injury to try to get to SMC o/R1/R2.
  22. 1 point
    To add, "A recent ruling by the U.S. Court of Appeals for Veterans Claims could accelerate adjudication of thousands of veterans' disability claims appeals, but only for cases awaiting certification from the VA. [more]" https://www.nvlsp.org/news-and-events/category/agent-orange This is one that was granted already- I posted two more here the other day- and there are more I am sure- The fact that some BWN vets on appeal ,have found a large payment in their checking accounts recently from the VA ,tells me the payments are getting out faster than the award letters. This is not unusual, many of my awards came with a payment first and then the award letter arrived. I think the BWN vets who have already been awarded under Nehmer are Footnote One vets....meaning they had a AO disability rated and deemed NSC in a past VA decision that denied for AO disability because they had no boots on ground until HR 299 and Procopio!!!!!! BVA pulled those claims and awarded them on an "accelerated " basis! I have about 20 more to read at the BVA.
  23. 1 point
    Jerry Wright was out this way ( NY) a few months back. I see the point of the bill, but I have 2 bills I am concerned about- and have not have time to see what the status of them is yet.One I wrote and sent to Cong. Roe and one is in the Senate , S 221.( that arose from my OAWB complaint but I had to re write the whole thing and send it to the sponsors- none of them were veterans and none ever dealt with the VA. Next to AO VA malpractice is my biggest issue and this is what those bills are about. Can Wright join us here? If we get anywhere near the BVN AO claimants that VA thinks will be filling claims, we can use more help on that. I hve no idea yet if the 70,000 plus Sec WIlkie expects includes the surviving spouses or adult children ,if the spouse is dead, who would have a right to file claims.FINALLY- I have been waiting for this issue to be resolved for almost a decade or maybe much more . Since the BWN AO was signed into law, I have recently put most of my time and help in regards to that issue. Wright does have a google footprint but I did not see what he actually does, in getting the word out to vets to file their claims for any presumptive.This is the problem we are having ( BWNVVA) but the VA has actually started to work (and pay) those BWN claims- they even did out reach to over 70,000 vets---and this was not what we expected at all. I just found this out last week. I thought we would have to wait for the claims Stay to be lifted and that lawsuit is being heard this week- I think or next week , against Wilkie- but maybe that has been settled already????? Some Blue Water AO vets have already gotten mega back pay----!!!!!!!! I asked many to join here, and they are my prime focus these days.Some of these vet reps are not fully versed in Nehmer and could bugger their claims in a heartbeat. A lot of that work ,however, does not involve this site-but will when I have more info on it. Also I have been dealing with some widows who might have chance for AO BWN DIC and even accrued,,,,but it is difficult to deal with widows, as often they don't know where the deceased paperwork is or what their BWN spouse was service connected for, and even forget what they died from. I ask all of them to come here because I don't handle one to one stuff by phone or email-or they can get a vet rep and hope the rep has a clue on Nehmer (which many but not all. will fall under). Recently we even got an AO IHD claim- the incountry Vietnam veteran had just learned that he had an AO presumptive via the 2010 regulations....that he just found out about- This is my concern with this new member's father. Just think- if he had filed a claim, and continued to pursue it- it is highly likely that he has at least one AO presumptive-and if he had attained 100% SC P & T for anything long ago, his daughter as a minor child then ,would have been eligible for medical care under CHAMPVA and his spouse. as well. It is a hypothetical statement,but I fear is true for many,many veterans who just gave up if they got denied. We must NEVER give up.
  24. 1 point
    Wow! No other words for that debacle. Completely despicable to treat our Veterans that way...
  25. 1 point
    I, too are sorry for your whole family. There is a new bill , Agent Orange Exposure Fairness Act of 2019 recently endorsed by DAV and AMVETS to remove the time constraints for several Agent Orange diseases. It is by Rep. Joe Courtney from Ct. His office has a lot of info on the subject. There is a Vietnam Veteran named Jerry Wright from Andover Ct. who has championed this cause, going across country, calling attention to this injustice. He is the most knowledgable layperson I know about the subject. I only have his cell phone, but if you message me, I can provide it. He may know of an avenue for help, like medical studies, etc.
  26. 1 point
    I know it is easy to say but try to relax about your PTSD/MST exam. Yes they will make you go over uncomfortable things and it may seem to be an inquisition. The examiner is just trying to get all of the necessary information so he can make a decision. They expect you to be nervous and not have fun recalling details. Do not get angry or mad at the examiner, he/she is just doing their job. I have been through six or more and have had all manners of examiners, each has their own style but usually they are very good with you. If you draw a jerk for an examiner, which I have, and they are goading you just remember not to get mad, if you do you lose. Don't drink coffee before your exam unless you need it to function. Go in appropriately dressed and fixed up like you would when you normally go out. Always be honest, even if it hurts. If you are caught in a falsehood you lose. Any special records that have a strong bearing on your case bring along and offer them to the examiner. The VA is supposed to provide all of your records but you may already have a file several inches thick and it is hard to pull all of the necessary information out of them in the time they have allotted.
  27. 1 point
    Its like setting on your back porch talking with your buddies about these issues...that is what we are doing Buck minus the back porch!
  28. 1 point
    LJM I don't know if you can call for him either, but try it and see what happens. If it doesn't work, try call the VAMC patient advocate and ask if you can be somehow added so they can provide info. Certainly this isn't a new problem with veterans dealing with the VA. Let us know.
  29. 1 point
    Hi LJM, It is great you have done this all on your own! We can help you push it to the finish line. You are in the right place to make that push! I am at 27000 area of the appeals process. My appeal is at the stage of getting my Rep to write a brief and then send it back to the law judge. So for your claim no it should not take that long at this phase. You have done the waiting and it is now you should push. Here is what I have done and it has worked. Each phase I continue to call and make sure they know I am still here! Once I know I was granted I called and started to let them know I had seen the grant and wanted to know when it would get applied. It took me 8 months figure out to call everyone and finally got the congressman to help me. Now my remand is back the judge and I have let the VFW know I will call each week until my brief is submitted to the judge. I then called the BVA and let them know the brief would be completed in the next two weeks. They informed me my number would put me to the front of the line and as soon as it comes in I should hear something with two weeks and if not then to keep calling until it was resolved. What I am saying is keep pushing and this stage does move much faster once you are here and by calling you are keeping them aware you are waiting! It has worked for me so I will keep going at it until I am finished! Keep fighting! you got this!
  30. 1 point
    Just a thought: have you considered calling the White House Hotline and/or your VSO?
  31. 1 point
    He should send the VARO a copy of his BVA award, and a copy of the fast letter, and in a cover letter, ask them to apply the Fast Letter to his BVA award. Maybe he could do that via ebenefits- I am not sure-and I forget if IRIS accepts attachments. If he uses snail mail he should get a proof of mailing. Writs of Mandamus-they can be an effective TTOOB *** I filed a Mandamus writ long ago, knowing the court would deny it ( I paid the filing fee but a vet shouldf always ask for the filing fee to be waived. In those days lawyers would get contact info for the writ claimant of the CAVC web site, and contact the claimant. I got 15 or more letters from lawyers and a few calls- but when they heard it was a Mandamus writ ( they could not tell from the filing in those days) they didnt want to get involved- most Mandamus writs are denied-but sure not all of them- so no retro assumed- no lawyer interest...BUT One of the lawyers who called me was Ken Carpenter,one of the best vet lawyers around. He was disappointed it was a writ but we talked for over a hour about VAOLA.He said he would want to rep me ifI got denied again on one of my pending claims. The writ I filed was denied but the VARO started to work on that claim, and awarded soon after- *****Still a writ, even denid by the court, can be a tactical warfare maneuver that I call a TTOOB "Take Thumbs Out Of Butts." I dont think you need to consider Mandamus here- the IRIS complaint or email to their director or VSCM should work.
  32. 1 point
    I am with Hamslice and everyone else. When you have the letter read it carefully and see what is happening. They might give you TDIU and SMC. Even if you are 100% scheduler but your SMC is dependent on TDIU you cannot work without losing your SMC. It will say something like you are awarded TDIU because one of your disabilities prevents you from working.
  33. 1 point
    Yes it is time. I was 45 when I lost my job due to service connected disability, I filed for SSD at the same time I filed my VA claim. The SSD payments helped me over in the ten years before the VA declared me fully disabled. If you have been at 90% for some time I would also file for TDIU or unemployability. If you are no longer able to work this is what SSD is all about if you have enough credits to file, if you do not have the credits you can file for SSDI.
  34. 1 point
    I agree with everything GBArmy says, I just want to add that you should be able to withdraw from your 401K without paying some of the fees since you are disabled. Make sure your plan administrator knows you are SSDI so they can save you those monies.
  35. 1 point
    When I found it and put it into a claim. Like a lot of things VA, unless you actually claim it, it don't get rated. So, just because it was mentioned doesn't mean the VA investigates it. I've also found when the C&P examiner finds something during your exam and tells you to submit a claim for it, but puts it no-where in his exam notes, it goes to the date you actually claim it. So, sooner the better. I did wait for my claim to be rated, before I immediately submitted a new claim for the mentioned issue, and was awarded service connection. Lost around 6 months. I usually wait for my current claim(s) to be resolved before I make my next move, but in doing so, I probably loose some coins, Just sayin, Hamslice
  36. 1 point
    Yup using Linux is boring, very boring. Because you're using the computer, for once, as it is intended it for, a tool, and not countless hours dealing with hassles of running level 6 diagnose (star trek joke) every day or spending money on software so it can work with out exploits, viruses, spam, and all other digital cancers. I use Sabayon Linux because I didn't want the hassle of Gentoo, its Gentoo with a GUI. When I first started it was with a Slackware-base Vector Linux. Once a month people would also help you get it up and running for free too. Installfest, just google your major city and linux installfest to see which college linux user group "LUG" and college kids is sponsoring the event.
  37. 1 point
    The best way to keep from going crazy is to get a hobby, even if it is twiddly sticks. You can spend so much time checking and calling that it becomes an obsession. My case was in appeals for ten years, I have been there.
  38. 1 point
    They can request if you tell them to but it’s faster if you get it on your own and submit.
  39. 1 point
    C-files are not in order. But you found the needle in the hay stack. What page was it on in the c-file? Open source software is free and Libra office you can make a spreadsheet of your cfile Page 1-3 states this is your cfile Page 57-61 are labs, normal Page ??? accident report aka needle in the hay stack No, you have to do a lot of things before claiming TBI. I'm half way through the process. Go have a EEG test done and the VA can do your EEG. Do you work now, have private insurance? If so Get a private neurologist. Created separate heavy duty file folders for all of these reports and scans on dvd to put in a fedex/usps express box. Then find a private neuropsychologist and set up appointment to do the "5 hour test," they are not cheap as mine was two grand and bring the fedex/usps box so that he can review your records. I lawyered up with GloverLuck because I hadit with the VA and was more concern about moving on than dealing with the VA circus. Jfrei should comment too, when he sees this.
  40. 1 point
    Thanks @Buck52, I was curious if I was missing anything. I think the rater went out on a limb citing hayes vs brown. I would assume that he is new or just not all there by his denial. I have never seen one written so poorly.
  41. 1 point
    Bradley v Peak made it is possible to be rated 100% and still get awarded TDIU.... Bradley v Peak held that the VA has an obligation to maximize ratings so the the veteran can receive the highest compensation possible. The Court also held that a TDIU rating based on a single disability may satisfy the statutory requirement for a total rating for entitlement to SMC at the (s) rate. It found that the phrase “a service-connected disability rated as total” contains no restriction to a total schedular rating and no exclusion of other total ratings, such as TDIU. The Court noted that restrictive language precluding a TDIU evaluation from satisfying the “total” requirement of section 1114(s) was dropped from the implementing regulation, 38 C.F.R. § 3.350(i), in 1995 following a General Counsel opinion that held that section 1114(s) did not authorize such a restriction. In considering the circumstances of the veteran’s case, the Court indicated that a TDIU rating for PTSD alone would entitle the veteran to SMC benefits. Thus, VA should have assessed whether the TDIU rating was warranted on the basis of PTSD alone before substituting a combined total rating for his TDIU rating, as a finding that the veteran’s PTSD is sufficient, on its own, to warrant a TDIU rating, would mean that the veteran is also entitled to SMC. The Court vacated and remanded the issue for the Board to consider whether the veteran is entitled to a total rating based upon PTSD alone to determine if entitlement to SMC at the (s) rate is in order. So requesting a TDIU rating when a veteran has a 100% rating is not automatically moot.
  42. 1 point
    Thanks everyone, I may punt after-all, because, I don't think its an appeal of the decision for the increase to 10%, but rather, why they didn't use the same logic they used in '18 back in '09. So, the one year thing is not that big and I can come back to this in the future. Possibly a cue, I don't know. But what I do know is I need 40% to get to 100 scheduler, or a bilat of 20 and a 10. So, with that said, a loss of 10% now, might make that harder to attain. I'm at 91 raw points currently. I have a new secondary claim (recently diagnosed and attributable) that I will be working on this winter, to busy now, and we will see where that takes me. Thanks again for the input, Hamslice
  43. 1 point
    I agree with you, so far I think the AMA is moving very quickly. Hopefully they do grant both issues. My HLR is actually going quicker than a claim I uploaded in eBenefits. It was like that when I saw that the VA moved my effective date up.
  44. 1 point
    Thanks for the response Vync. I have been in contact with the DAV for several weeks. My claim was waiting on a 3rd signature 6 weeks ago and the DAV rep had already told me I was granted P and T. It looks like all I need now is the retro and that BB envelope. After 7 years this may be coming to an end
  45. 1 point
    10 months is a lot better than two or more years. I would expect a DAV rep would attend the conference with you. I recommend that you go over your plan with the DAV rep before going in, preferably earlier the better and then again just before the video conference. I say this because I used a rep back in the 90's for my BVA traveling board appeal and they didn't do anything except sit there. After finding Hadit 10+ years ago, I learned a lot. I had an in-person DRO hearing and used a different rep. They called me about a week prior and we discussed the approach and got a lot of questions answered. On the day of the hearing, I came in very early and we went over everything to make sure it was airtight. As far as hearing loss, I assume they would accommodate you. Let the rep help bridge the gap regarding your hearing. After all, they are there to help you.
  46. 1 point
    I am bumping this up because , whether the Secretary adds HBP to the AO presumptives, or not there is still a way to get service connected for it, as the above veteran did. I have claimed my husband's HBP is due to his established AO exposure- He wanted me to leave no stone unturned,if he died due to VA health care , an although we had problems with his care in his lifetime, we had No idea what his true medical situation was....until after he died)and I have been dealing with an audit request that is being worked on ( and that could potentially alleviate further adjudication on two of my pending CUE claims). The end product of all that and this new claim would be the end of turning over the 'stones.' Also our very astute member here, jbasser, has pointed out- if you fall under the AO Nehmer regulations, and have been deemed to have "essential" HBP by the VA, possibly rated already as NSC with a % in any past VA decision, the medical term " essential" ,means no known cause, but the report the veteran used in the above BVA cause is what I am using as well-the same report Secretary Wilkie is considering for any potential new presumptives. This is directly from my claim and it might help someone else: (The 1151 part is expanded on in that specific CUE,that the audit might resolve) ---------------------------------------------------------------------------------------------------------------------------------------------- " "---Claim Exhibits C and D Claim (Exhibit C)for accrued benefits due as direct service connection of my husband’s Hypertension due to his proven exposure to Agent Orange In Vietnam and CUE claim )Exhibit D)for accrued benefits based on my husband’s 1151 Hypertension, as it regards Office of General Counsel Precedent Decision #08-97. I am providing two theories of entitlement. The September 4, 2018 CUE ( Exhibit D) rests on proper application of General Counsel Precedent Opinion # 08-97 and proper EED. Exhibit E Claim ( Exhibit C): I also claim entitlement to accrued benefits due to my husband’s proven exposure to Agent Orange in Vietnam during the Vietnam War, as causing his “essential” HBP.The VA deemed his HBP as essential because there was no known cause for it. However the National Academies Press has published the same study referred to by the BVA : “The rationale provided for the hypertension was that research from the National Institute of Health indicated there was a direct connection between Dioxine exposure and hypertension. “*** Source: https://www.va.gov/vetapp19/files5/19141330.txt *** that is how the BVA spelled Dioxine in the opinion) I include page one and page 8 of that study, as published by the NAP, the same study Secretary Wilkie is considering. Exhibit F pages The veteran in that case had an IMO/IME. The Medical opinion I have is from Dr. XXXX XXXXXX , VACO Exhibit G I also cite https://www.law.cornell.edu/cfr/text/38/3.816, regarding “Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.” I also cite this statement from the VA’s Web site: “If you have an illness that’s not on the list of Agent Orange‒related diseases, but you believe was caused by Agent Orange You’ll need to: You’ll need to: Provide scientific and medical evidence that the condition is related to exposure to Agent Orange, or Show that the problem started during—or got worse because of—your military service Scientific proof may include an article from a medical journal or a published research study.” Source:https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/ On March 4, 2015 the Buffalo VARO denied my September 24,2012 claim for accrued benefits due to my husband’s 1151 HBP. The “examiner’s” report to deny the claim was ridiculous.The VA failed to consider the evidence and medical opinion from my FTCA case, thatI had from Dr. XXXXXX. I immediately filed CUE on the decision. Exhibit H On April 2, 2015 the VA awarded 10% under 1151, “hypertension for accrued benefits.” They gave an erroneous Effective date . Exhibit I But also stated “We have determined that there is no additional entitlement for accrued benefits for this award as the veteran was in receipt of benefits at the 100% rate at the effective date of this award.” This defies the whole point of General Counsel Precedent Opinion # 08-97 Exhibit E above" and so forth- I also added that : "Monday, October 14th, is the 25th anniversary of my husband’s death, Rodney F. Simmons, who died due to VA health care itself,and Agent Orange conditions ,that were malpracticed on.If the VA had sought a medical cause for his HBP, in the first place-November 1988,they could have treated him properly and he might certainly still be alive." November 1988 is the proper EED for his HBP. They gave me the date of his 1151 100% P & T stroke. There is no medical evidence whatsoever that ties in his HBP to his stroke. The VA medical opinion (Exhibit G) clearly shows that his medical care up to the Nov 1988 date, HBP diagnosis, and for the next 6 years, contained "multiple" deviations from acceptable VA health care, to include his HBP It ends with this statement : " All of the deviations hastened his death." The link to the NAP report is: https://www.nap.edu/resource/25137/111318_VAO_summary_table.pdf Under Table S-1 the "epidemiologic evidence is sufficient to conclude that there is a positive association." and than states again "There is sufficient evidence of an association between exposure to the chemicals of interest and the following health outcomes: It lists some of the established AO presumptives, and includes Hypertention and also MGUS ( monoclonal gammopathy of undetermined significance.) I believe we did have a MGUS veteran here-but maybe on another site..... If any MGUS vet falls under Nehmer, they too should file a claim for MGUS as due to AO and use the study from np/edu as well.
  47. 1 point
    There is a lot more to a writ of mandamus than what is listed above. Here is a link to one Ms. Berta wrote back in 2015. By looking at this one it will give you an idea of what to write. You may also want to write an email to the Chief of Staff for the VA. Her name is Pamela Powers, I have written twice to her and had a response back the same day. One of the responses came from the Chairman of the Board for the BVA and the other one was from someone on her staff. If you write her tell her what the facts are and ask for some assistance. If you have had a claim pending 6 years for a review then I would write her.
  48. 1 point
    A happy note to this. In the VA San Diego a clerk asked me to sign a document saying that everything on the document was true under penalty of perjury. I refused to sign the document because everything on the document was not true and asked her to retype the document. She refused and pushed her call button. A VA policeman came over and asked me what the problem was. I explained it to him and he asked the clerk to retype the document. Everything was handled in a professional matter by that VA policeman, of course this was 1986.
  49. 1 point
    Being IU and 100% scheduler is possible. If one condition is considered to cause your IU and you have other conditions that are 60% you are qualified for SMC S. Otherwise you have to be 100% scheduler for one condition and have a 60% other rating. If you are IU and do not have other conditions that are 60% you are not entitled to SMCS so working would not affect you, you would just lose IU. SMCS is about $350 a month.
  50. 0 points
    @ronnieusmc0311 Yeah, the rationale must be adequate. I found this link below that explains a possible link: https://www.webmd.com/asthma/guide/heartburn-asthma#2 Of course, the article does not cite any scientific studies. However, I found this scientific article stating oral steroids (i.e. prednisone) have been linked to increased stomach acid: https://www.ncbi.nlm.nih.gov/pubmed/11834680 The "small population" part may look bad unless your NP indicates she feels this is what you have. Keep in mind too that steroids are great for controlling asthma, but can cause Cushing's either while taken or in long term. Your condition has to be really bad or has persisted for 5+ years with no persistent improvement for the VA docs to state the condition is not expected to improve. Phoenix VA has been in the news a lot, especially for the secret waiting list that caused some veterans to die due to lack of diagnosis/treatment.
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