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Showing content with the highest reputation since 02/18/2021 in Posts

  1. "I am still being told that VA does not consider being on Drill status as active duty" Who is telling you this??, someone from the VA? Don't take for granted what a VSO says, or anyone at the local Legion or VFW. Anyway, before 9/11, Guard and Reserves were treated like red-headed step children of the Military. Ever since the Guard and Reserves bailed the Military's butts out in Afghanistan and Iraq, things have changed. When I noticed the discriminations' when I went to the VA hospital in '08, when anyone asked, I said Active Duty. I have 27 years, 13 active, 14 Guard. Aft
    3 points
  2. This comes up every once and a while. Nothing ever dies on the inner-web. The was a proposal/study to eliminate TDIU when the Veteran reaches the age to get Medicare, etc. I died a short death. But keeps popping up. The study found a bunch of Veterans in their 90's receiving TDIU. However, one (TDIU) has nothing to do with the other (Medicare). The study also found that there were non-Veteran 90 year old's still working. So, a person can and do work at any age, and TDIU is to offset the ability not to work, again, at any age. Case closed. It will pop up again in 6 months,
    2 points
  3. When the VA pays for the exam, they get to pick who to send you to. When YOU pay for an exam such as an IMO (indepedent medical opinion) or IME (Independent Medical Exam), then YOU get to pick the doctor. My advice is as follows: If you know this examiner, you may be able to find out if they are competent or not. This means they are a medical professional with knowledge and experience treating and diagnosing your particular disorders. You can try to find out: Is your examiner a doctor? Does your examiner have experience treating and diagnosing mental health disorders?
    2 points
  4. Pretty sure it would have to be sheltered employment to maintain a job. That's my situation. No way I could hold a job without sheltered employment. For me, I work in a family business and have 100% PTSD/TBI.
    2 points
  5. The HLR reviewer is mistaken. The only showing of a need for a 100% rating used to be SMC S... §3.350(i). (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, That requirement is a
    2 points
  6. I submitted a claim for OSA (secondary to PTSD). I did a lot of work gathering my evidence. I also was assisted by Dr. Anaise with an IME. It was done very quickly and returned for me in time to have it a part of my claim. I was notified that I received service connection at 50% for OSA (w/CPAP). Less than two months from submission. I have been off active duty for more than ten years and was never diagnosed with OSA while on active duty. My sleep study was done about 7 years after leaving active duty. I did have some “sleep issues” noted in service medical records, but not OSA.
    2 points
  7. Both. We look for it and so do they. But Ctrl f doesn’t work on everything and we’re still eyeballing hundreds of pages a day in typed but scanned documents ( doesn’t appear as text when searched for) or hand scrawled op reports, sick call slips, abbreviations that aren’t standardized, etc. that being said, we can’t infer a disability and then deny it either. If it’s inferred it’s because a positive grant can be made, even if it’s 0%.
    2 points
  8. I would go for Sleep Apnea known matter what, because besides it can kill you it also can cause hypertension and heart disease.
    2 points
  9. You can and should file a secondary claim for your Sleep Apnea to your PTSD/,Meds, if you have a diagnosis for Sleep Apnea by the VA it should fly depending on the severity of the S.A.? mild sleep apnea can get you the 50% brokensolider was referring to, if you have severe S.A. THEN THAT WOULD BE 100% and this would open the doors for SMC's You show to have a 100% S.C. rating for PTSD And with the sleep apnea claim depending on what they rate the S.A. .. **Note ** A Veteran Service Connected @100% P&T Original rating and this veteran files for a separate claim
    2 points
  10. OSA can kill you, even with CPAP therapy. If it is Sc it makes it easier for your dependents to file a DIC claim. You can appeal the current decision and keep the effective date vs. filing a new claim, though you didnt claim it initially, correct? It might have been inferred. Does it say 0% or does it just say not SVC connected? They are different things. 0% is a service connected rating, so if you have it 0% SC I would appeal because if you are under CPAP thats a 50% rating on its own.
    2 points
  11. Welcome to hadit. Short version: Yes, I think it is likely a "hill worth climbing" because of DIC for your spouse. Here is the deal. If you die of a Service connected condition, you spouse should get DIC. Or, if you die of ANY condition AFTER you have been 100 percent P and T 10 full years, then your spouse should get DIC. Its all about taking care of your spouse and family after your gone. To ME that is important. I dont know if you have family members who are important to you. Sleep apnea can cause death. (ESPECIALLY untreated). More detailed explanation:
    2 points
  12. We don't update Ebenfits. Ebenefits is its own thing, and it only scrapes data from your Efolder plus its in the middle of transitioning to VA.Gov. phone reps can't discuss results because they can't see all of your Efolder, they are not held to the same privacy standards that we are. As for the exam needed or not needed, that can be fluid. One of us created the exam, and then as the claim worked forward at some point a Quality review person or a rater looked at it (or the VSR asked a question) as was told the exam wasn't needed. It happens, and it depends on when you called the first ti
    2 points
  13. That seems odd to me-----but maybe the C & P exam confirmed what other evidence you had sent,and VA could make the decision fast. On the 5103 waiver....I mentioned this before- I think it pays to briefly list and date the evidence they should already have received from you.
    2 points
  14. VA updates musculoskeletal and muscle injuries portion of disability rating schedule to reflect changes used to evaluate Veterans’ disability compensation
    1 point
  15. You will most likely be denied the increase just my opinion , however I am not saying you will be denied but most likely you will due to this (''There is no mention of promiscuity and he doesn’t make an inference between the high risk behavior and the sexual assault'') a secondary condition to your PTSD, Is Your best bet is to file a secondary that your Dr has mention in the record, I don't think they will give a secondary condition for Depression Veterans can't have two mental disorders rated at the same time, but just go with a secondary or maybe two secondary's that your PTSD wo
    1 point
  16. It is very possible and may happen more then you think but it is not supposed to happen. § 4.13 Effect of change of diagnosis. The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted. The relevant principle enunciated in § 4.125, entitled “Diagnosis of mental disorders,” should have careful attention in this connection. When any change in evaluat
    1 point
  17. I will only add to be careful what you ask the VA to do. Since you are already rated 70% service connected. The VA can only continue your current rating, or they can increase your rating. I doubt if they would try to reduce your rating but that is possible to, but I will not go there. I am more interested in informing you that the VA can increase your rating to 100% schedular or 100% TDIU and then propose that you are incompetent to handle your own financial funds and try to assign you a fiduciary to manage your VA compensation pay.
    1 point
  18. I would think a Dr would need to show a Contributing factor that is caused by or related to her PTSD that caused the problem or problems she is claiming.she would need to prove it was her SERVICE CONNECTED CONDITION (PTSD) was the cause of her to be a ' promiscuity''person after military service It would be a lot easier if she had records/documents of the promiscuity '' during her military (jmo)
    1 point
  19. About all you can do is file for it and wait for the decision Veterans can claim PTSD years after his/her military service simply because a lot of Veterans are in denial about this Mental Health Issue And tired of coping with it and having marital /family problems/struggles He/She would still need to prove his stressors (what happen/ date/ time or close to it the trauma event took place ,his unit and company commanders name/rank If the VA checks this all out and has merit and if approved his claim would start the date the VA Received it. I would say the odds are again
    1 point
  20. In reference to VA benefits, I will try to make it simple: Its all about what the doctor's report says. As always, for Service connection you need the Caluza elements, for an increase, you need to demonstrate additional symptoms that were not noted in previous exams, and that those increased symptoms approximated the "next higher" criteria level. Im not going to opine whether or not PTSD's "high risk behavior increase" resulted in promiscuity. My opinion on that wont matter, anyway. You need to discuss this with a doctor, and if he agrees with your assessment, or other wise provides
    1 point
  21. 2016, three months to get my CD. Hamslice
    1 point
  22. It used to hold up claims years ago because it was literally a paper for that had to be collected drink whatever desks in whatever ROs it was spread between. They are digital now but central scanning still has ALK there physical incoming mail for all current claims to work on, too, and it hasn't really slowed.
    1 point
  23. https://www.va.gov/vetapp15/Files2/1513239.txt We'll, I was close. He was suicidal and suffered from depression. The family went through the trouble of getting PTSD added to his death certificate, which previously stated trauma from the accident. I don't know how they did that, but, it didn't matter. It was denied. And I like how the board said PTSD and or Depression, same thing, don't matter. I think she lost before she started, as they (VA) were not going to open the can (of worms). Remember, if they are going to pay DIC, then they would pay for compensation. So, in the
    1 point
  24. DSIG, I do not doubt the science, I just don't see the VA opening that can of worms and where it would lead. There is a mountain of evidence to prove that young Veterans buy more motorcycles, and therefore, take more risks. It is the first question on the psychological test for becoming an Officer in the Army, or at least OCS (Officer Candidate School). 1. Do you like to ride motorcycles, yes or no. Almost everyone gets it wrong. The correct answer is no, because, yes means you take risks. I answered yes, but still passed. So, yes, I agree with the science,
    1 point
  25. I know less than nothing about CUE's, so someone else will have to opine on that. The bottom line is that they changed the name of your already service connected condition previously rated at 20%, when a increase was requested, and then gave you a new "EED" based on the date of claim for the increase, with no rating increase. So, it looks wrong to me. But I don't know how to fix it. You could call Betty and see what she has to say. It could be an easy fix. The 20% rating is, as stated earlier, about the drop off point for lumbar (lower back pain) with the VA unless there are
    1 point
  26. Coffee123 Welcome to Hadit. Without seeing the VA decision letter, there is just no way we can know what's going on. It should show up in the mail in a week or so and until you get it in hand, you just have to wait on any new action. When you get it, redact your name and other personal info and post it to this posting so we can advise.
    1 point
  27. bronco, I have my c-file and my latest blue button (from day one, each time) on my desktop drive. I also have them backed up. I had my issues printed on a piece of paper and then ctrl-f buzz words until I found the C&P's and then looked to see who did them. I've had all my C&P's done at the same VA hospital, so I can find the examiners rather easy, however, when I do/did a bunch of claims together, sometimes I don't know what the exam is for, etc. Lately though, my claims have been one or two issue, so I know going in what they are looking for and I do study the DBQ ahead
    1 point
  28. Thanks Ham. Did you remember those, or look em up? Many Vets dont read their exams, their medical records, or even their decisions, then wonder why things dont go well. You did, and you got a high rating. The problem is that VA many times "wont release" the C and P exam report, until AFTER the rating. So, the Vet has no idea if it was a favorable exam or not, and if the examiner was qualified (competent) to make an opinion. He has to wait for a denial to do anything about it. This generally means years of appeals.
    1 point
  29. Just my opinion A TDIU P&T can work rather or not its for a mental health SERVICE CONNECTED (PTSD/'DEPRESSION disorder or a Body Injury from military service. But ONLY UNDER SPECIAL CIRCUMSTANCES (family business ,self employed /or family Farm, Veteran can keep the business as long as he has someone else to run the business and he will over see the Business. but VA has to give to ok... other wise if your TDIU P&T and you could no longer do your job you were train to do and your disability keeps you from working then your not suppose to work and will need to
    1 point
  30. While I understand your anxiety and frustration of checking ebenefits, having been there, done that, it is more productive to watch paint dry, or grass grow. Or, you an buy a lottery ticket as you have about the same chances of ebenefits being correct and up to date as you do winning the lottery. Ebenefits is notoriously unreliable. VA.gov is no better. I suggest getting a fishing pole, going fishing, playing chess, improve your relationship with spouse or family, get a new hobby, or go to church instead. A watched pot never boils.
    1 point
  31. Im not a decision maker, so my opinion on that and $10 bucks should get you a cup of coffee in most places in town. Or, $5 without my opinion. However, it seems to me the "protected work environment?" mostly applies to tdiu, as follows: I have highlighted the "protected work environment clause". To my knowledge, this applies only to TDIU, and no such clause exists for 100 percent for mental health disorders. Getting 100 percent and being still able to work is possible, but does not happen often. Tammy Duckworth is an example of a 100 percent Vet who works. She did work f
    1 point
  32. You posted: 2 Things: 1. Did you check the c and p exam, and your medical records to see if you were diagnosed by a doctor, for the condition claimed? DDD (Degenerative disk disease) and Degenerative Arthritis of the spine sound like the same thing, in different words, to me. You did use the term "Lumbar" which is a specific portion of the spine. My doctor once told me I had "degeneration" of my knee. I think he later on in the conversation used the term arthritis. It might be like saying "wireless phone" or "cell phone". Pretty much the same thing. According to
    1 point
  33. Ok, sorry I missed question earlier. It sounds like you are relying upon the unreliable ebenefits for information. Thats not a good idea. But, lets go back. You are 100 percent P and T. Ok, so you put in for an increase, but your rating stayed the same. My advice is to focus on stuff that will increase your check OR, provide for your family such as DIC in the event of your death. To increase 100 percent, you will need some type of SMC S. Lets assume you are "not" bedridden, and do "not" need aid and attendance. While this may not be true, if you
    1 point
  34. from what I understand of PTSD to get 100% you would be unable to maintain a full time job. Now I could be wrong, but the way it is written it sure sound like you need to be unable to keep employment.
    1 point
  35. CNAs don’t practice medicine. Let’s keep the hyperbole down to a dull roar.
    1 point
  36. Absolutely. It literally breaks my heart when I get a claim across my screen and the claimant tried to claim specifically the most recent diagnosis only, or tried to "Web MD" it- shutting the door on any other DX I may find in their records from somewhere in the mists of time, or, if claiming a specific disability, it makes it a lot harder for me to argue things like "well, he claimed OSA but while he doesn't have a DX for it specifically he DOES have all these other sleep problems.....". If you claim specific DX, thats what we have to go with, unless you claim it again on the form as only sle
    1 point
  37. Hey Buck52 "For me I lost my hearing due to loud sudden noise...and chronic PTSD/DEPRESSION for combat duty from Nam" I to sustained my PTSD from combat duty in NAM, along with hearing loss, and agent orange exposure- the terribly sad part is being what we used to call OLD school, it took me YEARS and YEARS to finally figured out why I was feeling like I did-- I just thought it was me, so you just "soldier on" but but after four marriages and some pretty jacked up social choices (and certain social situations) caused so much stress, and anger I FINALLY came to some understanding-- I als
    1 point
  38. File for everything you think maybe service connected related to your military to include any secondary's conditions you may have. The SMC S Housebound is extra nice especially if you have dependents ..for me its just me and wife. Let the VA Figure out the rating and you can check on the ratings they give you, some times they like to low ball veterans, this is why we all must know the rating critera for everything were service connected for. For me I lost my hearing due to loud sudden noise...and chronic PTSD/DEPRESSION for combat duty from Nam
    1 point
  39. staticline are you S/C for diabetic because it can cause Sleep Apnea also, thing to think about.
    1 point
  40. With all due respect, broken soldier, the well respect attorneys who represent Veterans on the NOVA list, do not "convince Veterans to sue" regardless of whether or not its warranted, for multiple reasons: 1. The attorneys who represent Veterans "only get paid" when the appeal is successful, and there is zero incentive for attorneys to represent Veterans "where the issue is not warranted". In fact, out of the multiple attorney's I have spoken with over the years, its actually difficult to get an attorney to represent you. The expect to see a copy of the decision letter in dispute,
    1 point
  41. Ebenefits is in the middle of actively moving to va.gov. I wouldn’t trust much of what it shows at this point.
    1 point
  42. I’ve seen them done the same day. I had one today, actually. VA has been slowly getting better for the last 10 yrs or so, not that some would notice. it’s too easy to just throw up a website as a lawyer and convince people to sue all day, regardless of whether or not it’s really warranted.
    1 point
  43. I had a c&p exam Tuesday, 2/16. Today 2/18 on ebenefits was showing that I was granted 50% for Sleep Apnea. That was very fast!!!
    1 point
  44. Broken soldier shared a link about "presumptive". But, that is just one of at least 4 ways to get sc. The other's are: 1. Direct. You need a diagnosis, nexus, and in service event. 2. Presumptive. Link above. 3. Secondary to another SC condition. This means you need a diagnosis and a doc opinion that your arthritis is at least as likely as not related to (a SC condition). 4. 1151 claim
    1 point
  45. Its the same thing. The efolder IS the system. I have no idea how Ebenefits works for how and when it updates. Thats why we have nothing to do with it. The reason you can't usually request records from the vendors is because WE are the client - the VA. Its like my VA home loan appraisal that im waiting for right now. IM not the requestor, the VA is, through my lender, so when I asked about the appraisal report that was sent I was told by the appraiser that im not the client. If you want your results from a Vendor exam you have to wait until they are uploaded and part of your file.
    1 point
  46. If this was remanded back to your R.O. call the 1-800# and ask them to check the status of your claim/this claim. Use to we could call our R.O. And check the status of our claims but now we got to go through the process or call the 1 -800#
    1 point
  47. I was always under the impression Drill was Active duty. Just for the days you are active. You will probably need to take this to the CAVC and get a Lawyer at that point, and the EAJA will cover the cost of the lawyer while you are at the CAVC. After the BVA decision it should ask you if you want appeal and the next step is the CAVC. You do have to act fast as they give 120 days I believe.
    1 point
  48. I would get the IMO/IME. As a matter of fact, I might get two IME's/IMO's. Just bury them with evidence. When I got P&T I had three doctors do reports for me. Getting an incompetent C&P is so normal for the VA in my experience that it is normal. I went to a C&P for a heart condition. The so-called doctor was a nurse. She had no idea what she was doing. My exam with her was a 0% disability. I got my IMO and got 60% because the C&P doctor's exam was so incompetent. It is amazing what an IMO can do for you. So many vets just accept a VA C&P without filing an appeal and
    1 point
  49. It also begs the question that if the delaying action should push the hearing past the magic 20 years, the VA would have to void the action right?
    1 point
  50. When I used VA dentist they wanted me to wait two-three months for a permanent crown while wearing a temporary crown. I private dentist said this was asking for problems since with temporary crown bacteria can get into the pulp of your tooth and you then wind up with root canal. It took about ten days for private dentist to get me a permanent crown instead of 2-3 months. I paid the money and kept the tooth. When you use the VA you might as well be on Medicade/Welfare. I use them just for spite and they are good for a few things. I have had no luck with their private referral system.
    1 point
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