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Showing content with the highest reputation since 09/15/2020 in Posts

  1. Welcome ShuMan Great to have you aboard. Additional set of eyes (and opinion) is always going to benefit everyone.
    2 points
  2. If this is a life or death emergency, and it sounds like it is, get your treatment privately and worry about who pays for it (insurance, VA, etc., etc.) later. However, you can try calling the presidents hotline, some have had good results with that. There are several "progams" available, and it sounds like your son is slipping through the cracks. Source: My son was into drugs and alcohol. It hurt me so bad (maybe worse than him), that I went crazy. I knew something was wrong with my son, but not sure WHAT it was, as he kept it hidden. So, I went off the deep
    2 points
  3. First of all stay with your son if you think he maybe in danger or danger to himself, here is what I'd do AND I am not so sure it would work. Take your son to the private emergency room the closest one to you, tell the Dr what is going on, the Dr needs to examine your son and if the Dr thinks he needs to be in a detox facility because he is a danger to himself then ask the Dr to call the VA and let the VA know your son is being referred to a detox facility.from this private emergency Doc...as long as the VA Knows this is a medical emergency...they will give their permission for your son
    2 points
  4. "If" the reasons for SSDI are conditions to which you are all SC by the VA, this is prima facie evidence for tdiu. You need to fight them on this, you should win. Still, with VA you have to show you can not do "Any" job, not just your current job, as Foxhound6 correctly observed. This may take a Voc rehab assesment to determine your suitability for retraining. For example, if you could not work due to knee problems in your warehouse job, a voc rehab assesment could determine whether you were a good candidate to be retrained, say, as a programmer or accountant, that did no
    2 points
  5. Added a news site you can view it at http://hadit.info
    2 points
  6. My opinion is you would not WANT to do a HLR or SCL more than twice. In fact, I am not sure they are a good idea ONCE. Regardless, the procedure is, if denied, and you wish to appeal, take it to the next higher level, as explained below. I think you want to get your claim to the BVA as soon as possible, when denied. Res Judicata suggests you an only appeal a HLR or SCL ONCE:
    2 points
  7. My suggestion is that you call 800 827 1000 and insure the BVA decision under your file number is your name. When I received my 2017 decision and waited 6 months for payment with nothing happening. Checked the problem and found a negative decision a month earlier with my first name but a different last name had been entered under my file number. Took another 2 months to correct that and get my 9 years of back pay. My April Executive Director, Compensation Services / DROC decision took from April to August because it was over $250,000.00 in back pay back 2009 to 1985. There were a hal
    2 points
  8. dtoney2000 Sorry, but you have to provide a bit more info so we can help. What exactly are you trying to accomplish? Do you already have a disability rating from the VA? Did you recently file a disability claim and haven't gotten a decision yet? Was it denied? If so, redact your name and other personal info in response and post it on this thread.
    2 points
  9. I hear Dr Ellis out of Okla city is a great with Veterans and writes up very favorable IMO/IME's The only thing there is the Veteran needs to travel to him and they have a Motel near by his clinic, this Dr will need to examine you in person, now unless he can give his medical opinion without examining you? which Dr Ellis is a honest Dr, you can call his office and talk to the clerks, I know 2 veterans that have used him and won their claims based on Dr Ellis IMO/s but the only thing is they had to travel to him..His.IMO were fairly reasonable if I remember right his IMO Letters are dif
    2 points
  10. Shrek It may be worth a 30% rating See this case https://www.va.gov/vetapp14/Files2/1419164.txt Citation 1419164
    2 points
  11. Shrek If I understand your issue, you have to get an IMO from a specialist that will eval your conditions and say that it is difficult to determine how much pain is attributable to one verses the other but based on their rationale is is more likely than not that x (the higher rated condition) contributes pain more than the other. Not easy to get I would think but get a doc like Arnise or Ellis to consider your situation.
    2 points
  12. Me too and I feel your PTSD claim is solid.
    2 points
  13. Thanks everyone for all the help. I'm glad I found this forum.
    2 points
  14. i thought you might find this article helpful https://www.hillandponton.com/part4-rating-ptsd/#:~:text=This condition is the 6th,of PTSD at some level.
    2 points
  15. Also Remember You will need to be diagnose by the VA Dr's psychiatrist or psychologist and a VA L.C.S.W. can also diagnose PTSD they are the ones you normally see when referred to them by your Dr or VA PCP the Dr signs off the the L.C.S.W. Diagnose. THE L.C.S.W. is the first person a veteran sees when getting help for his MH Issue If your claiming MST I can only refer you to the MENTAL HEALTH COORDINATOR FOR EVALUATION. Just remember anything you say you can back it up, when you go see a C&P Examiner this is when things gets fairly rough and you may become emotio
    2 points
  16. If they are VAMC records we’ll grab them automatically, though if you’ve gone to more than one vamc it helps if you tell us that. If they are private and you don’t tell us about them we don’t know about them. If you do, we’ll request them, but if you have them-vamc or private-it’s faster for you if you just upload that. c and p still uses dbq they just get updated every so often.
    1 point
  17. I hate to go this route, but the VA hates bad press. If it is to that point, I would seriously consider getting them involved if there is no other route. I would also keep calling your senator and let them know you are going to go to the press, and the reasons you have to as you can get no help from them. Also if it is an emergency, I believe you can take your son to the closest hospital. Someone correct me if I am wrong. Remember if you think it is an emergency then it is! Then maybe you can get another doctor to refer them to a program or something. Like GBarmy said keep fighting!
    1 point
  18. ApolloBolling It's what we call the Hamster Wheel. Bouncing back and forth between Review and Gathering. Happens frequently. You're really not going to get much of an explaination from Peggy. My guess is that the RO asked for the C&P examiner to get some specific info, and what they received back from LHI wasn't adequate. They could have missed something like some point for range of motion or put in a value that doesn't make sense. In any case, just do it; don't blow it off as you would be denied. You may get your decision before, but request a copy of the C&P exam after 30 days from t
    1 point
  19. lhecker51 I assume you have used the crisis hotline 800-273-8255. I'd be on that constantly. The only other thing I would try that jumps out is the whitehouse hotline 855-948-2311; they may just refer back to the crisis hotline, I don't know. Don't give up! Keep at it.
    1 point
  20. NOD is a Notice of Disagreement with a VA decision made by a veteran or his/her representative within one full year of a VA rating decision. That simply means that the veteran can file a NOD with or without new evidence. The veteran keeps the benefit of doubt and his or her effective date all the way through his or her appeal. It is best to file a disagreement within a year. Cue claims are different and harder animals to kill but Ms. Berta, Bronc and myself have killed those suckers a few times but for me it is a last resort because it is very fickle and you can file them all the way to
    1 point
  21. Ms.Berta and GBArmy, as I did agree with GBArmy's post that this veteran may very well have a Cue claim. My post was trying to show that this veteran just received this decision last week. Yes, the veteran probably has a Cue claim, but it is a lot easier and simpler for the veteran to file a NOD. Both a Cue claim and a NOD would have the same results but filing a NOD is a lot easier/better since the veteran is within his/her appeal rights. I may be wrong but a lot of post recommend filing Cue claims and I have no problem with that either but I say that if a veteran is within that one
    1 point
  22. I saw a comment on the internet that implies that you can only submit two appeals for any mental health condition as a supplemental or a HLR. After that, a third try you must go to the BVA for appeals. Does anyone know if this is correct and is there a reference we can look up?
    1 point
  23. According to this, we are looking at "about" 1.3 percent Cola, but It could be better, or worse! However, most noticed food prices went up in the past few months. I am gonna guess 1.5 percent or better. My guess only. https://militarybenefits.info/cola-increase-watch/
    1 point
  24. If you and or your representative are not well versed/familiar in book chapter an article of Cue claim, I would not file a Cue claim. Yes, you may very well have a Cue claim but why file a Cue claim and shoot yourself in the foot. I say shoot yourself in the foot because filing a Cue claim raises the threshold standards and makes it harder to win your benefits. Keep in mind that when a veteran files a Cue claim, he/she loses the benefit of doubt. You are well within your rights to simply file an appeal, HLR, Supplemental and or BVA. It is your call and the results would absolutely be the same
    1 point
  25. I agree with Foxhound 6. If you submitted the SSDI info, and they didn't acknowledge it in the evidence, I think it is a CUE. So make a big point of that; it is significant evidence. HLR would normally be the way to go if they miss evidence, but I'm not sure either because of the special nature of TDIU. Others should comment.
    1 point
  26. In the decision you received, yes, there should be a list of evidence that the VA reviewed. I am not sure what they would list something from SSA as but I would think it would be obvious in the list. If it is not listed, I would say they overlooked it. The next thing you could do is point that out to them. The exact way to do that, I am not fully sure. A Supplemental would require new and relevant evidence. Since this is something you believe they already had, you may need to try HLR? Someone with more knowledge of an issue like this will surely chime in to shed more light for you s
    1 point
  27. I think many (retirees) dont get the significance of COLA. I would explain it like this. If you had a swimming pool, and were trying to fill it with water, you could put a hose or two in there, and fill it in a few days. However, if you didnt stop the "pool drain", then it could take a very long time, with water both going in and out. Back to our retirement, we have inflation every year (or more often), and then we have Cola. To the extent inflation exceeds our Cola, we "lose" money (in real value) each year. We often dont notice it every year, but, if you look at real o
    1 point
  28. I think the supplemental lane you can add new evidence but on to the HLR Higher level Review you can't add any new evidence . This in my opinion is just to get the claim that was denied in the supplemental Level and on to HLR its just a repeat of that claim by a DRO OR SENIOR DRO...TO REVIEW TO WHOLE ENCHALDA to see if any mistakes were made in the supplement lane that would maybe render an approval. If the HLR DRO denies the claim then on to the BVA SOME VETS JUST GO ON TO THE BVA & SKIP THE HLR. As for as Appeals a Veteran has the right to Appeal all the way t
    1 point
  29. I wish i could give you definitive. i know for all appeals now you can go supplemental if you have new evidence, HLR to review decision and if denied there you need to go to BVA unless you have further new evidence and then cavc after that. you cant make a claim be denied and then just keep resubmitting it.
    1 point
  30. "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." James, I will listen to the show later today----I am stunned at what you have been through- I can only add on thing to what you said above: Every vet should check every medication the VA prescribes to them. In my FTCA case the VA admitted to misdiagnosing heart disease s
    1 point
  31. Yep so this further proves the point of you either get scaring or general rating for skin.
    1 point
  32. th175 Welcome to Hadit. The best advise I think you could get is to ask your doc what does he think has caused your back condition. I am not a doctor and am willing to bet you aren't one either. So the VA doesn't really care what we think about what caused your disability. Only thing that they care about is the medical opinion and reasoning of a doctor. It is called an IMO. They state the cause, "x' has caused the s-c condition. Why it happened and a statement that states that in their professional opinion, based on years of medical practice, study et. etc. it is at least as likely as not that
    1 point
  33. Thanks for posting this is the main forum- I dont do PMs or emails or profile questions because- if I give inaccurate advice , there is no one to correct me. And because this is a public forum, it means the replies that help one vet might help many more. We gets hundreds of a guests a week , who often formally join hadit- to tell us they got enough info here as a guest , to succeed in their claims. Can you scan and attach here the 2016 denial for the MH issue, as to the Evidence list and their rationale for the denial? Cover your C file # ,name, address prior to scanning
    1 point
  34. Given that the caller knew about your recent C and P exam, its likely this was legit. For example, people call me from "Windows" to tell me my computer is infected. That is impossible, because I dont own a Windows computer, I have Linux Mint and Apple. No windows. We really do need to watch for scams. They are getting better and better. They used to call me claiming to be from "my bank". Well, "my bank" knows the name of the BANK!! They dont tell me they are from "the bank". Instead they give the name of the bank. Ditto if they are from "mastercard visa" to reduce my inte
    1 point
  35. Ken Can't say this has happened to me but get on the horn immediately and call the QTC office where you went. They usually get those exams out quickly, like in a couple of days; that's how they get paid. Leave a detailed message with the examiner you had and ask for a call back. If that doesn't work, ask for the manager. You want that report to go to your RO right away. If they screwed up, maybe the examiner can piece a report together based on his memory? Tricky, maybe. If it isn't caught in some stupid hang up, you may need to get another one.
    1 point
  36. Pretty much, yeah, except we don't call. We get the pending counts from all the contractors every day uploaded into the system and so it assigns based on distance and overall case load- except that at the moment they are ALL backup up a couple hundred based on my last looking on Friday, and not all VAMCs are open for every type of examination yet. Sometimes we yank someone that has been languishing in exam hell waiting for one from a contractor to a VAMC or vice versa, too, if we can identify how long they have been waiting and availability at another location, to try to get things moving alon
    1 point
  37. What this simply means it that your current disabilities are not likely to improve and they will last for the rest of your life. Outside of you filing a new claim VA will not evaluate your conditions and if they do, you will most likely keep your ratings. Now that you have a request for an EED, that may change your effective date and you may be awarded a new effective date with a retro payment but don't hold me to that. VA has been fighting me for the last ten (10) years and finally caved in and granted/awarded my 1998 claim but I am still waiting on VA to implement my rating.
    1 point
  38. Pick from this list: https://www.vetadvocates.org/cpages/sustaining-members-directory You can get an attorney near you, or a "national" attorney can represent you. Some names Im familiar with: (You may have to contact multiple ones, its not unusual for them to decline to represent you. They are mostly very busy, and expect one or more to decline your case. It does not mean you can not win, it could mean they are not experienced with effective date law, or, that they are so busy they are not taking new clients right now.): Chris Attig, Attig Steele: https://attigcurrans
    1 point
  39. I took a bit of umbrage at the 'Sit on claim' statement. I started filing claims in 2002- so, at the time, that statement was true. At the time, a VSR would get a claim(s) and work it through completely from beginning to end- literally- until rating. And with having to order NPRC records, or PMRs (21-4141 stuff), or employment statements (21-4192) all that took a long time. Still does, but at least now if one or more of those forms are submitted ANYONE can work the claim out of any of the ROs unless its a special claim like MST or exposure, or AO/Radiation, etc. I've seen the system gradually
    1 point
  40. If you had this condition more than 10 years you can request they cancel this exam. you might let them know your condition has not improved , and they most likely will cancel this exam. Now if you ask for a increase thats a whole new ball game...they will send you to a C&P for that. Sometims going to a C&P Exam is a benefit to the veteran as they may see your condition has got worse if that's the case an increase could come ,by a secondary condition that your original condition caused or is related to, now being that your already 100% that increase needs to be at
    1 point
  41. Broken Speaking for myself, there is no need to apologize. We all have bad days, maybe more than our share I think. For sure it is great that you work at the VA and are able to give back to veterans that is very uncommon. We, too try to help our brothers and sister veterans in our own way, here and in other ways. But you provide insight and a first hand knowledge that Hadit really needs and is tremendously helpful to countless people. IMHO there isn't anyone using this site that's perfect, and that includes me for sure and probably you as well. Not to worry. Keep on helping out as well as you
    1 point
  42. You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community. Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction. You all made that possible. Thank you.
    1 point
  43. This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA. VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
    1 point
  44. I usually come to answer questions, but I started out asking them. I dont often get "stumped" anymore, at least not when it comes to benefits. However, I still have areas where Im still "weak", such as on DIC and widows benefits, thank God we have Berta for that. Im pretty sure I have answered at least 12,000 questions. Years ago a school teacher told me, "You dont really learn something until you try to TEACH it." I have won all my benefits, back to 2002, even tho multiple Vets advocates, including more than one attorney, said that would not happen. Persistence, preperation an
    1 point
  45. Thank you Ms T , had you never got hadit going most of us would not be where we are today and all of us vets old & new We thank you from the bottom of our hearts for that . I am grateful to you for getting hadit going its a wonderful site and after were all gone ,I hope and pray these new young veterans will keep hadit .com strong as it always is. hadit has been a therapy for me when nothing els works except the hot-line # when I am down and depressed and my anxiety gets the better of me and I can't think Hadit and its members make me want to live and be a better m
    1 point
  46. If any Hadit members have an ongoing in Process IMO/IME from Dr Craig Bash should call Skip at 925 381 7571. When you call have your information with you. Dr Bash's west coast operation was burned to the ground during the California wild fires and a lot of records were destroyed. Basser
    1 point
  47. Not trashing him but this was the doctor who wanted 10k for his report.....just a heads up down range unload show clear!!
    1 point
  48. A final thought here....most CUEs occur when the VA has given a disability a NSC rating in past decision, unappealed, which subsequently became SC. One can assume that the rating (although NSC in the past) was certainly based on established medical evidence,that VA had in their possession at that time. So one can assume that a future award for the same disability, as service connected, meant VA had probably committed a CUE in the past unappealed rating decision. There are many successful CUE claims BVA links , here at hadit I am sure,granted by the BVA on that basis. Unfortunately we don
    1 point
  49. http://www.japantime...20120214zg.html “By JON MITCHELL The U.S. Department of Veterans Affairs has awarded two more former service members compensation for exposure to Agent Orange while serving on Okinawa during the 1960s and '70s. An army truck driver who came into contact with the dioxin-tainted defoliant as he unloaded barrels at Naha Port in 1966 is receiving benefits for lung cancer attributed to his exposure. The second veteran, a former marine stationed on the island in the early 1970s, developed Hodgkin's lymphoma and type 2 diabetes mellitus as a result of his work with conta
    1 point
  50. 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
    0 points
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